The Importance of Having Competent Legal Counsel for State Board of Pharmacy Matters

State boards of pharmacy throughout the country serve important functions including overseeing the licensing and registration of pharmacies, pharmacists, and pharmacy technicians; establishing and enforcing the laws and regulations governing the practice of pharmacy; and overseeing disciplinary proceedings involving pharmacies and pharmacists. While the need for competent legal counsel in formal proceedings, such as a hearing or trial, is well known, several states throughout the country conduct more “informal” disciplinary proceedings to facilitate prompt and efficient resolution of disciplinary proceedings to avoid the need for expensive and time-consuming formal proceedings. However, more informal proceedings, despite being labeled “informal,” must still be taken very seriously by pharmacies and pharmacists because such proceedings can result in discipline that is reportable to other state boards where a pharmacy or pharmacist may be licensed.

For example, Texas Pharmacy Regulations allow for Informal Conferences to be conducted by the Texas State Board of Pharmacy (BOP) in connection with disciplinary action. When the Texas BOP institutes disciplinary action against a pharmacy or pharmacist, the BOP will typically send written notice of the action advising the pharmacy or pharmacist of its legal rights in connection with the disciplinary action and scheduling an in-person Informal Conference. Importantly, a pharmacy or pharmacist is permitted to respond to the written notice and appear before a BOP Panel at the Informal Conference to discuss the allegations. To ensure that a pharmacy or pharmacist is fully apprised of all legal rights in such proceedings and responds appropriately, it is critical to retain competent legal counsel.

Frier Levitt has extensive experience in representing pharmacies and pharmacists before numerous state boards of pharmacy throughout the country. If you or your pharmacy receive notice of disciplinary action involving a state board of pharmacy, contact Frier Levitt today to speak with an attorney to ensure that you are fully apprised of all legal rights before responding to a board of pharmacy.