Texas pharmacies are subject to extensive state and federal laws governing medication dispensing, recordkeeping, staffing, controlled substances, and patient safety. When a pharmacy’s operating license is threatened, you need an experienced Texas pharmacy license defense lawyer by your side.
Bertolino LLP represents pharmacies across Texas, from independent operations to large chains, in matters involving Texas State Board of Pharmacy complaints and investigations.
We offer free consultations so pharmacy owners and operators can understand the risks they face and how a Texas medical license defense lawyer can help.
One Complaint or Inspection Can Jeopardize Your Texas Pharmacy License
Pharmacies in Texas operate under some of the most comprehensive regulatory frameworks in the healthcare industry. The Texas State Board of Pharmacy (TSBP) enforces strict rules related to how pharmacies operate. Pharmacies are also subject to federal laws enforced by agencies such as the DEA, CMS, and FDA.
A complaint against a pharmacy can arise from many sources, including patients, physicians, competitors, insurance companies, pharmacy benefit managers, employees, or regulatory inspectors. In many cases, pharmacies face enforcement action not because of intentional wrongdoing but because of administrative oversights, documentation gaps, or system failures.
Issues that appear minor during day-to-day operations can still trigger a formal Board investigation.
If a matter is not handled carefully from the beginning, it may escalate into disciplinary proceedings that threaten the pharmacy’s permit, financial stability, and ongoing operations. Early involvement by a Texas pharmacy license defense lawyer can help limit exposure and protect your business.
Representing Pharmacies Across Texas From Our Austin Office
Bertolino LLP is headquartered in Austin, but we represent pharmacies throughout Texas. Our clients include independent community pharmacies, large retail chains, compounding pharmacies, mail-order and specialty pharmacies, hospital pharmacies, long-term care facilities, and pharmacy wholesalers.
We routinely represent pharmacies in matters before the TSBP and understand how the Board conducts inspections, evaluates complaints, and determines enforcement priorities. A pharmacy investigation often creates business, financial, and operational consequences beyond the regulatory process itself.
Our goal is to protect your pharmacy’s license, minimize business disruption, and position your operation for long-term compliance and success.
Common Allegations Raised Against Texas Pharmacies
Complaints and enforcement actions against pharmacies often focus on operational systems rather than the conduct of a single individual. Allegations may arise from audits, inspections, or third-party reports.
Common issues cited by the Texas State Board of Pharmacy include:
- Dispensing and labeling violations: Errors involving incorrect medication, dosage, directions, or patient labeling.
- Controlled substance compliance issues: Inventory discrepancies, improper storage, failure to maintain perpetual inventories, or inadequate security measures.
- Recordkeeping deficiencies: Missing, incomplete, or inaccurate prescription records, transfer logs, compounding records, or policy manuals.
- Staffing and supervision violations: Failure to maintain required pharmacist-to-technician ratios or inadequate supervision of pharmacy personnel.
- Failure to follow operational policies: Lack of required policies and procedures or failure to follow established protocols.
- Improper compounding practices: Noncompliance with sterile or non-sterile compounding standards, including USP requirements.
- Audit and billing concerns: Allegations of improper billing, overbilling, or failure to maintain documentation supporting insurance claims.
- Failure to report incidents: Not timely reporting theft, loss, or significant dispensing errors as required by law.
- Facility compliance issues: Problems related to pharmacy layout, security systems, temperature controls, or cleanliness.
- Permit or ownership violations: Failure to report ownership changes, managing pharmacist changes, or permit renewals.
Ignoring these issues or responding without legal guidance can significantly increase the risk of disciplinary action. A Texas pharmacy license defense attorney can help ensure that communications with the Board are accurate, strategic, and protective of the pharmacy’s interests.
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What Happens After a Complaint or Inspection by the Texas State Board of Pharmacy
The TSBP initiates an investigation after receiving a complaint or identifying issues during an inspection. While the specifics vary by case, the process often includes:
- Issuance of an inspection report or complaint notice
- Requests for written explanations or corrective action plans
- Review of pharmacy records, inventories, policies, and procedures
- Interviews with pharmacy staff, management, or owners
- Analysis of compliance with state and federal regulations
- Review of prior inspection history or enforcement actions
If the Board determines that violations may have occurred, it may issue a notice of alleged violations and propose disciplinary action against the pharmacy’s permit. This can lead to informal settlement conferences, agreed orders, or a contested case proceeding.
Our firm regularly assists pharmacies at every stage of this process. We help clients prepare responses, identify mitigating factors, correct compliance issues, and advocate for fair and proportional outcomes.
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Potential Disciplinary Actions Against Texas Pharmacies
If the TSBP concludes that a pharmacy violated applicable laws or rules, it has broad authority to impose discipline. Possible sanctions against a pharmacy include:
- Administrative fines and penalties
- Formal warnings or reprimands
- Mandatory corrective action plans
- Increased inspection frequency
- Probationary permit status
- Restrictions on pharmacy operations
- Temporary suspension of the pharmacy permit
- Revocation of the pharmacy permit
- Referral to other regulatory or law enforcement agencies
The severity of the discipline depends on the nature of the violations, the pharmacy’s compliance history, and the perceived risk to public health and safety. How the pharmacy responds during the investigation often plays a major role in determining the final outcome.
Defending Your Pharmacy Through Administrative Proceedings
Texas law provides pharmacies with due process rights before disciplinary action becomes final. If a pharmacy disputes the Board’s allegations or proposed sanctions, it may request a hearing before the State Office of Administrative Hearings (SOAH).
SOAH proceedings are formal legal hearings governed by rules of evidence and procedure. The Texas State Board of Pharmacy will be represented by its attorneys, and the outcome can determine whether the pharmacy is allowed to continue operating.
Our Texas pharmacy license defense attorneys can assist pharmacies by:
- Evaluating the strength of the Board’s allegations
- Developing a comprehensive defense strategy
- Preparing written submissions, exhibits, and witness testimony
- Representing the pharmacy during settlement negotiations
- Advocating aggressively at SOAH hearings
- Appealing adverse decisions when appropriate
Having experienced legal representation during this process can significantly reduce risk and help protect the pharmacy’s future.
Reasons to Hire Bertolino LLP
Our firm focuses exclusively on defending licensed professionals and regulated businesses throughout Texas. We bring extensive experience in administrative law and a deep understanding of the regulatory environment governing pharmacy operations.
When you work with Bertolino LLP, our focus is on:
- Protecting your pharmacy’s license and operational authority.
- Managing communications with the TSBP.
- Identifying compliance risks and mitigation strategies.
- Building strong, evidence-based defenses.
- Guiding you through every phase of the enforcement process.
- Fighting for the best possible outcome for your business.
Whether your pharmacy is dealing with inspection findings, audit results, billing allegations, or operational compliance concerns, we know how to help you move forward strategically and confidently.
Reach Out to a Texas Pharmacy License Defense Lawyer Today
Your pharmacy represents a significant investment of time, money, and professional effort. Don’t let an investigation or enforcement action undermine the business you have built.
If your pharmacy is under investigation or is facing disciplinary action by the Texas State Board of Pharmacy, Bertolino LLP is prepared to help.
With over 20 years of experience defending licensed professionals and regulated entities across Texas, we understand what is at stake and how to respond effectively.
Contact us today by phone or through our secure online form to schedule your free consultation.
Call or text (512) 476-5757 or complete a Case Evaluation form
