Texas Board of Pharmacy – What You Should Know About Statements of Allegations

In Texas, licensees are informed of the Board of Pharmacy’s (“BOP”) allegations against them through a document called the Statement of Allegations. Some of the information usually contained in the Statement of Allegations includes: (1) a description of the licensee’s conduct which led to the allegations, (2) a description of how the Texas BOP possessed the evidence that forms the allegations, and (3) a description why the BOP believes the licensee’s alleged conduct violated a Texas BOP statute/rule and which BOP statute/rule is alleged to be violated. It is only after a thorough and proper assessment of the Statement of Allegations that an informed decision can be made as to how one should proceed. While there may be instances in which a licensee can amicably resolve allegations with the BOP, depending on the nature of the allegations, such alternative remedies may not be available or may require aggressive negotiation to obtain.

What Licensees Should Know About Statements of Allegations

To decide in an informed manner how to proceed, a Statement of Allegations must be examined in detail through the lens of knowledgeable legal counsel. Experienced legal counsel will be able to make a preliminary assessment of the Texas BOP’s allegations against a licensee by examining the Statement of Allegations and conferring privately with the licensee. It is important for knowledgeable legal counsel to analyze the Statement of Allegations to make an initial assessment as to whether the licensee’s alleged conduct violated the cited Texas BOP statute(s) and/or rule(s).

How are Licensees Notified of Statements of Allegations?

Licensees are typically provided with a Statement of Allegations against them through email and/or mail correspondence. More specifically, a licensee will receive written notice of disciplinary action against them, which may be included in a set of documents known in Texas as a Preliminary Notice Letter (“PNL”). Typically, a PNL will include a lot of important information including applicable deadlines, the Statement of Allegations and possible discipline against the licensee, and potentially alternatives for resolution. Licensees should contact an attorney immediately upon receipt of a PNL or other written correspondence from the Texas BOP. Contacting an attorney promptly is crucial because there are strict deadlines that must be met.

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

Frier Levitt has represented numerous licensees, including pharmacies and pharmacists, in actions involving Boards of Pharmacy including in the State of Texas and in other states throughout the country. Frier Levitt has also obtained successful results on behalf of various pharmacy clients.

Frier Levitt is prepared to assist licensees in assessing Statements of Allegations, negotiating resolutions, and representing licensees at final hearings/trials on the merits before the Texas BOP and other BOPs throughout the country. 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 or other BOPs, contact us to speak with a member of our team.