Understand the Pharmacy Board and the complaint process
According to our Texas medical license defense lawyers, the TSBP has legal jurisdiction for violations of the Texas Pharmacy Act or Texas Drug Laws. Upon receipt of a complaint about a pharmacist or pharmacy, TSBP will verify jurisdiction through a preliminary review process. If jurisdictional authority is confirmed, TSBP will initiate a formal investigation and notify you of the investigation. When you receive a notice of investigation, you have a limited time to submit a response to the allegations.
Following the formal investigation, TSBP may determine the complaint to be invalid or may elect to close the complaint with a verbal or written warning. However, the matter may be scheduled for an informal settlement conference (ISC) before a panel of a TSBP staff and a TSBP Board Member. An ISC provides you opportunity to demonstrate law compliance. After the conference, the panel may recommend further disciplinary action, a proposed Agreed Board Order (ABO). You have the right to accept or reject the ABO, as does the full TSBP Board.
In the event all parties do not to the agree to the ABO, the matter advances to a hearing before an Administrative Law Judge (ALJ) at the State Office of Administrative Hearings (SOAH). The ALJ will hear evidence from each party and issue a proposed resolution to the case. Following the SOAH hearing, TSBP will make a final ruling on the matter, including acceptance, rejection, or modification of the ALJ proposed decision. The final decision of the Board can be appealed to district court in Travis County.
