Texas Board of Pharmacy – What You Should Know About Remedial Plans

State Boards of Pharmacy (“BOPs”) throughout the country are authorized to handle issues with the licensees they regulate, including pharmacies and pharmacists (“licensees”) through various means. For example, the various laws governing BOPs and licensees will allow, in certain circumstances, settlement agreements, consent agreements, and other legal agreements that facilitate more efficient resolution of disputes or disciplinary issues. In the state of Texas, one potential remedy is a Remedial Plan, a written proposal sometimes offered to licensees by the Texas BOP. If the Texas BOP offers a licensee a Remedial Plan, it might be offered along with a Proposed Agreed Board Order (“ABO”). Remedial Plans, like ABOs, may be an alternative to resolve an issue with the Texas BOP without the need for more formal, time-consuming, and costly proceedings (hearings, trials, etc.). To accurately assess the benefits, risks, and costs associated with accepting and entering into a Remedial Plan, licensees must fully understand all of their options and the implications of entering into a Remedial Plan, or alternatively, rejecting a Remedial Plan.

What Licensees Should Know About Remedial Plans

Through a Remedial Plan, a licensee may have the opportunity to resolve issues with the Texas BOP potentially with less severe penalties or consequences than could occur through other avenues including after a final hearing or trial on the allegations. If a licensee agrees to a Remedial Plan, they will have certain obligations they must meet. The terms and conditions of a Remedial Plan will vary depending on a variety of factors. Having knowledgeable legal counsel to assist in understanding the terms and conditions of a Remedial Plan is critical. It is also important to have knowledgeable legal counsel to assess the implications of agreeing to or rejecting a proposed Remedial Plan.

How are Licensees Notified of Remedial Plans and What is the Timing?

Licensees will usually learn about a possible Remedial Plan after receiving 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 Remedial Plan.

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 a Remedial Plan is presented to the licensee in a PNL, there will likely be a deadline to accept or reject the Remedial Plan.

Frier Levitt’s Board of Pharmacy Experience and How Frier Levitt Can Help

Frier Levitt has vast experience representing clients before Boards of Pharmacy, including in Texas and throughout the country. This experience includes reviewing, negotiating, and drafting Remedial Plans with the Texas BOP and obtaining 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 Remedial Plans and 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.