Although a career in pharmacy is rewarding, throughout their careers, pharmacists face many obstacles and challenges while engaged in the practice of pharmacy. These can be both professional and personal. Among the various professional obligations applying to pharmacists throughout the country, many State Boards of Pharmacy (“State Boards”) across the United States require licensed pharmacists to have and demonstrate “good moral character” as a requirement of licensure. In addition to assessing an applicant’s moral character through the initial licensing process, State Boards may also examine a pharmacist’s moral character if any issues arise that may reasonably call into question a pharmacist’s moral character and fitness to maintain a pharmacist’s license. Examples include substance abuse issues, criminal allegations and/or charges, or other matters that could reasonably cause concern for a State Board.
These types of issues can arise through self-reporting or disclosure, which is required in many states by a pharmacist. They might also be reported to a State Board by a third-party. When a Board becomes aware of an issue that could call into question the moral character and good standing of a licensed pharmacist or a pharmacist license applicant, State Boards will often hold hearings to assess and determine whether the issue is one that requires intervention, or alternatively, whether the issue or concern is one that has been adequately addressed or resolved and does not require further involvement.
As an example, in New York, when a pharmacist license applicant discloses information from their past which raises any concerns regarding their moral character, an applicant may need to attend or otherwise participate in a hearing to become a licensed pharmacist or otherwise maintain their pharmacist license.
The Application Process
Under Title VIII of the New York Education Law, a pharmacist license applicant must have good moral character for the applicant to become licensed as a pharmacist. If a question or concern arises as to the moral character and qualifications of an applicant, a panel from the New York State Board of Pharmacy (“New York Board”) may decide to screen the application to see if it can resolve the concerns and conclude that the applicant has good moral character.
If the panel is not able to resolve the concerns over the applicant’s moral character, the panel cannot simply deny the application. Rather, the panel can only conclude that it has a substantial question as to applicant’s moral character and must then conduct further proceedings.
At that stage in the application process, the applicant is informed that the New York Board has a serious question regarding the applicant’s moral character, and the applicant is given the opportunity to request a hearing and appear personally before a New York Board panel to address and potentially alleviate any concerns on the part of the Board.
Moral Character Hearing’s Require Preparation; Legal Representation is Recommended
To address any issues or concerns raised by the Board at the moral character hearing, the applicant will need to present evidence regarding their moral character to the panel. In making this presentation to the panel, the applicant can testify, present documents, as well as witnesses to show the New York Board that the applicant has good moral character and that they are entitled to receive or maintain their pharmacist license. During this process, an attorney from the New York State Education Department, Office of Professional Discipline will also be present on behalf of the Board and will have the opportunity to cross-examine the applicant or licensee and any witnesses that testify on the applicant’s or licensee’s behalf.
Important Factors Considered by Boards of Pharmacy When Evaluating Moral Character
- The nature and severity of the issues that led to the hearing;
- Any steps that have been taken by the applicant or licensee to address or otherwise resolve the issues that led to the hearing;
- The overall quality and credibility of the applicant’s or licensee’s, i.e., consistency or inconsistency, truthfulness or untruthfulness;
- The quality of the evidence presented showing the applicant’s moral character at the time of the hearing; and
- The quality and credibility of testimony from any
Having competent legal counsel to prepare for and be present at moral character hearings is highly recommended to ensure that an applicant or licensee presents information to the New York Board panel in an organized and credible manner. Furthermore, competent legal counsel is a valuable resource to prepare applicants or licensees for any cross-examination questions that may be asked after the applicant’s presentation has concluded.
How Frier Levitt Can Help
Frier Levitt represents numerous pharmacists across the United States with State Board of Pharmacy matters. During a moral character hearing, pharmacists have the opportunity to present their case with the help of legal representation. It is crucial for New York pharmacist applicants to present their case in an organized and streamlined fashion. Contact us to speak with an attorney about how you can make the best presentation to the New York Board regarding your moral character.
