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
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
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 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.
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
- License restrictions
- 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.
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.
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.
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.