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Experienced Pharmacist License Defense In Nevada
Medical licensed professionals in all fields are consistently under pressure to perform their responsibilities in a highly thorough, careful manner. No matter if you are a doctor, pharmacist, or nursing professional, you will be held to a high standard. From the very beginning of your career, it’s made clear that any unethical behavior inside or outside of the workplace may subject you to the loss of your pharmacy license. If you are faced with an allegation of wrongdoing, whether it involves a DUI, criminal charge, or another allegation that puts your license at risk, it is critical that you have representation from a knowledgeable and experienced Las Vegas pharmacy license defense attorney.
At the Spartacus Law Firm, we sympathize with the stress and uncertainty that comes when your professional license hangs in the balance. Luckily, through skilled representation, we can negotiate with the Nevada State Board of Pharmacy and advocate on your behalf to mitigate and, if possible, eliminate the possibility of license suspension or revocation of your license.
Understanding The Nevada State Board Of Pharmacy
The Nevada State Board of Pharmacy is a state agency of Nevada with its principal office located in Reno (disciplinary hearings are held in a field office in Las Vegas for Las Vegas Pharmacists). The Nevada State Board of Pharmacy regulates the practice of pharmacy in the State of Nevada. The Board of Pharmacy lists its mission as having a duty to carry out and enforce the provisions of Nevada law to protect the health, safety and welfare of the public. For more information, visit our Nevada Board of Pharmacy article.
Keeping Your Reputation Intact
The Spartacus Law Firm can help you keep your license and reputation intact by utilizing a strategic legal approach to protect your license and keep your reputation and livelihood intact. Whether your licensing issue has arisen as a result of a criminal matter, complaint, ethics or standard of care issue, the Spartacus Law Firm can assist you during this difficult time and protect your pharmacist license. Whether you are in Reno or Las Vegas, our Nevada pharmacist defense lawyer is ready to discuss a comprehensive strategy to defend your pharmacist license. Our team at the Spartacus Law Firm can assist you in understanding and resolving any issue or inquiry that may affect your pharmacist license including:
- Negligence or Malpractice
- Unprofessional Conduct or Incompetence Accusations
- Pharmacist Criminal Defense
- Pharmacy Law and Regulation Violations
- Pharmacist Applications or the Reporting of a Criminal Conviction
- DEA audits or DEA Diversion Control Investigations
- Diversion of Controlled Substances
- Diversion of Medication
- Pharmacy Audits and Investigations
- Insurance or Medicare Fraud Investigations
- Federal Matters involving the DEA. FDA, or United States Attorney’s Office
Common Pharmacist Errors That Could Result In A Complaint
While there is no doubt that medical errors can occur, the fact is that when the Board issues a license, they do so to applicants who have proven to have the necessary knowledge, skills, and training to perform well in the field of pharmacy. However, there are always exceptions, and there may be some pharmacists who fail to live up to the standards that the Board expects them to meet. These pharmacists could make errors that could end up harming a patient. Some of these common errors include:
- Record keeping violations
- Aiding an unlicensed individual to practice pharmacy
- Dispensing any drug, device, or diagnostic without a prescription
- Confidentiality violations
- Sexual misconduct
- Providing pharmacy services while under the influence of alcohol or drugs
- Failure to supervise a pharmacy intern or technician
This is not an exhaustive list, and the Board has broad discretion in initiating a disciplinary proceeding for alleged violations that are not explicitly enumerated in the law. A medical license defense attorney can help you understand the alleged violations and formulate a defense strategy to protect your license and reputation.
The Administrative Hearing Process
The Nevada State Board of Pharmacy moves forward with complaints against pharmacists by launching an investigation. Following the investigation, the Board will have to decide if there will be charges filed against you. If your case is escalated to a hearing, then both parties will be able to present their side of the story. Your Nevada pharmacist defense attorney will be able to gather key documents that the opposing party plans to present at the hearing.
Before your case is decided by the Nevada Board of Pharmacy, you and your lawyer may have options to consider. One of these options is to submit to a consent decree. This will require you to take responsibility for some of the allegations that have been brought against you. The benefit of this is that you will likely be allowed to receive some form of relief regarding the level of penalty proposed by the Board of Pharmacy. For example, you may be given a suspension rather than having your license completely revoked.
Possible Actions From The Nevada Board Of Pharmacy
After the review of your case, the Nevada Board of Pharmacy will determine the next steps regarding disciplinary action. Even in cases where there are minimal findings, it’s likely that there will be some action against you. Mitigating these actions must be a top priority, otherwise you could face penalties that hinder or ruin your career. There are many different approaches the Nevada Board of Pharmacy can take in an open case, but some of the more common actions are as follows:
- Tracking your work
- Public rebuke
- Fines
- License restrictions
- Probation
- Suspension
- License revocation
Luckily, the Nevada Board of Pharmacy requires extensive evidence before deciding to fully revoke a pharmacist’s license. But there are plenty of instances where the Board will suspend a license with little support to the claim. Probation is another action from the Nevada Board of Pharmacy that we see quite often in these cases. Probation can take on many forms and each case tends to be different. But one thing is for sure, any form of probation will impact your professional reputation as a pharmacist. It can be difficult to keep your job or find a new job after the Board puts you on probation following an allegation.
What To Do If You Have A Pending Allegation In Nevada
Above all else, you must remember that your professional license is on the line following an allegation against you. It’s highly recommended that you take immediate legal action after you receive notice of the complaint or allegation. If not responded to promptly, you could lose all of your rights to respond to the specified deadlines. It’s also important to understand the following:
- Do not assume the Nevada Board of Pharmacy will swiftly dismiss the complaint against you. They are required to conduct a thorough investigation.
- Do not assume that the Board is on your side. Instead, assume that they do not have your best interest in mind. Any allegation is a serious risk to your career and must be treated that way.
- You will be needed to fully cooperate with the investigation, however you are entitled to legal representation. We strongly recommend that you contact a Nevada pharmacist license defense lawyer before responding. You and your attorney can formulate the best response and make sure your rights are protected.
DUI Convictions as a Pharmacist
One of the most common license questions in pharmaceuticals is, “can I be a pharmacist with a DUI?” Nevada law states that pharmacists must report a DUI charge to the Nevada Board of Pharmacy. Hiding a DUI or failing to identify this charge in a timely manner can result in license denial or revocation. After learning the facts and circumstances of your DUI charge, the Board will determine the appropriate penalties as it relates to your career and license. Depending on the severity of the offense as well as your openness to report the charge, a pharmacist may be directed to seek help and pursue recovery which if completed, will allow them to continue practicing.
If you are a pharmacist facing a DUI conviction or some other allegation of substance abuse, you’ll likely also be burdened with legal penalties such as fines, prison time, or mandatory recovery treatment. These requirements are on top of your license being at risk for suspension or revocation. If you’ve found yourself in a similar position, having an experienced Las Vegas pharmacy license defense attorney by your side in the legal courtroom and administrative hearing settings is critical for retaining your career and your integrity.
Pharmacist License Defense For Substance Abuse
It’s common for cases to involve a pharmacist losing their license due to substance abuse. Examples of this include being arrested for a DUI, diverting medications at work, appearing or being intoxicated at work, and many other instances where substance abuse affects their work. At the Spartacus Law Firm, our mission is to aggressively fight to keep your pharmacist license by deploying an air-tight defense strategy with the best chance of success.
Before you agree to any possible settlement or resolution of your case with the Nevada Board of Pharmacy, it’s recommended that you have a pharmacy board defense lawyer to assist you in the process. Believe it or not, there are many terms and conditions of a possible settlement with the Board that is negotiable. However, without the assistance of an experienced pharmacist attorney, you may not fully understand all of the possibilities and scenarios in your case. We can help you find all possible areas for negotiation with the Pharmacy Board, and tirelessly work to improve them.
Frequently Asked Questions
What Does The Board Of Pharmacy Do?
Each state’s board of pharmacy has the duty of protecting the standards of public health, safety, and welfare. Pharmacists operate under laws that they often forget are regulated by state pharmacy boards. These regulatory agencies exercise control and power over the profession’s day-to-day functions, so understanding the construct of the governing laws and regulations is a must. Boards of pharmacy are typically made up of practicing pharmacists, along with related health care professionals and members of the public.
What Do To If You Face Suspension Of Your Pharmacist License?
Everyone makes mistakes, we’re only human. However, there is a big difference between honest mistakes and gross negligence or misconduct in the pharmaceutical field. As a practicing pharmacist, it is expected for there to be mistakes from time to time. Depending on the severity of the mistake, you may receive a warning, temporary suspension, or permanent suspension of your pharmacist license.
Anyone can file a claim against you including, but not limited to customers, fellow physicians, and employers. Our experience with these types of cases shows that pharmacists attempting to settle these allegations against them on their own do not fare well with the Nevada State Board of Pharmacy. Anything said in these meetings without legal representation are usually used against the defendants. That is why it’s so important to have a Las Vegas pharmacist license defense lawyer by your side to help you defend your right to practice.
Anyone can file a claim against you including, but not limited to customers, fellow physicians, and employers. Our experience with these types of cases shows that pharmacists attempting to settle these allegations against them on their own do not fare well with the Nevada State Board of Pharmacy. Anything said in these meetings without legal representation are usually used against the defendants. That is why it’s so important to have a Las Vegas pharmacist license defense lawyer by your side to help you defend your right to practice.
Why Is The Investigation Stage Of The Complaint Process So Important?
Generally, when an official complaint is filed, the Nevada State Board of Pharmacy will initiate an investigation to assess if there is enough evidence to warrant a formal complaint process. If there is not enough evidence, the complaint will likely be dropped. However, if there is evidence to show that the claim may be true, the Board will file an administrative complaint. You then must request a hearing within 21 days or else the Board is authorized to take final action. Without a skilled pharmacist defense attorney to present your argument, your career may be at risk.
When Do I Need A Pharmacist License Defense Attorney In Nevada?
Whenever you realize there is a claim against you and there will be an upcoming investigation into your work, it is time to hire a skilled Nevada pharmacist license defense lawyer. It’s common for pharmacists to think that they can handle the investigation on their own, and that it’s nothing to worry about. But what they don’t realize is how much time and money this process can take. Not to mention, anything that you say may be used in the case and can make the situation worse.
With the help from a pharmacist license defense lawyer in Las Vegas, you can be at ease knowing that a skilled professional is handling the legal process. Your lawyer will be there to help speak for you and make sure that you don’t say anything that would hurt your chances of a positive outcome. Before releasing information and documents to the Nevada State Board of Pharmacy, your attorney can discuss all of this with you and what the best course of action would be.
With the help from a pharmacist license defense lawyer in Las Vegas, you can be at ease knowing that a skilled professional is handling the legal process. Your lawyer will be there to help speak for you and make sure that you don’t say anything that would hurt your chances of a positive outcome. Before releasing information and documents to the Nevada State Board of Pharmacy, your attorney can discuss all of this with you and what the best course of action would be.
Contact A Nevada Pharmacist License Defense Lawyer Today
At the Spartacus Law Firm, how hard pharmacists work to acquire their license. It requires years of studying, training, and sacrifice to be awarded professional license to practice in the State of Nevada. No pharmacist wants to see their license stripped from them, especially under false pretenses. If a complaint is filed against you, know that there are ways to defend your right to practice. Contact our Las Vegas pharmacist license defense attorney today to discuss your case and begin planning the best possible defense. Your career is part of who you are, don’t let that be taken away from you. Call the Spartacus Law Firm today for a case evaluation and to determine next steps.
Last Modified: August 4, 2024