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Category Archives: Texas Board of Pharmacy

Texas professional license defense attorney, disciplinary action, Texas Board of PharmacyResponsible for the licensing status of pharmacists and pharmacies, the Texas Board of Pharmacy has the power to take disciplinary action against licensees for violations of the Texas Pharmacy Act and the Texas Drug Laws. These actions can include (but are not limited to) license revocation, temporary suspension, or denial or renewal. If you are facing possible disciplinary action from the Board, understand the process, and the rights that are afforded to you, by law.

Understanding the Disciplinary Process

Once a complaint has been filed against a licensed pharmacy or pharmacist, the Board will investigate the matter to determine whether or not a violation has occurred. In cases where there is not enough evidence to support or confirm a violation, the licensee will generally receive a written warning, and the complaint will be closed by the Board. If, however, the investigator determines that there is enough evidence to support a violation, an informal settlement conference will be scheduled.

During the informal settlement conference, the licensee is given a chance to show compliance with the law by submitting any and all evidence to a panel of their peers. The panel then reviews the information and will propose a settlement for the case, which may include dismissal of the matter, formal warning, public reprimand, or the imposition of a sanction (license suspension, revocation, denial, etc.).

If the licensee agrees with the proposed settlement, an Agreed Board Order (ABO) will be presented to the Board Members during their next meeting. At that time, the Board will then determine whether or not to enter the order, as agreed. If they, or the licensee reject the settlement, the matter will then be referred for a public hearing with an Administrative Law Judge. After reviewing all the evidence, the Judge makes a recommendation for disciplinary action to the Board. Board Members will then make a final determination regarding the matter.

Understanding Your Legal Rights

Your right to a fair hearing, and due process right, are protected by law. Therefore, Therefore, it is highly encouraged that you also exercise your right to legal representation. However, do not wait until matters get out of hand. Instead, contact an experienced Texas professional license defense attorney as soon as you receive notification of a complaint. Call 512-228-7946 and schedule your free initial consultation with Oscar San Miguel, Attorney at Law, today.

Source:

http://www.pharmacy.texas.gov/consumer/complaint.asp

remedial plans, Texas Professional License Defense LawyerPharmacists spend a great deal of time and effort getting and maintaining a pharmacy license. Finding out that a complaint has been filed, and facing a disciplinary action by the Texas State Board of Pharmacy, is a process that no licensed pharmacist wants to endure.

However, instead of utilizing a more traditional disciplinary sanction such as a license suspension and revocation, a relatively new method may be used to resolve complaints—the remedial plan.

Remedial actions are allowed under S.B. 404, which was passed by the legislature and became effective in 2013. The law’s provisions were then included in the Texas State Board of Pharmacy rules as Rule 281.68.

The main benefit to the pharmacist of a remedial plan is that if he or she complies with the terms of a remedial plan, all records of the remedial plan are removed from the Board’s records five years after issuance of the plan. But, a fee of up to $1,000 may be assessed against the pharmacist to offset the cost of administering the plan.

Under the law and rules, there is a long list of complaint types that prohibit the Board from using a remedial plan to resolve a complaint. A remedial plan cannot be used when a complaint is based on the following:

  • A person’s death;
  • A person’s hospitalization;
  • A felony;
  • Practicing without a license;
  • Audit shortages;
  • Controlled substance diversion;
  • Substance abuse, or physical or mental illness;
  • Prescription drug dispensation without authority;
  • Grossly immoral behavior;
  • Fraudulent or deceitful behavior or misrepresentation; or
  • Disciplinary action by another state licensing board.

Additionally, a remedial plan may not be used when one of the sanctions imposed against a pharmacist is a restriction on the practice of pharmacy. A pharmacist cannot enter into a second remedial plan within two years of entry into a remedial plan with the Board.

If you have received notice that a complaint against you has been filed with the Texas State Board of Pharmacy, you should have a skilled Texas professional license defense attorney at your side to advise you during all phases of the process. Contact Oscar San Miguel, Attorney at Law, for a consultation today.

pharmacy complaintWhen a complaint is filed against a licensed pharmacist, it can be one of the most stressful and upsetting occurrences in the pharmacist’s career. You should understand the complaint process and how it might impact your license and your very livelihood. You should also know how critical it is to have an experienced attorney at your side throughout the process.

According to the Texas State Board of Pharmacy (TSBP or Board), anyone may file a complaint, which is required to be in writing, with the Board. The TSBP reviews every complaint to ensure that the allegations, if proven to be true, pertain to a person or pharmacy that is licensed by the Board and to see whether the allegations would constitute a violation of the Texas Pharmacy Act or Texas Drug Laws. Complaints regarding billing disputes or customer service issues, such as rudeness, are not within the Board’s jurisdiction, and those complaints are closed without action.

Complaints that are within the TSBP’s jurisdiction are given to an investigator, who may contact the complainant for more information. However, the investigator does not represent the complainant and will never ask for money damages or restitution on behalf of the complainant.

If a disciplinary action is initiated, the TSBP must comply with the Texas Administrative Procedures Act. The licensee (pharmacist or pharmacy) has the right to be represented by an attorney.

The licensee has the opportunity to attend an informal settlement conference. Notice of the conference includes the date, time, and place of the conference, as well as the issues to be discussed. Licensees should be aware that if permitted by the Texas Pharmacy Act and TSBP Rules, the complainant may also be informed of the date, time, and place of the conference, and may attend the conference at his or her own expense. Under the law, certain informal settlement conferences are required to be kept confidential.

At the conference, the licensee may show compliance with the law. A panel of the TBSP, typically composed of Board staff and one Board member, makes a recommendation for settlement of the case. The recommendation may be dismissal of the case, a formal warning, or a disciplinary action. This recommendation is known as a proposed Agreed Board Order, or ABO. If the licensee agrees with the ABO, it is presented to the TBSP at its next regularly scheduled meeting. If accepted by the Board, the order is entered, and if public, it may be obtained by the complainant. If the licensee does not accept the proposed ABO, or if the Board rejects it, there is a public hearing on the case conducted by an Administrative Law Judge (ALJ). After the public hearing, the ALJ prepares a Proposal for Decision (PFD) containing the ALJ’s findings of fact, conclusions of law, and recommended disciplinary action. The PFD is presented to the Board, which will then make a decision.

Possible disciplinary actions include a verbal or written warning, reprimand (public censure), suspension, revocation, or retirement of a license, or imposition of a fine. Once an action has been taken, the licensee may file an appeal in the State courts.

The complaint process can be long and drawn out, and it is difficult to predict how long a particular case will last until it is resolved. The TSBP notifies the complainant when the case is closed, and if it is lengthy, will provide the complainant with status updates every 120 days until a final action is taken.

Since a pharmacist’s license and livelihood can be at stake after a complaint is filed, it is critical that the pharmacist be represented by an Austin professional license attorney as soon as possible. If you have been notified of a complaint against you, do not hesitate to contact Oscar San Miguel, Attorney at Law, as soon as possible.

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Austin, Texas Professional License Defense Attorney Oscar San Miguel represents clients who are located in Austin, Houston, Dallas, San Antonio, El Paso, Fort Worth, Arlington, Amarillo, Lubbock, Brownsville, Laredo, Harlingen, McAllen, Round Rock, Longview, Travis County, Harris County, Dallas County, Tarrant County, Bexar County, Fort Bend County, Montgomery County, Cameron County, Nueces County, El Paso County, Potter County, Lubbock County, Grayson County, Collin County and throughout Texas.
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