The Texas State Board of Pharmacy (TSBP) is the state regulatory agency responsible for licensing of Texas pharmacists, pharmacy technicians, and pharmacies. The TSBP’s Enforcement Division is responsible for handling complaints against licensees and imposing disciplinary measures.
As stated in the Board’s Annual Report 2018, the Enforcement Division’s Goal is:
To enforce pharmacy laws and rules through investigations of licensees and registrants of TSBP. To monitor the complaint process and transfer complaints involving substantive allegations to the TSBP Legal Division for review and potential prosecution. To monitor compliance with Disciplinary Orders. To provide enforcement information and information regarding pharmacy laws and rules to agency customers.
In fiscal year 2018, the TSBP received 5,931 complaints total, of which, 5,620 were Jurisdictional. Every complaint is reviewed and evaluated. If it is determined that the Board has jurisdiction and that the allegations, if true, would constitute a violation of the Texas Pharmacy Act or Texas Drug Laws, then the complaint may be referred to a TSPB investigator.
The Enforcement Division reports that all enforcement-related performance measures were met or exceeded in FY 2018:
- Jurisdictional complaints resolved: 6,487
- This is a 10% increase over the number of complaints closed in FY 2017
- Average compliant resolution time: 183 days
- This is an increase over the average complaint resolution time in FY 2017, which was 152 days.
- Number of licensed individuals participating in a peer assistance program: 183
- The recidivism rate for participants in a peer assistance program was 31.3%.
Of the complaints resolved in FY 2018, 8.6% resulted in disciplinary action by the TSPB. The recidivism rate of pharmacists and pharmacies receiving disciplinary action was 4.8%.
Almost all of the disciplinary orders issued in this year require some type of in-house monitoring by Enforcement Division staff. Monitoring includes ensuring administrative penalties are paid, reviewing rehabilitation orders, and managing other documents, such as mandatory audits.
The Texas State Board of Pharmacy is well-staffed, well-funded, and it functions to protect the public – not its licensees. If you are facing a complaint filed against you, or having other licensing issues with the TSBP, we urge you to consult with an experienced Pharmacy license defense attorney immediately.
Hire an Experienced Pharmacy License Defense Attorney
Hiring an attorney to help you mount a strong defense serves to protect your license, reputation, financial interests, and your career; it does not make you look guilty.
The attorneys of BERTOLINO LLP are experienced Pharmacy license defense attorneys and know how to navigate the TSPB’s complaint process. We represent licensed professionals across the entire State of Texas. If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 476-5757.