- What is the Texas State Board of Pharmacy (TSBP)?
- How does TSBP handle complaints against licensed pharmacists?
- What happens during a TSBP investigation?
- What is an Informal Settlement Conference?
- What is an Agreed Board Order?
- What is a Remedial Plan?
- Will I have a hearing during the TBSP disciplinary process?
- What are the possible outcomes for a complaint before TBSP?
- What sanctions can I face for violating the rules or laws that govern Texas pharmacists?
What is the Texas State Board of Pharmacy (TSBP)?
The TSBP is a state agency that licenses and regulates pharmacists, pharmacy technicians, and pharmacies. This agency also investigates and prosecutes alleged misconduct and legal violations by pharmacists.
How does TSBP handle complaints against licensed pharmacists?
When TSBP reviews a complaint, it evaluates whether the allegations in the complaint constitute a violation of the Texas Pharmacy Act or state drug laws. If the complaint shows one or more of these allegations, the TSBP forwards the complaint to an investigator.
In some cases, complaints involve issues that the TSBP does not handle. For instance, if the complaint concerns customer service or insurance issues, the TSBP will dismiss the complaint without further action. However, the TSBP can also refer complaints to other agencies that handle the subject of those complaints.
What happens during a TSBP investigation?
The investigator will gather more information about the complaint, including talking to the complainant and obtaining relevant documentary evidence. If the investigation shows evidence of a violation, TSBP may initiate formal disciplinary proceedings. TSBP also will notify the licensed pharmacist of the allegations in the complaint.
What is an Informal Settlement Conference?
When TSBP initiates disciplinary action against you based on a complaint, the agency will invite the pharmacist to an informal settlement conference. At that conference, the pharmacist meets with a panel of TSBP staff and two board members to present evidence that they comply with all laws and rules. The pharmacist and the TSBP representatives also will discuss all issues related to the incident that led to the complaint. After the settlement conference, the panel will propose a resolution to the complaint, which may include sanctions. Since many complaints are resolved at this stage, pharmacists should engage legal counsel to assist them at the informal settlement conference.
What is an Agreed Board Order?
After an informal settlement conference, the pharmacist may agree with the recommendation if the TSBP panel recommends a sanction for a violation that it has identified. In that case, the pharmacist and the TSBP both will sign a proposed Agreed Board Order (ABO). The entire TSBP board will consider the proposed ABO at its next regularly scheduled meeting, at which it can either approve or deny the proposed ABO.
What is a Remedial Plan?
A remedial plan is a non-disciplinary means of resolving a complaint that concerns a minor issue or merits only a warning. If the pharmacist completes all conditions that the TSBP outlines in the remedial plan, the TSBP removes all records concerning the original complaint and the remedial plan.
Will I have a hearing during the TBSP disciplinary process?
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Suppose you and the TSBP panel cannot agree on the recommended sanction or do not agree that a violation has occurred. In that case, the complaint moves to the State Office of Administrative Hearings (SOAH) for a contested hearing. SOAH assigns an administrative law judge (ALJ) to the case, who holds an administrative hearing at which both the TSBP and the pharmacist present evidence on their behalf. After hearing all the evidence, the ALJ produces a proposal for decision (PFD) containing their findings of fact, conclusions of law, and recommended disposition of the case.
The TSBP then must consider the ALJ’s PFD. The TSBP is the ultimate decisionmaker; thus, it has the authority to decide whether to impose discipline on the pharmacist. Once TSBP issues a final decision, the pharmacist can file an appeal in state court if dissatisfied.
What are the possible outcomes for a complaint before TBSP?
The TSBP can resolve a disciplinary complaint in the following ways:
- Dismissal for lack of jurisdiction;
- A verbal or written warning; or
- A disciplinary sanction.
What sanctions can I face for violating the rules or laws that govern Texas pharmacists?
Disciplinary sanctions may include any of the following:
- Public reprimand or censure;
- License suspension;
- License revocation;
- Retirement; and/or
- Assessment of administrative penalties.
An administrative penalty can be the sole sanction in a case or in conjunction with another type of penalty. Administrative penalties can range from $250 to $5,000 per violation, depending on the severity of the violation involved.
We Can Advocate for Your Interests in Disciplinary Proceedings Before TSBP
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The pharmacist license defense lawyers of Bertolino LLP can help guide you through the disciplinary complaint process. Regardless of the allegations you face, we are here to represent your interests and work to minimize the negative effects of a complaint on your pharmacist license and career. We can help resolve the case against you and maintain your licensure or certification. Call us today at (512) 980-3751 to reach the offices of Bertolino LLP or contact us online.
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