Remedial Plans under Texas State Board of Pharmacy Rules
Pharmacists 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.