Texas Board of Pharmacy – What You Should Know About Agreed Board Orders

State Boards of Pharmacy (“BOPs”) throughout the country are empowered through various laws, rules, and regulations governing administrative agencies, like BOPs, to handle issues with the licensees they regulate, including pharmacies and pharmacists (“licensees”), to resolve issues through various means. Examples include settlement agreements, consent agreements, and other legal agreements which allow for more prompt and efficient resolution of disputes or disciplinary issues. One prominent example exists in Texas. More specifically, licensees in Texas that are facing discipline are often given an opportunity to attend a proceeding known as an Informal Conference with the Texas BOP to assess the possibility of resolving the dispute. But in some instances, before attending an Informal Conference, and sometimes after attending an Informal Conference, the Texas BOP will provide a licensee with the opportunity to resolve the matter without the need for further action. One example of this is known in Texas as a Proposed Agreed Board Order (“ABO”). ABOs constitute an opportunity for licensees to resolve the underlying issues without the need for more formal, time-consuming, and costly proceedings (hearings, trials, etc.). However, to accurately assess the benefits, risks, and costs associated with entering into an ABO, licensees must ensure that they are fully informed and apprised of all of their options and understand the implications of entering into an ABO or alternatively rejecting an ABO.

What Licensees Should Know About ABOs

Through an ABO, a licensee can resolve issues or disciplinary action by the Texas BOP more promptly, and potentially with less severe discipline, than could occur after a final hearing or trial on the underlying issues. The potential remedies contemplated with ABOs to resolve a matter vary depending on a variety of factors. Having knowledgeable legal counsel to negotiate the potential terms and conditions of an ABO is critical. It is also important to have knowledgeable legal counsel to assess the implications of agreeing to an ABO, or alternatively whether to reject a proposed ABO and proceed to either an Informal Conference or possibly a final hearing/trial on the merits of the underlying issues.

How are Licensees Notified of Proposed Agreed Board Orders and What is the Timing?

Licensees being offered a proposed ABO will usually receive a notice of disciplinary action against them through a set of documents known in Texas as a Preliminary Notice Letter (“PNL”). Typically, a PNL will include a lot of information regarding relevant deadlines, a summary of any allegations and possible discipline against the licensee, and potentially alternatives for resolution, which may include a proposed ABO.

Licensees should contact an attorney immediately upon receipt of a PNL from the Texas BOP. Contacting an attorney promptly is crucial because there are strict deadlines that must be met. If an ABO is presented by the Texas BOP in a PNL, there will likely be a deadline to decide if the ABO will be accepted.

Frier Levitt’s ABO Experience and How Frier Levitt Can Help

Frier Levitt has vast experience reviewing, negotiating, and drafting ABOs with the Texas BOP and has obtained successful results on behalf of many clients including pharmacies, pharmacists, and other licensees regulated by the Texas BOP.

Frier Levitt is prepared to assist licensees in assessing ABOs as well as in other related proceedings before the Texas BOP. Our attorneys will take an aggressive and strategic approach to defend your rights. If you are a licensee facing disciplinary action from the Texas BOP, contact us to speak with a member of our team.