No pharmacist enjoys receiving notice of Board of Pharmacy complaints. If you are contacted, then you should consider quickly hiring a professional license defense attorney with Remington & Dixon, PLLC. Our firm can defend pharmacists and pharmacies during the investigation and any public hearing. Your ability to earn a living is on the line, so hire a North Carolina professional license defense lawyer with ample experience in this field. Contact us to learn more about how we can deal with Board of Pharmacy complaints.
What to Expect with North Carolina Board of Pharmacy Investigations
A Board investigation is launched when a complaint is made about an individual pharmacist or pharmacy. The Board will investigate and, based on findings, may take action. The Board has the power to issue a letter of reprimand or suspend, or revoke a license.
Responding to an Inquiry from the Board
Typically, the Board receives a complaint and possibly supporting documentation. The complainant could be an employee at the pharmacy, another pharmacist, or a disgruntled patient. The Board might also obtain information publicly, such as from media stories, which prompt it to open an inquiry.
Typically, anyone under investigation receives an initial letter requesting a response or a visit from an investigator with the Pharmacy Board. You might even receive a visit from an SBI agent.
We recommend hiring a Pharmacist license defense lawyer to draft a response to the allegations. You must respond fully to the allegations but also avoid disclosing unnecessary information. Treat every complaint seriously, even if you think it is frivolous. Once you land on the Board’s radar, they might start combing through your records to find mistakes.
Informal Hearing
The Board can close a case after an investigation, especially if they do not find sufficient evidence to support the complaint. No further action is necessary. This is often the ideal resolution.
More likely, the Board will schedule an informal conference to discuss the allegations. The Board will present evidence in its possession, and the licensee can then present their own evidence. This informal hearing is held outside of public view and is a chance to resolve the dispute without a public hearing.
In extreme cases, the Board might summarily suspend the pharmacist’s license. This typically happens for a felony conviction related to the profession or a cause for concern to the public if a pharmacist is allowed to continue in their duties. It is an extreme step, and the licensee cannot practice until the Board completes its investigation.
An informal hearing can have one of the following outcomes:
- Recommendation to dismiss with no action. Essentially, the Board agrees that the complaint is not supported.
- Recommendation to resolve by consent. A licensee can agree to consent to a settlement. Typically, the consent agreement includes a reprimand and possibly other requirements. A settlement is usually preferable to a public contested hearing.
- Schedule of a formal contested hearing. This formal hearing will be held before the Board or a panel of the Board, in most cases.
Preparing for the Formal Public Hearing
If you have not yet hired a lawyer, then do so now. When a complaint proceeds to the hearing stage, your license is in jeopardy. No one should try to represent themselves.
At the hearing, each side will present witnesses and introduce exhibits to make its case. Each side may also cross-examine witnesses and will make a closing argument.
The Board will issue a decision within 60 days of its next meeting. The Board can take certain actions, including:
- Restrict, suspend, or revoke your license
- Refuse to renew a license
- Fine the pharmacist
- Issue a public reprimand
- Order continuing education courses
- Take no action
Your professional license defense attorney needs as much time as possible to build your defense. We want to fully analyze all the evidence to find other evidence to use in your defense.
Why You Need a Board of Pharmacy Investigation Attorney
We recommend hiring someone as soon as you find out about the inquiry. It is critical to tell a consistent story to the Board and not disclose unnecessary information.
The Board can restrict, suspend, and revoke a license. They may also refuse to grant or renew a license. In other words, you can lose your ability to practice your profession based on one complaint to the Board. It is important to be responsive and prompt when dealing with any allegations, even if you think they are without any validity.
Furthermore, any formal public hearing is serious. The Board believes there is sufficient evidence not to dismiss the complaint at the informal hearing stage. The odds of losing the hearing are high. What’s more, your reputation is now in tatters because the complaint is now public.
Hire an attorney who has appeared before the Pharmacy Board. This is a unique type of hearing and not the same as a civil or criminal trial.
Contact Our North Carolina Professional License Defense Attorney
When your right to practice your profession is on the line, you need an experienced law firm in your corner. Remington & Dixon, PLLC has handled all types of Board of Pharmacy complaints against clients. Call 704-247-7110 to schedule a free consultation with our office.
