Responsible 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.