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>>
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.
Very Compassionate and Professional
I am a registered nurse, and I had a unique situation with BON. I was seeking legal counseling. At that point in time, I was very stressed out and vulnerable, in addition to feeling I may lose my nursing license and my life would be over. After speaking with Phan, Phan gave me the reassurance I needed to make it through the next 2-3 years and that I would not lose my nursing license. Phan is very compassionate and professional.
I felt Phan was on my side and understood how much a nurse’s license means to a nurse, and he would fight for my license as if it were his. Phan’s knowledge and experience just in the area of nursing and BON is extraordinary and over the top. I was able to tell Phan knew what was needed in regard to dealing with BON and what was expected of me.
The letters sent to the BON were laid out very professional, detailed, and hit the points needed. I would not have been able to communicate with the BON like Phan did. Phan’s communication with me was excellent; he was always straightforward with me on everything that was happening, for example, any communication with BON and anything that was needed from me. Phan kept me updated on everything and continuously communicated with me throughout his service with me. Phan always followed up, and his response times for anything were very quick. Phan was always available for me. Phan always iterated he was there for me, on my side, and would fight for me, and I felt he did.
I was kept informed and updated on anything and everything. I never doubted anything Phan did for me. I am very appreciative of what Phan did for me. I was lucky to have Phan represent me. I wish no other nurses would have to go through a situation like mine or have to deal with BON, but if any nurse did, I would highly recommend Phan/The Phan Law Firm. Phan deserves more the five stars and did more than 110% for me. The hard/excellent work Phan did for me has put me in a better place, I have a low level of stress, and my name is just another name to BON.
Mr. Phan calmly and professionally guided me through every step of a very stressful situation. He is extremely knowledgeable and attentive, and I was completely exonerated thanks to Mr. Phan’s assistance. I highly recommend his services if you are in need.
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.
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!
The Right People to Handle my Case
When your career and license are on the line, hire the right Attorney. Mr. Phan and his team are well-versed in Professional License Defense and will guide you judiciously (and keep you informed) through your legal issues every step of the way. I hired him to handle a legal issue with the Texas State Board of Nursing; I am glad I came to the right people to handle my case. I am extremely grateful and appreciate all the hard work; it’s been quite a journey, and I am grateful for the final outcome. Thanks to you and your team, a big weight has been lifted off my shoulders.
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.
The Do It All Twins
Phong is a great and fantastic attorney. He is a good listener, very detailed, keeps to appointments, and a fighter with a compassionate heart. His wealth of knowledge and experience helped me navigate through this nerve-wracking period. Every step of the way, Phong explained to me the details of the case, what questions to expect, and what the board inferred from my case, made me aware of the facts in my case and how to answer questions, and he prepared me well for court. He was able to settle my case through mediation and achieved a dismissal.
His thorough, aggressive wealth of knowledge and education cannot be underestimated. Words cannot express the heartfelt gratitude I owe him for successfully bringing my case to a dismissal. I highly recommend him.
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.
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!