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Pharmacists

Texas Board Defense for Pharmacists

Pharmacists

Pharmacists play a vital role in society and provide numerous valuable contributions to the healthcare system and the well-being of individuals. They dedicate their careers to serving others, and it can be especially challenging for them when faced with allegations or legal challenges that might impact their capacity to fulfill their professional responsibilities.

As an experienced pharamicist license defense attorney, The Phan Law Firm handles a variety of cases related to pharmacy practice and regulation, including cases that involve pharmacists, pharmacy technicians, and pharmacies with respect to complaints that affect their professional licenses.

To address your specific requirements and consult Phong Phan, Esq., please contact us online or call (512) 524-1620 today.

Understanding the Board Complaint Process

The Board Complaint

Unlike most other licensing agencies that issue a Board notice of complaint letter outlining a complaint without producing the type of evidence at this stage to determine whether a violation(s) occurred and require ongoing investigation by the Board staff, the Board of Pharmacy operates differently in this regard. Specifically, the Board of Pharmacy usually has already done much of its investigation against a pharmacist and/or pharmacy and has accumulated a great deal of evidence prior to issuing the notice of complaint letter to the pharmacist and/or pharmacy. In the firm’s experience, the Board staff generally delays sending out an initial notice of complaint letter until the Board staff is assured that it has sufficient evidence to conclude that a violation has occurred under the Texas Pharmacy Act and/or its rules. When it is assured in this position, the Board staff then sends out the initial board notice of complaint letter. Of course, the Board, depending on what is being alleged, is still positioning itself to gather more evidence, including a statement from the pharmacist or pharmacy, as well as requesting the execution of medical releases for more information.

The Informal Resolution Process – The Informal Settlement Conference

In many complaints that arise against pharmacists and pharmacies, the Board of Pharmacy will generally extend an invitation to the pharmacist or pharmacy licensee and their attorney to attend an informal settlement conference at a location, date, and time that is certain. Although referred to as “informal,” it is anything but informal as this is a serious meeting where the pharmacist is requested to appear before the Board staff and its attorneys. This is a meeting designed to ask questions of the pharmacist or pharmacy in order to determine whether the allegation(s) are substantiated. The informal settlement conference, it should be noted, affords the licensee and their attorney a forum to present their case (i.e., explain facts), argue their position (i.e., defenses), and demonstrate any extenuating circumstances and/or mitigation that might be present. In short, it is an opportunity for the licensee to respond to the allegation(s) alleged by the Board. At the end of the informal settlement conference, cases can be resolved through dismissal if the violation(s) is unsubstantiated. If not, and the Board staff believes that there are substantiated violation(s), it will recommend discipline (the disciplinary mark on a licensee’s license and terms, conditions, and/or restrictions) in a proposed Board order known as an Agreed Order. Because each case is different, the terms will vary and be contingent on various mitigating factors as well as aggravating factors. Read more>> 

Important considerations if a Pharmacist or Pharmacy Licensee is under investigation by the Texas State Board of Pharmacy

During the Board of Pharmacy’s disciplinary complaint process, it is important to realize and recognize that there are attorneys and law firms that are devoted strictly to defending pharmacists and pharmacies. The Phan Law Firm, P.C., is proud to consider itself in this group and one of the leaders in this area, devoting its practice exclusively to defending pharmacists, pharmacies, and other health-related professionals. Generally, the disciplinary process is initiated by a Board of Pharmacy complaint letter to the pharmacist and/or pharmacy, depending on who the alleged licensee is and the subject of the complaint. A pharmacist or pharmacy will usually learn of a complaint either by receiving a Board of Pharmacy complaint letter notifying him or her of an investigation that has been opened against the pharmacist. This complaint letter will generally include a proposed Agreed Order being recommended by the Board Staff. The pharmacist is provided an opportunity to respond to the allegation(s) by written response. Read more>>

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Experience Matters

At the Phan Law Firm, P.C., our attorney, Phong Phan, was the former in-house attorney at the two health-related professional licensing agencies, the Texas State Board of Dental Examiners and the Texas Board of Nursing. Both of these agencies share, in many ways, the same regulatory scheme and complaint and disciplinary process as the Texas Board of Pharmacy. Mr. Phan, during his time as an in-house attorney at these boards, worked closely with the Board’s Director of Enforcement, Executive Director, Board members, and the investigatory staff and advised the staff regarding all types of disciplinary cases and practice violations. He also advised the staff and Board members regarding eligibility issues for applicants seeking to become licensed but had issues (e.g., criminal history) that may have prevented their licensure upon application.

Because of his unique background, Mr. Phan fully understands the disciplinary process at the Board of Pharmacy during all phases, having prosecuted thousands of violations of involving health professionals. Mr. Phan is intimately familiar with the statute authorizing the Board’s authority to discipline pharmacists and pharmacies, including an equal familiarity with the Board’s rules. Mr. Phan, with the expertise earned during his time at these licensing boards, now defends licensees, especially pharmacists and pharmacy owners, in board disciplinary complaints. Mr. Phan does so without compromise and does so to best advance his client’s interests.

As one can see, the process is daunting and each step requires an attorney who can guide a pharmacist and pharmacy through that process and provide sound, careful legal advice at each step so that the pharmacist or pharmacy is in the best position to understand the consequences of each action and make the best decision for him or her depending on his or her unique facts. A pharmacist or pharmacy licensee often feels overwhelmed when faced with a Board complaint, not knowing who to turn. The Phan Law Firm, P.C., understands this. Candidly, the decision to hire an attorney is critical and important, one that is not to be taken lightly. Given the years of education and training by pharmacists, the firm expects that each potential pharmacist client will continue to do his or her due diligence in researching an attorney and finding an attorney and firm that can best obtain the right result for him or her.

One of the key considerations, the firm believes, is whether that attorney has experience with licensing boards such as the Board of Pharmacy and has defended pharmacists and pharmacy licensees before the Board of Nursing. The Phan Law Firm, P.C., is this firm.

Reviews

H. K.

Nurse
Jan 12, 2020

The Best Attorney

Phan Law Firm is the best attorney you can have. My issue was solved by this lawyer in half time, for half the money. I advise everyone to call this firm about your problem.

J.F.

Licensed Professional Counselor (LPC)
Dec 27, 2023

Exceptional Legal Prowess and Knowledge

Phong has represented me in a couple of license defense matters over many years. He became more than a defense attorney, more than a professional service provider, he became a friend because he, without question, delivers his exceptional legal prowess and knowledge with that special quality of humanity, empathy. His guidance and personal interest in my circumstances have been much more than fulfilling a legal contract for services; he has demonstrated such strategic and insightful assistance throughout these two rather protracted cases of mine as to assure my confidence in the process.
It is my honor and privilege to have the opportunity to provide feedback to him because I believe it is important for him to know just how much his kind of professional service means to me as both a client and friend. I’m very confident in recommending his firm’s service to all in need.

D. N.

Nurse
Jan 3, 2019

If there is a way, Mr. Phan will find it!

Mr. Phan is a fighter! He never gives up on a case, and if there is a way, he will find it!

J.W.

Nurse
Dec 26, 2023

Attentive and Patient

Mr. Phong is very attentive and patient. He took his time to understand the situation, and he guided me at every step. His knowledge, expertise, and professionalism are a testament to write about. Thank you, Mr. Phong.

G. T.

Dentist
Nov 12, 2022

Calm, Empathetic and Experienced

I hired Mr. Phan to help me during an extremely stressful time. I was in a situation where I had to deal with the Texas State Board of Dental Examiners (TSBDE), and Mr. Phan and his team guided me through every step of the process. His calm and empathetic demeanor helped relieve most of my anxiety, and his knowledge and experience allowed me to resolve my matter with a favorable outcome. I found him to be an invaluable resource, and I would highly recommend Mr. Phan to anyone looking for excellent representation.

F.C.

Behavioral Analyst
Feb 8, 2024

Complete Dismissal!

Mr. Phan is a very knowledgeable attorney who assisted me in defending my professional licensure against an unfounded claim. Mr. Phan provided me with an ironclad response to the Licensure Board, which resulted in a complete dismissal of the claim. He is the best!

C. R.

Nurse
Nov 14, 2021

Very Attentive to Details

Mr. Phan is a very professional Lawyer and very attentive to details. He will explain to you what he can do and not do from the beginning. Very detailed itemized bills and very helpful assistance from Ms. Sarah. I would recommend Mr. Phan and his law firm to anyone seeking help with the Texas State Board of Nursing. He has very good connections there and knows his way around and who to speak to. With his previous experience working there, it helps him guide you i the right direction needed for your case.

D. S.

Licensed Professional Counselor (LPC)
Dec 2, 2022

Personable and Professional

I worked with the Phan Law firm for a period of four months while Mr. Phan represented me in a legal matter. Mr. Phan was very responsive and responded to my emails within 24 hours. He was both personable and professional and communicated with me regularly to keep me posted regarding the progress he was making. I highly recommend Mr. Phan and his team.

B. A.

Dentist
Dec 15, 2022

Exceptional Attorney

Mr. Phan is an exceptional attorney. He is experienced and knowledgeable, and he knows how to utilize them effectively.

A.B.

Nurse
Dec 12, 2023

Patient, Kind and Knowledgeable

Phong and his team were fantastic. He was kind, patient, and very knowledgeable. He guided me through the process with compassion and expertise. My issue was resolved favorably, and I remain forever grateful for his professional support and guidance.