Criminal Charges for Licensed Pharmacists
The State Board of Pharmacy and related regulatory authorities take criminal charges and misconduct involving pharmacists very seriously in Pennsylvania. Even without a criminal conviction, accusations such as driving under the influence (DUI), drug diversion, prescription fraud, or substance abuse can result in severe professional consequences.
Pharmacists may face license suspension or revocation, fines, mandatory participation in monitoring or rehabilitation programs, and lasting damage to their professional reputation. Understanding and addressing these charges promptly with the help of an experienced pharmacy license defense attorney is critical to safeguarding your career.
Call Fienman Defense at (215) 987-4302 for a free consultation about safeguarding your pharmacy career.
Offenses That Lead to Pharmacy Board Discipline
Pharmacists may face disciplinary action for a variety of reasons. Charges that put your license at risk include:
- DUI or Substance Abuse Issues – A DUI conviction or allegations of drug or alcohol abuse can lead to mandatory reporting and disciplinary action. The Board may require participation in treatment programs or suspend your license pending rehabilitation.
- Drug Diversion or Prescription Fraud – Allegations of improperly distributing, prescribing, or diverting controlled substances are taken seriously. Federal or state drug law violations can result in criminal prosecution for fraud and administrative penalties.
- Theft or Misappropriation of Medications—The Board of Pharmacy often takes disciplinary action against those accused of stealing medications for personal use or distribution.
- Negligence or Professional Misconduct—Serious penalties can result from failing to properly fill prescriptions, maintaining inadequate records, or making errors that endanger patients.
- Billing Fraud or Insurance Violations – Submitting false claims to insurance companies or engaging in fraudulent billing practices can trigger investigations and disciplinary actions.
These offenses are among the most common reasons pharmacists and pharmacy techs face license suspension, revocation, and other disciplinary measures. If you’re under investigation for violating state pharmacy codes or criminal laws, it’s imperative to consult with a defense attorney experienced in pharmacy board disciplinary proceedings to protect your rights and career.
Penalties & Discipline for Pharmacists
Facing disciplinary action from the Pennsylvania State Board of Pharmacy can have profound and lasting effects. Understanding these potential consequences is crucial:
- License Suspension or Revocation – Severe offenses, such as drug diversion or DUI convictions, may result in temporary suspension or permanent revocation of your pharmacy license.
- Fines & Financial Penalties – Monetary fines are common and vary depending on the nature of the offense. They are designed to deter future misconduct.
- Mandatory Treatment Programs – In substance abuse cases, the Board may require you to participate in monitoring or rehabilitation programs, such as the SARPH (Secundum Artem Reaching Pharmacists with Help) program.
- Probation or Practice Restrictions – Your license may be subject to restrictions, including limited practice settings, increased supervision, or additional training requirements.
- Public Disciplinary Records – Disciplinary actions may be recorded in public databases, potentially affecting your reputation and future employment opportunities.
Navigating the disciplinary process requires thoroughly understanding the Board’s procedures and potential repercussions. Engaging with an experienced Pennsylvania pharmacist defense attorney can provide essential guidance throughout this challenging period.
Call Fienman Defense at (215) 987-4302 for a free and confidential discussion about your case.
The Pharmacy Board Disciplinary Process
When a complaint is filed against a pharmacist, the Pennsylvania State Board of Pharmacy initiates a disciplinary process that can have significant consequences. Here’s an overview of the key stages and how an experienced pharmacy license defense attorney can help:
- Investigation – The Board investigates the complaint, gathering evidence, interviewing witnesses, and reviewing relevant records. This step determines whether formal charges should be filed.
- Order to Show Cause – If the Board believes disciplinary action is justified, it will issue an Order to Show Cause, which details the allegations and begins the formal proceedings.
- Negotiation & Consent Decree – Before the case proceeds to a hearing, your attorney may negotiate with the Board to resolve the matter through a consent decree or other agreement. A consent decree involves accepting partial responsibility in exchange for reduced penalties, which could help avoid license suspension or revocation.
- Administrative Hearing – If no settlement is reached, the case proceeds to an administrative hearing. Both sides present evidence and testimony. Your attorney will challenge the prosecution’s case, introduce supporting evidence, and advocate for a favorable outcome.
- Decision and Order -After the hearing, the Board will issue a decision outlining any penalties, including license suspension, revocation, fines, or mandatory rehabilitation or training.
- Appeals or License Reinstatement -If the Board’s decision is unfavorable, your attorney can help you file an appeal or petition for license reinstatement, depending on the circumstances.
Throughout each stage, legal representation is essential to effectively present your case, explore negotiated outcomes, and minimize the impact
Advocacy & Success Defending Pharmacists in Phila
Attorney Michael H. Fienman brings extensive experience in criminal defense and administrative law, offering a comprehensive strategy to protect your pharmacy license and preserve your career.
Legal Representation for Pharmacists
- Legal Guidance & Strategic Advice – Pharmacy board disciplinary procedures involve numerous administrative rules and legal complexities. We guide you through each step, ensuring compliance and helping you avoid costly mistakes that could jeopardize your license.
- Robust Defense Against Criminal Allegations – Criminal charges, such as a DUI or fraud, can threaten your license and professional standing. We develop evidence-based defense strategies to challenge allegations and protect your rights throughout criminal and administrative proceedings.
- Personalized Approach to Each Case – Every case is unique, and so is our approach. We tailor our defense strategy to your specific circumstances, addressing the allegations against you while considering the professional implications of the outcome.
- Proactive Mitigation & Negotiation of Settlements – We proactively resolve issues before they escalate. When appropriate, we negotiate favorable settlements, such as consent decrees, to reduce penalties or help you retain your license.
- Representation at Administrative Hearings – Our team will represent you at hearings before the Pennsylvania State Board of Pharmacy, challenging the evidence against you and advocating for the best possible outcome.
- Appeals and License Reinstatement – If your pharmacy license is suspended or revoked, we assist with the appeals process and navigate the requirements for reinstatement, ensuring you meet all conditions necessary to return to practice.
With a deep understanding of the complexities surrounding pharmacy license defense, Fienman Defense is committed to safeguarding your professional reputation and securing your future.
Further Reading for Pharmacists Charged With Crimes
Pharmacy License Defense: FAQs
What Should I Do if I’m Under Investigation by the State Board of Pharmacy?
If you receive a notice of investigation, acting immediately but carefully is essential. Do not respond directly to the Board or investigators without speaking to a pharmacy license defense attorney. Anything you say, even if it seems innocent or cooperative, could be used to build a case against you. An attorney can help you assess the nature of the investigation, gather any necessary documentation, and prepare a strategic response that protects your rights and minimizes risks.
Can I Continue Working While Under Investigation?
Whether you can continue working as a pharmacist during an investigation depends on the specifics of the allegations and any conditions imposed by the Pennsylvania State Board of Pharmacy. You may sometimes be permitted to work under supervision or with certain restrictions, such as limiting access to controlled substances. Your attorney can communicate with the Board on your behalf and ensure you fully understand any conditions on your license, helping you avoid further penalties for non-compliance.
What If I Don’t Report a DUI or Other Charges?
Failing to self-report a DUI or other criminal charge can result in serious consequences beyond the original offense. Many boards, including the Pennsylvania State Board of Pharmacy, require timely reporting of such incidents. Failure to comply could lead to additional disciplinary actions, such as fines, mandatory participation in monitoring programs, or even automatic suspension of your license. A pharmacy-licensed defense attorney can guide you on how and when to report while protecting you from unnecessary admissions of fault.
What is a Consent Decree, & Can It Help Me?
A consent decree is a negotiated settlement between you and the State Board of Pharmacy. By agreeing to the decree, you may admit to certain violations or infractions while negotiating for reduced penalties or avoiding the full suspension or revocation of your license. This option can allow you to continue practicing under certain conditions or complete a rehabilitation program instead of facing severe disciplinary actions.
How Does SARPH Work for Pharmacists with Substance Abuse Issues?
Secundum Artem Reaching Pharmacists with Help (SARPH) is a nonprofit organization that monitors and supports pharmacists dealing with alcohol or substance abuse. Pharmacists who participate in SARPH may undergo regular drug testing, counseling, and educational programs to demonstrate their commitment to recovery. In many cases, successful participation in SARPH can help pharmacists meet the requirements set by the Board and improve their chances of license reinstatement. Mr. Fienman is an attorney familiar with SARPH who can coordinate with the program to integrate it into your defense strategy, showing the Board your proactive efforts to address any concerns.
Can I Appeal a Pharmacy License Suspension or Revocation?
Pharmacists in Pennsylvania have the right to appeal a license suspension or revocation through the appropriate administrative and legal channels. Mr. Fienman is an experienced pharmacy-licensed defense attorney who can analyze the original decision, identify procedural errors or weak points in the Board’s case, and present a compelling argument for reinstatement or reduced penalties. Engaging an attorney increases your chances of obtaining a favorable outcome during the appeal.
Contact an Experienced Pharmacy License Defense Lawyer
Acting quickly is essential if you’re facing charges or allegations that could put your pharmacy license at risk. At Fienman Defense, we understand the years of hard work and dedication it takes to earn your pharmacy license. Whether you’re dealing with criminal charges, administrative violations, or substance-related issues, we will vigorously defend your license, reputation, and future.
Don’t let disciplinary actions jeopardize your career. Contact us today at (215) 987-4302 for a confidential case review and experienced legal guidance tailored to your situation.