The Texas State Board of Pharmacy (TSBP) regulates licensed pharmacists in the state. Obtaining experienced legal counsel to represent your interests in disciplinary proceedings before the TSBP can be a substantial step in reaching a positive outcome in your case. Therefore, if you are facing disciplinary investigations, complaints, or formal proceedings, you should consult a pharmacist license defense attorney for help. Here are some Frequently Asked Questions (FAQ) about disciplinary proceedings before the TSBP.
Frequently Asked Questions
- 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 TSBP disciplinary process?
- What are the possible outcomes for a complaint before TSBP?
- 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. The agency investigates and prosecutes alleged misconduct or legal violations by pharmacists.
How does TSBP handle complaints against licensed pharmacists?
TSBP evaluates whether a complaint alleges a violation of the Texas Pharmacy Act or state drug laws. Valid complaints are forwarded to an investigator. Complaints outside TSBP’s jurisdiction, such as customer service or insurance issues, may be dismissed or referred to other agencies.
What happens during a TSBP investigation?
An investigator gathers information from the complainant and other evidence. If violations are identified, TSBP may initiate formal disciplinary proceedings and notify the pharmacist of the allegations.
What is an Informal Settlement Conference?
In an Informal Settlement Conference (ISC), the pharmacist meets with a panel of TSBP staff and two board members. The pharmacist can present evidence that they complied with laws and rules, discuss the incident, and negotiate resolution. Many complaints are resolved at this stage, often with legal counsel assisting the pharmacist.
What is an Agreed Board Order?
If the pharmacist agrees with the panel’s proposed sanction, they can sign a proposed Agreed Board Order (ABO) with TSBP. The full TSBP board reviews the ABO at its next regular meeting and may approve or deny it.
What is a Remedial Plan?
A remedial plan is a non-disciplinary resolution for minor issues or warnings. Completing all TSBP conditions removes all records of the complaint and remedial plan from the pharmacist’s record.
Will I have a hearing during the TSBP disciplinary process?
If the pharmacist and TSBP cannot agree on the sanction or the violation, the case goes to the State Office of Administrative Hearings (SOAH) for a contested hearing. An administrative law judge (ALJ) hears evidence, issues a Proposal for Decision (PFD), and TSBP makes the final decision. The pharmacist may appeal the final decision in state court.
What are the possible outcomes for a complaint before TSBP?
- Dismissal for lack of jurisdiction
- Verbal or written warning
- Disciplinary sanction
What sanctions can I face for violating the rules or laws that govern Texas pharmacists?
Sanctions may include:
- Public reprimand or censure
- License suspension
- License revocation
- Retirement
- Administrative penalties (ranging from $250 to $5,000 per violation, depending on severity)
Administrative penalties can be imposed alone or in conjunction with other sanctions.
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