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How does the Board of Pharmacy discipline a pharmacist for unsafe practices?



Each State Board of Pharmacy can investigate complaints it receives from the public regarding the practices of a pharmacy or pharmacist. Most complaints that the state board receives are from dissatisfied consumers or disgruntled co-workers concerning specific pharmacists. If the pharmacist in question is thought to have violated pharmacy or drug laws, that pharmacist will be subject to disciplinary proceedings, which could include an informal settlement conference or a trial at the State Office of Administrative Hearings.

The pharmacist will get to present his or her side and respond to the allegations. During the investigation, the board may decide to dismiss the claim; however, based on the evidence, it may choose to reprimand or fine the pharmacist. Additionally, the pharmacist could have his or her license revoked, restricted, retired or suspended based on the findings. Recently, the Texas State Board of Pharmacy suspended some pharmacy and pharmacist licenses. If a pharmacist gets his or her license temporarily suspended or restricted, he or she is entitled to a full trial within 90 days, or otherwise the suspension will be lifted.

These investigations and hearings can take several months before the board reaches a final decision. If a pharmacy has its license suspended, it will lose its DEA and DPS registrations and may risk being put out of business. However, each complaint will have different findings, and the disciplinary action will vary depending on the severity of the allegations.

If you have a potential case against a pharmacist for a pharmacy error, call Kennedy Hodges, L.L.P.  at 888-526-7616 for a free consultation to discuss your rights.

David W. Hodges
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