Pharmacists provide a critical link between healthcare providers and patients, both of whom count on a pharmacist’s professional skills and attention to detail when dispensing vital prescription medications. Along with the inherent stress of the job, pharmacists must also be cognizant of all applicable state and federal laws and regulations. A pharmacist who commits an error or who violates a law/regulation can face serious professional consequences, including license revocation and even incarceration.
If you are a pharmacist who has been accused of a criminal violation or who is facing disciplinary action, you should consult with an experienced Orlando pharmacist license defense attorney immediately. Jonathan Rose understands what is at stake, and he is committed to aggressively defending you, your license, and your reputation.
Pharmacist Laws and Regulations
Within the healthcare field, the role of a pharmacist is both unique and vital to the well-being and care of patients. The physicians who write prescriptions and the patients for whom the medication is prescribed both rely on the education, knowledge, and meticulous nature of pharmacists to ensure that patients are helped, not harmed, by medication.
Although the Florida Board of Pharmacy is responsible for licensing pharmacists, complaints made against a pharmacist are investigated by the Florida Department of Health. Violations of state or federal laws applicable to dispensing prescription medications, including controlled substances, may also be investigated by the Medicaid Fraud Control Unit (MFCU) and/or the Drug Enforcement Administration (DEA). In short, pharmacists are under a considerable amount of scrutiny by various administrative and law enforcement agencies.
Violating a state or federal law can subject a pharmacist to criminal charges relating to fraud, illegally dispensing medication, and various controlled substance offenses. If convicted, a pharmacist could face a lengthy term of imprisonment and/or a hefty monetary fine in addition to any disciplinary action regarding his/her license.
Pharmacist Disciplinary Action
Like other healthcare professionals, pharmacists are held to a high standard of conduct when dispensing medications. When a complaint is filed against a pharmacist alleging negligence or misconduct, the Florida Department of Health is charged with reviewing that complaint. If that review indicates that a violation may have occurred, the complaint is referred to the Prosecution Services Unit for a determination of probable cause. If probable cause is found, the case is referred to the Florida Board of Pharmacy for disciplinary action.
Florida Statute 465.016 enumerates the numerous grounds on which disciplinary action may be taken against a licensed pharmacist, including things such as:
- Being unsafe to practice pharmacy because of alcohol/drug addiction or mental illness.
- Conviction of a criminal offense directly relating to the ability to practice pharmacy.
- Compounding, dispensing, or distributing a legend drug, including any controlled substance, other than in the course of the professional practice of pharmacy.
- Intentionally or negligently failing to file a report or record required by federal or state law.
- Dispensing medication when the pharmacist knows or has reason to believe that the purported prescription is not based upon a valid practitioner-patient relationship.
- Committing an error or omission during the performance of a specific function of prescription drug processing.
Rule 64B16-30.001 of the Florida Administrative Code sets forth the various disciplinary actions that may be taken against a pharmacist when a violation is found to have occurred. Even a relatively minor first offense may result in a significant fine and/or being placed on probation. More serious and/or repeat offenses can lead to suspension or revocation of a pharmacist’s license.
How to Protect Your Pharmacist License
If you are a licensed pharmacist, and you have reason to believe you are under investigation by a state or federal law enforcement agency, or you were notified that a complaint has been referred for potential disciplinary action, there are several steps you should take to protect your pharmacist license, including:
- Do not provide a statement. Whether to the police or to the licensing authority, do not provide a written or verbal statement relating to the investigation or accusations. You are not required to say anything and doing so is more likely to hurt you than help you. Wait until you have consulted with an attorney to respond.
- Do not voluntarily relinquish your license or agree to an informal hearing. Both are akin to admitting guilt and will not only leave a huge negative mark on your professional record but may also subject you to additional criminal penalties and/or discipline.
- Consult with an attorney immediately. Criminal or civil accusations alone can severely damage your professional reputation. Addressing those accusations immediately is crucial, as is developing a winning defense strategy should those accusations turn into criminal charges or formal disciplinary action. Consulting with an experienced Orlando pharmacist license defense attorney immediately should be your first step when facing criminal or civil accusations.
Contact an Experienced Orlando Pharmacist License Attorney
As a licensed pharmacist, you worked hard to get where you are in your profession. When your license, your reputation, and your future are threatened, you need an experienced Orlando pharmacist defense attorney on your side to preserve and protect your future. If you are under investigation by law enforcement or the licensing board, do not hesitate to contact experienced Orlando pharmacist license lawyer Jonathan Rose today by calling 407-894-4555 or filling out our online contact form.