Throughout the country, the practice of pharmacy is typically regulated by a Board of Pharmacy (“Boards”) or another similar administrative agency. Often times, Boards are charged with the authority to grant or deny initial licensure to a pharmacy or pharmacist applicant as well as other licensees engaged in the practice of pharmacy. The Board is also responsible for regulating the conduct of these licensees. In short, these Boards exist to protect the health and well-being of patients and the public. Given these many responsibilities and important implications, as an administrative government agency, Boards have many tools available to them to monitor the practice of pharmacy in their respective states including the right to inspect, investigate, and where they deem it necessary, pursue disciplinary action.
Boards of Pharmacy and Disciplinary Action
As part of their disciplinary authority, Boards have the power to issue various disciplinary sanctions which, depending on the circumstances, can be substantial and could limit a licensee’s right to engage in the practice of pharmacy going forward. Board inspections and investigations that lead to disciplinary action can arise from a number of issues and from a variety of sources. For example, sometimes complaints about a pharmacy or a pharmacist may be made to a Board alleging failure to properly supervise pharmacy staff, failure to operate, practicing with a lapsed pharmacy license, or failure to disclose or provide accurate information in an application or license renewal. Complaints can be made by employees, patients, payors (like the largest pharmacy benefit managers [“PBMs”]), or even a competitor. However, when such complaints are made and inspections or investigations are conducted, which could lead to disciplinary action, pharmacies, pharmacists, and other licensees have substantial legal rights including the basic right to defend against the allegations and protect the license and continued right to practice.
Defending Board of Pharmacy Investigations and Disciplinary Actions
It is important to keep in mind that just because a licensee receives notice of an investigation from a Board does not mean that it violated the applicable practice act or that it does not have valid legal defenses against the allegations. Moreover, at the outset of an investigation, licensees are typically permitted to provide a written response to the allegations. In many cases, a written response is the first chance to relay the accurate version of events to the Board and an important opportunity to take control of the narrative. The importance of crafting an accurate and detailed written response cannot be understated. However, it is also important that in providing a written response that a pharmacy or pharmacist does not unknowingly and inadvertently waive any legal rights it may otherwise be entitled to. Furthermore, it is critical to avoid unknowingly and inadvertently admitting to a violation or other wrongdoing.
As mentioned, Boards ultimately have great discretion to impose disciplinary action and there are usually several options available to the Board, including: monetary fines (which can range drastically depending on various factors), additional continuing educational requirements, placing the license on probation, suspension of license, and in more serious cases, revocation of the license. In some instances, which can vary from state to state, a Board may also have alternatives to formal disciplinary action. It is crucial that in assessing these options that a licensee, whether it be a pharmacy, pharmacist, or pharmacy technician, confer with legal counsel to ensure they have a complete understanding of all the options available to them and that all steps be taken to advocate and pursue the best outcome possible under the circumstances. It is also important for licensees to confer with legal counsel if they are considering whether to accept, or reject, a possible settlement with a Board of Pharmacy.
Retaining Board of Pharmacy Legal Counsel is Critical
Even though retaining an attorney in a Board of Pharmacy Action is not required, it is strongly recommended. Having experienced legal counsel is beneficial in guiding a licensee through the investigative process, considering settlement offers, and ensuring that all options available to a licensee are considered and that all legal rights are acknowledged and preserved throughout the entire process. In cultivating a strong relationship with your Board of Pharmacy, it is important to be proactive—therefore, consider retaining qualified Board of Pharmacy legal counsel now, rather than waiting until there is an inspection, investigation, or other disciplinary proceeding.
How Frier Levitt Can Help
Frier Levitt has represented thousands of pharmacies, pharmacists, and pharmacy technicians across the United States as well as various other providers and industry stakeholders with an emphasis on Board of Pharmacy issues. Frier Levitt has successfully defended Board of Pharmacy investigations and actions. Our attorneys have extensive knowledge of all aspects of Board of Pharmacy proceedings. If Frier Levitt is retained early enough, we will ensure that all possible defenses are asserted and actions taken to protect your legal rights. Contact us to speak with an attorney to learn more about the process and how Frier Levitt can assist.
