The job of the Texas Pharmacy Board is to protect and promote the welfare of the people of Texas. They do this by ensuring each person who is a pharmacy professional and holds a license as a pharmacist or other pharmacy professional in the State of Texas is competent to practice safely. This means the Texas Pharmacy Board has the authority to discipline the license of any doctor or other health professional. Chelle Law’s Texas Pharmacy Board Attorneys have represented over 1000 health care professionals before licensing boards and have the experience needed to help pharmacists with Texas Pharmacy Board matters. We can assist all health professionals with Texas Pharmacy Board issues, including:
- Pharmacy Technician
- Pharmacy Technician Trainee
Texas Pharmacist Complaint
Who can file a complaint against a pharmacist? Patients, Health Care Facilities, other professionals, among others. When the Texas Pharmacy Board receives a complaint, the Board will initiate an investigation into the complaint (if the Board has jurisdiction and the Complaint isn’t dismissed). After this happens, the pharmacist will receive notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial for pharmacists as they must submit a response, interview with the investigator while also possibly appearing at a Texas Pharmacy Board.
Pharmacist Application Denial Assistance
Applicants to the Texas Pharmacy Board who have a criminal history or previous discipline by the Texas Pharmacy Board (or any other Board) may be subject to denial of their application for licensure. Thus, those with a criminal or disciplinary history from other licensing boards will be investigated by the Board.
Reporting a Criminal Charge to the Texas Pharmacy Board
Psychologists are required to report not only convictions and deferred adjudications, but also arrests on their bi-annual license renewal. However, other crimes may need to be reported immediately. Per Texas Administrative Code Rule 469.11 psychologists and others regulated by the Board are required to report legal actions as follows:
- Any conviction, sentence, dispositive agreement, or order placing the licensee on community supervision or pretrial diversion, must be reported in writing to the Board within thirty days of the underlying event. A report must include the case number, court, and county where the matter is filed, together with a description of the matter being reported. A licensee shall provide copies of court documents upon request from agency staff.
- A complaint shall be opened if a reported criminal action constitutes grounds for disciplinary action as set forth in the Act at §501.401.
Professional Recovery Network
In lieu of disciplinary action the Texas Pharmacy Board may allow pharmacy professionals with a potential impairment due to substance use or mental illness applicants and licensees to enter into the Professional Recovery Network. The PRN handles the post-treatment monitoring, education and intervention of those who suffer from substance abuse or dependence, medical, psychiatric, psychological or behavioral health disorders that affect their ability to safely practice.
Pharmacy Board Administrative Appeal and Hearing
Any licensee may request an appeal of an Texas Pharmacy Board disciplinary action to an administrative law judge with the Texas Office of Administrative Hearings (OAH). In some instances, a case is sent automatically to hearing. The administrative hearing is conducted by OAH before an Administrative Law Judge (ALJ). The hearing is not as formal as a trial, but is similar. Each party presents evidence using documents or sworn testimony. Each party also gives an opening and closing argument which should explain why the judge should rule one way or the other. A pharmacist’s attorney can cross examine witnesses and testify on his or her behalf. After the hearing, the ALJ reviews the transcripts, evidence and makes a recommendation. However, the Board makes the decision to either accept, reject or modify the ALJ’s decision. If n individuals feels there has been a mistake they can request a rehearing.
Texas Pharmacist Disciplinary Actions
Texas Pharmacy Board disciplinary actions are given to pharmacists with a license or certification in Texas. If the Board determines formal disciplinary action is necessary it will happen after the completion of an investigation. It’s the job of the Board to review any complaint alleging a violation of the Texas laws and regulations. Thus, at a Board Meeting the Board will vote to determine the outcome of each investigation. The Board can vote on a non-disciplinary outcome or vote to offer the pharmacist formal discipline. Disciplinary actions can include:
- Voluntary Surrender
Pharmacy Attorney Assistance
If you’re interested in setting up a consultation with our Texas Pharmacy Board Attorney at Chelle Law or learning more about any of the services we provide to Texas pharmacists we invite you to reach out to us today.