Texas Board of Pharmacy
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The Texas State Board of Pharmacy is the state agency responsible for the licensure and discipline of Texas pharmacists and pharmacies.
The Texas Board of Pharmacy regulates the practice of pharmacy and pharmacies through inspections and investigation of complaints to ensure:
- Proper skill levels of pharmacists;
- Proper quality of professional standards;
- Control of distribution of prescription drugs;
- Prevention of misuse and diversion of prescription drugs.
The TBP regulates more than 24,000 licensed pharmacists and 6,000 pharmacies in Texas
Early Legal Representation
I have successfuly represented prospective pharmacists, pharmacists, pharmacists in Charge and Pharmacies before the Texas State Board of Pharmacy.
Early experienced attorney involvement is key and can make the difference in a successful outcome before the Texas Board of Pharmacists. Early attorney involvement allows timely investigation on behalf of the pharmacist and timely and thorough responses to the Board questions and allegations.
The Board of Pharmacy may reprimand, suspend, revoke, retire, or fine the license of a pharmacist or pharmacy that is found to have violated pharmacy or drug laws. In taking action against a licensee, the agency must comply with the provisions of the Texas Administrative Procedures Act.
During disciplinary proceedings, licensees may be represented by an attorney, and they have an opportunity to show their compliance with the law. Once action has been taken against the licensee by the Agency, the licensee has the right to appeal the action to state courts.
The licensee is given the opportunity to attend an informal settlement conference. The licensee will be told of the date, time, and place of the conference. The licensee will be informed of the issues to be discussed.
The complainant may attend the conference at their own expense if permitted by the Texas Pharmacy Act and Board Rules. Certain informal settlement conferences may be confidential by law. If applicable and permitted by law, the complainant will be notified of the date, time, and place of the conference.
At the informal settlement conference, the licensee is given an opportunity to show compliance with the law. A panel (composed of Board staff and generally one Board Member) proposes a recommendation for settlement of the case, which may include dismissal, a formal warning, or a disciplinary sanction. If the panel recommends the imposition of a sanction, and the licensee agrees with the recommendation, a proposed Agreed Board Order (ABO) is presented to the Board Members at their next regularly scheduled meeting. If the Board Members accept the proposed ABO, the order is entered. The complainant may obtain a copy of the order if the order is a public order.
If the licensee does not accept the proposed ABO, or if the Board Members reject the proposed ABO, the case will proceed to a public hearing conducted by an Administrative Law Judge (ALJ) employed by the State Office of Administrative Hearings. After the hearing is conducted, the ALJ will prepare a Proposal for Decision (PFD) which contains findings of fact, conclusions of law, and recommended disciplinary action. The PFD will be presented to the Board Members who then make a decision in the case. The Board's decision may be appealed in accordance with Texas law.
Written notice is sent when a complaint is closed unless we are inform that there is a preference not to receive written notification.
It is difficult to predict, in advance, the amount of time necessary to handle a specific complaint. If the complaint requires a more lengthy investigation, a notice in writing of the status of the complaint is issued approximately every 120 days until final action is taken, unless the notification would jeopardize an undercover investigation.
I grew up in a middle class working family and as a young adult worked in the hospital setting, so I understand fees for legal representation can be taxing and seem overwhelming to a nurse, pharmacist or even a physician.
With that in mind I make every effort to work with you in a way that helps you continue to take care of your family while receiving top experienced legal defense against the licensing board.