For pharmacists practicing in Illinois, maintaining a reputation of professional excellence is crucial. Your knowledge and skill are the bridge between sickness and health. People in your community rely on your expertise and competence to safeguard their well-being. When you receive notice that someone has filed a complaint against you, your reputation in the pharmacy community is in jeopardy, and, in some cases, your pharmacist license might be at stake. That's why it's critical to speak to an attorney experienced in handling pharmacist licensing issues as soon as you learn of the complaint.
If you are an Illinois pharmacist or pharmacy technician accused of unprofessional conduct or are facing disciplinary measures from the Illinois Pharmacy Board, call the Lento Law Firm today and speak with a member of our Professional License Defense Team. We have years of experience helping professionals in multiple industries protect their rights, reputation, and livelihood. We are ready to help you, too. Call the Lento Law Firm at 888-535-3686 today or contact us online.
The Illinois Pharmacy Board
Illinois Pharmacists are expected to adhere to the highest ethical and professional norms. As a pharmacist, your actions affect the health, safety, and welfare of the public. Among other things, you have a duty to dispense medications safely and accurately, counsel patients wisely about medication, monitor for potential drug interactions, and work with the patient's other healthcare providers to ensure optimal medication therapy. Your expertise helps patients make informed choices about their health and can give them peace of mind. Losing the trust of those who rely on your professionalism could have serious consequences, impacting patient safety and your reputation.
The Illinois Department of Financial and Professional Regulation (IDFPR) oversees the Illinois Board of Pharmacy. The IDFPR and the Board are together responsible for licensing and regulating approximately 20,000 pharmacists and pharmacy technicians in the state. Appointed by the Governor, the Board is comprised of eleven members, including eight licensed pharmacists, two public members, and one pharmacy technician. Their duty is to provide guidance to the Secretary of the IDFPR on issues related to professional conduct standards, candidate qualifications, and discipline of licensees under the Act. More fundamentally, their mission is to protect the citizens of Illinois from inept or unprincipled pharmacists. This fact is critical to understand as you go through the disciplinary process–the Board does not represent your interests.
An Illinois pharmacist's professional and ethical standards are established by § 1330.30 of the Pharmacy Practice Act of 1987. This section sets forth the different acts that can constitute unprofessional conduct under the law. If pharmacists or pharmacy technicians have been accused of violating this law, the Board will investigate the matter to determine whether an infraction has occurred and, if so, choose and deliver the appropriate reprimand or sanction.
If you are a pharmacist or pharmacy technician accused of violating these rules and standards, you need a skilled lawyer to keep you abreast of your rights and defend your interests. The Lento Law Firm's Professional License Defense Team can give you peace of mind by helping you understand the allegations and formulating a solid defense to bring the best possible outcome.
Complaints that May Threaten a Pharmacist's License
Anyone may file a complaint against a pharmacist, including members of the public, law enforcement or other governmental agencies, or fellow pharmacists or other medical professionals. The subject of such complaints may span a variety of accusations, from alleged breaches of professional or ethical regulations to violations of pharmacy-related laws. Actions that constitute unprofessional or unethical conduct and may trigger a complaint against a pharmacist include:
- Misusing controlled substances, including the illegal distribution or use of controlled substances
- Stealing or attempting to steal prescription drugs
- Failing to take proper steps to prevent unauthorized use or distribution of controlled substances.
- Making prescription errors that result in the hospitalization of a patient or that show a pattern of making such errors
- Engaging in dishonest, fraudulent, misleading, or deceptive practices relating to dispensing medication or advice.
- Making, filing, or maintaining false or fraudulent records
- Submitting fraudulent billing reports
- Failing to provide a patient with counseling, respond to requests for counseling, or otherwise discourage patients from receiving counseling relating to prescription medications
- Overcharging patients for prescription medications (e.g., charging patients for a brand drug but delivering the generic)
- Filing a prescription that no reasonable pharmacist exercising sound professional judgment would find accurate or authentic.
- Knowingly dispensing a prescription drug without a valid prescription.
- Dispensing or offering to dispense a drug not approved by the FDA.
- Discriminating against anyone based on religion, race, creed, color, gender, sexual orientation, age or national origin.
- Giving prescription order blanks to a doctor that mention a particular pharmacist or pharmacy
- Actively or passively participating in an agreement to prepare a prescription order-blank in a manner that refers to a specific pharmacist or pharmacy.
- Failing to keep yourself and your clothes clean or to wear identification with your name and title.
- Providing pharmacy services while under the influence of drugs or alcohol
- Violating patient/customer confidentiality
- Failing to report suspension or revocation of your pharmacist license in another state
If the Board finds, after an investigation, that the pharmacist committed one of the above actions, the Board will determine and issue an appropriate disciplinary action, including censure, reprimand, probation, license suspension, refusal to renew a pharmacy license or permanent license revocation. In addition,
A pharmacist may face criminal penalties for certain acts of misconduct, including, among others:
- Doing business with a drug store or pharmacy that doesn't follow the rules of the Pharmacy Practice Act or is run by someone not authorized.
- Selling or making available any drug or medicine that doesn't meet the standard quality or strength as defined in the US Pharmacopeia/National Formulary.
- Purchasing prescription drugs from any source that doesn't comply with the Wholesale Drug Distribution Licensing Act.
Reinstating a revoked pharmacist license is exceptionally challenging. It's crucial to reach out to the Lento Law Firm's Professional License Defense Team from the moment you learn of a complaint or an investigation against you. We can help ensure that your rights are respected, your voice is heard, and that you achieve the best outcome possible for your career.
The Disciplinary Process for Illinois Pharmacists
The disciplinary process begins when an individual or agency files a complaint against the pharmacist with IDFPR's Complaint Intake Unit in the Division of Professional Regulation (DPR). The DPR conducts an initial review, and if the complaint meets a minimum threshold, the complaint will be referred to a lead investigator. The Investigator will determine whether the Department has the legal authority and sufficient evidence to pursue the alleged breach of pharmacy rules or laws. If the Department decides the case is legitimate and may be sufficient evidence of a violation, they will pass the case to DPR's prosecuting attorney. If not, they will close the file. If the facts suggest criminal activity, the Department may refer the case to the county State's Attorney or Illinois Attorney General.
Once the case is in the hands of DPR's prosecuting attorney, they may either decide more evidence is needed or that they have enough evidence to file formal charges. Depending on the circumstances of the case, the DPR may send the pharmacist a Notice of Disciplinary Conference. This conference, which takes place with the DPR and a member of the Pharmacy Board, allows the pharmacist to present their response to the allegations and negotiate a discipline agreement without issuing a formal complaint. Although no court reporters or witnesses are present at this conference, the pharmacist is allowed to bring their attorney.
On the other hand, if the prosecuting attorney decides that the facts of the case warrant a formal disciplinary hearing, they will issue a Formal Complaint and propose a date for a Formal Hearing. The hearing is held before the Pharmacy Board and the Department's Administrative Law Judge. The pharmacist will have the opportunity to present their side of the story and defend against the allegations with witness testimony. After the hearing and reviewing all the evidence, the Pharmacy Board will give its conclusions and recommendations to the Director of Professional Regulation, including whether and how to sanction the pharmacist.
If the Pharmacy Board determines that you have violated the Pharmacy Practice Act or other relevant state laws, you have 35 days to appeal the decision in circuit court.
Why You Need an Illinois Pharmacist License Defense Attorney
Becoming a pharmacist requires years of rigorous study, challenging exams, and dedicated effort to establish yourself as a competent, trustworthy professional. Any complaint that jeopardizes your career or tarnishes your reputation for honesty and proficiency should be treated with utmost seriousness. The experienced Professional License Defense Team of the Lento Law Firm can help protect the career you've worked so hard to build.
Upon receiving a complaint or notice that you are under investigation by the DPR, you should contact the Lento Law Firm immediately. We can help you understand where the DPR and the Board are in their review of the matter, and prepare you for the next steps while protecting your rights and interests. For example, we can help you:
- prepare for conversations with the Investigator or attend the interview with you to ensure that the Investigator does not overstep their boundaries and that you do not yield more information than necessary.
- develop a strong defense against the allegations, prepare you for the Informal Disciplinary Conference, if required, and negotiate on your behalf with the DPR and Board Members to achieve the best possible outcome.
- prepare you for a Formal Hearing, if required. We can develop a robust defense, practice your testimony, identify expert witnesses to testify at the hearing, and identify and produce documents and other evidence in your favor.
- help you appeal the judgment, if necessary. Board decisions are extremely difficult to overturn. You will need skilled legal counsel to raise specific arguments that show that the Board has exceeded its authority.
The Lento Law Firm Professional License Defense Team understands the challenges pharmacists face when accused of misconduct. While the DPR and Board conduct a thorough inquiry into the complaint, their primary concern is safeguarding the public's interests, not yours. This objective might inadvertently result in the oversight of favorable evidence and the pursuit of charges that could have been dismissed. With the Lento Law Firm's Professional License Defense Team on your side, you can feel assured that the Board will conduct a comprehensive and impartial investigation, considering all evidence and regulations.
Moreover, being represented by the Lento Law Firm can offer much-needed reassurance during disciplinary proceedings. While the Pharmacy Board is well-versed in the disciplinary process and regulations, you may not be, which can put you at a significant disadvantage. Trying to grasp these complex rules and arguments on your own can make a stressful situation overwhelming.
Our knowledgeable Professional License Defense Team can give you peace of mind by helping you navigate the process. We explain each step clearly to ensure you never feel helpless, lost, or out of control. With our skilled attorneys in your corner, you can confidently address every challenge, knowing your interests are safeguarded throughout the process.
Let the Lento Law Firm's Professional License Defense Team can Help You
After learning you're the subject of a complaint or Pharmacy Board investigation, the worst thing you can do is ignore it. The Board may enter a default judgment against you if you never respond to the complaint.
The best thing you can do is hire an experienced professional licensing defense lawyer. Protect your reputation, livelihood, and everything you've worked so hard to achieve with the Lento Law Firm as soon as possible. Call us today at 888-535-3686 or contact us online so we can get started. We want to ensure you are treated fairly in these proceedings and help you achieve the best outcome possible.
