Wyoming's natural treasures, like mountain ranges, lakes, and wildlife, are sought by millions of visitors every year. Still, the state is the least populated in the U.S. Despite that, Wyoming has a thriving healthcare industry packed with promising and lucrative opportunities for licensed pharmacists. Some in the bigger cities are employed by larger institutions, such as the Aspen Mountain Medical Center in Rock Springs or Sheridan's Regional Medical Center. Others work throughout more rural areas as pharmacists in retail stores in Afton and in local grocery stores in towns like Lander, La Barge, Cody, and elsewhere in the Cowboy State.
After years of education, completing licensing requirements, and securing your dream job, you must protect your investments in every situation, including when the state board receives a complaint against you. Lawmakers and the public pressure regulatory bodies to manage instances of misconduct swiftly, and harsh discipline is expected, which can lead to the following:
- Fines that add up quickly, leaving you struggling to provide for your family and children.
- A suspended license that causes you to lose your job temporarily.
- Revocation of credentials that force you to find an occupation in a different industry.
Be sure to seek professional defense before the state launches an investigation; act now and contact the Lento Law Firm Professional License Defense Team. Our attorneys recognize the intricacies of administrative procedures that address alleged misconduct and public complaints, including how you are vulnerable to losing your ability to practice. Call us at 888-535-3686 now to begin your defense strategy, or visit us online to fill out our confidential online consultation form, and we will contact you.
Wyoming State Board of Pharmacy Code of Ethics
The state's legislature gives the Wyoming State Board of Pharmacy (WYBOP) the authority to license individuals fit to practice pharmaceutical duties, including supervising licensees and ensuring laws and regulations are followed. A significant portion of the board's obligations are managing the professional conduct of licensed pharmacists with its code of ethics.
The WYBOP can take adverse administrative action against licensees for actions constituting unprofessional conduct, including but not limited to the following:
- Failing to observe the law, uphold the dignity and honor of the pharmacy profession, and accept its ethical principles.
- Failing to hold the health and safety of patients as a first consideration.
- Condoning the dispense, promotion, or distribution of drugs that do not meet standards required by law or lack therapeutic value for the patient.
- Failing to utilize medical knowledge and act with professional judgment.
- Fee splitting or exploiting patients for payments.
- Providing practitioners with prescription blanks bearing the pharmacy or pharmacist's name or address.
- Any behavior toward a patient, another licensee, or an employee of a pharmacy that exploits their position of trust, knowledge, emotions, or influence.
When the board becomes aware of rule violations, they will address the misconduct. However, WYBOP doesn't constantly patrol licensed pharmacists to find potential violations. Most allegations come from the state's complaint system.
Wyoming Pharmacist Complaint Process and Investigation
Pharmacists may believe complaints are a limited scope of grievances solely related to on-the-job conduct. While colleagues or patients can submit complaints, any member of the public can, too. Complaints are filed through the board's website or in a written statement.
The board's Executive Director will initiate an investigation of the complaint without the participation of any other board member. Upon the completion, the Executive Director will file a formal complaint if probable cause is found as to the existence of such violations, prepared in conjunction with a representative from the Office of the Attorney General that includes the following:
- The name and address of the parties involved.
- The time, place, and nature of the hearing.
- The board's legal authority under which the hearing is held.
- A statement of the facts upon which the complaint is based, including statutes, rules, regulations, or orders allegedly violated.
Notices must be mailed to the licensee at least 20 days before the hearing date. At any time before the hearing, the Executive Director may amend the original complaint to include a more definite and detailed statement of the facts and matters asserted.
Formal Hearing Process
Hearings may involve a board representative or hearing officer presiding, with the Executive Director making the final decision. When the formal hearing is convened, it's customary for both parties to make opening statements. However, Wyoming's procedures will not allow for such a provision.
First, the agent, counsel, or representative of the Executive Director will proceed to present the board's evidence against the accused—called a contestee in Wyoming's administrative proceedings. Evidence may include witness testimony, and while the contestee cannot provide a rebuttal, they may object to what the board presents and cross-examine witnesses.
Following the board's case presentation, the contestee is heard by the disciplinary panel in the same manner as the board's representation. Contestees—or their legal representation—may provide examples of documentative evidence and call witnesses to appear and testify. If oral arguments are a part of the proceedings, the time allotted for them may be limited. Lastly, both parties will give closing statements summarizing their positions and the evidence presented in a last attempt to influence the hearing officer's or board representative's decision.
After closing the formal hearing, the contestee or the board representative may seek to tender additional written briefs for consideration. Otherwise, the board will deliberate on the matters presented at the hearing and announce the decision "within due and proper time," but usually within 30 days. Decisions will include:
- The charges asserted during the hearing.
- The hearing officer's decision.
- The appropriate sanctions and the hearing officer's explanation for them.
Sanctions for Wyoming Pharmacists
Whether a pharmacist decides to launch an appeal or not, the punishment handed down from the board is effective immediately. Sanctions recommended by the hearing officer can take many forms and often depend on the complaint or charges adjudicated during the hearing process. Some of the most common sanctions for licensed Wyoming pharmacists are the following:
- Reprimand: Formal, board-issued statements used to express condemnation of the licensee's conduct or act in the subject of the complaint are included in the pharmacist's permanent record. Reprimands are typically given for minor or first-time violations and serve as warnings to licensees.
- Fines: The board imposes monetary fines or penalties as part of the disciplinary action. These serve as another form of deterrent and may be imposed in addition to other disciplinary measures.
- Probation: Restrictions or specific conditions that place the pharmacist under supervision and monitoring for a designated period of time. Under probation, it's common for pharmacists to have the scope of their practice limited and typically include additional education or training requirements related to the sanctioned conduct.
- License Suspension: The temporary prohibition of practice for a specified period of time, typically imposed for serious or repeated violations. It's common for suspensions to be effective for one to five years,
- License Revocation: The permanent termination of the pharmacist's license, effectively ending their ability to practice pharmacy in the state. Revocation is reserved for the most serious violations, such as threatening patient harm or disregarding public health and welfare.
Although reprimands, fines, and probationary periods may sound small in the span of a pharmacist's career, they can often balloon into larger trouble. Reprimands are formal letters of warning that are placed in a licensee's permanent record. Therefore, when an individual seeks other employment opportunities or licensure in another state, it could be a reason for denial.
Fines can also add up. Wyoming's state authorities can fine you up to $2,000 per violation, leaving pharmacists struggling to provide for their families.
Probationary periods are typically packed with remedial tasks to recover from the conduct that led to the substantiated charges. However, they often hurt the pharmacist's career as they are compelled to complete extra work and may fall behind in their everyday practice, potentially leading to additional subjects of complaint in the future.
When the board hands down a license suspension—typically for severe or repeated violations—the minimum period of time is usually one year, with licensees often needing to complete tasks before being able to have their credentials reinstated. When state authorities revoke a license, it effectively ends an individual's ability to practice pharmacy in the state. Sometimes, former licensees may be able to apply for reinstatement after five years, but that is usually a condition determined by the hearing officer when recommending sanctions.
Appealing Wyoming State Board of Pharmacy Sanctions
Fortunately, when licensed Wyoming pharmacists are punished or disagree with the hearing officer or board's determination, they have the right to appeal through the Wyoming Office of Administrative Hearings (OAH). In any contested case, all parties are afforded a hearing after reasonable notice is served personally or by mail. Notices, like those given before board hearings, include the following:
- The time, place, and nature of the hearing.
- The legal authority and jurisdiction under which the hearing is to be held.
- The particular sections of the statutes and rules involved.
- A short and plain statement of the matters asserted.
Before the hearing, the OAH will direct the parties to attempt to come to an agreed settlement, default, stipulation, or a consent order. However, if both parties disagree, the OAH appoints a presiding officer, and both parties are allowed to respond and present evidence on all issues involved.
The final decision from the presiding officer will include findings of fact and conclusions of law, accompanied by a concise and explicit statement. Parties are notified either personally or by mail of any decision or order. If either party disagrees with the decision, they may have the option to appeal further to the Wyoming Superior Court.
How Can the Lento Law Firm Help?
Licensed pharmacists may believe they won't need professional help until they are working to file for a contested case hearing or an appeal to prevent the end of their careers. Even though Wyoming pharmacists understand the world of medication and controlled substances, they may be unable to pinpoint weaknesses in the complaint against them, the charges pursued by WYBOP, or the hearing before an OAH presiding officer.
Instead of stressing over state laws and regulations and how you can identify a means of defense, let a group of dedicated attorneys create a strategy for you. The Lento Law Firm Professional License Defense Team stands prepared, but we can also help you in the following ways:
- Assessing the validity of the complaint: Our team can evaluate the allegations against you and create potential avenues of defense to minimize the possible consequences of disciplinary action.
- Representation before state authorities: Anytime a state authority like WYBOP or OAH needs something from you, we can act as your representative. Moreover, we can assist or represent you at all stages of the disciplinary process, including presenting evidence, examining witnesses, and arguing to challenge the allegations.
- Negotiating before formal proceedings begin: Our attorneys can negotiate with the board's legal counsel or OAH staff to reach a settlement or resolution outside of a board hearing or contested case hearing.
- Filing Appeals: If you disagree with the outcome of the board or OAH's decision, our attorneys can assist with the appeals process, including filing, preparing briefs, and presenting arguments to courts.
Outside of defending and shielding you from harsh punitive measures, the Lento Law Firm Professional License Defense Team will be a valuable resource for Wyoming's licensed pharmacists. Our team will give you guidance and reassurance when dealing with the disciplinary process, but we can also advise you on state regulation rule changes and how they affect you, license renewal procedures, and how your license may be vulnerable to other actions.
Whether you're on staff at Memorial Hospital of Laramie County in Cheyenne, at one of the many individual pharmacies in Riverton, or anywhere throughout Wyoming licensed to dispense medication, contact our team. Call the Lento Law Firm Professional License Defense Team now at 888-535-3686 or visit our confidential online consultation form, and we will reach out to you.
