Informal Conferences with the Texas State Board of Pharmacy

Most complaints filed with the Texas State Board of Pharmacy will eventually lead to the pharmacist or pharmacy being invited to an informal conference. Despite their name, these conferences are anything but informal. At the conference the pharmacy or pharmacist will be outnumbered by a panel containing multiple Board members, senior Board staff, and at least two Board attorneys. Each of the Board’s representatives will have a chance to ask the licensee questions.

Informal Conferences with the Texas State Board of Pharmacy

These questions can often catch an unrepresented pharmacy owner or pharmacist off guard and a poor answer can impact their case’s outcome. To make matters worse, it is frequently very hard to salvage a case if the informal conference panel recommends a disciplinary order. Any pharmacy or pharmacist who has been invited to an informal conference should seriously consider hiring or at least speaking with an attorney to gain a better understanding of what to expect, the potential risks of a poor performance, and what is at stake regarding your license.

Receiving Notice You Have Been Scheduled for an Informal Conference

The Texas Pharmacy Board typically notifies a pharmacy or pharmacist that they have been scheduled for an informal conference by sending a letter to their workplace. The letter will include the date and time for the conference and state that the Pharmacy Board is instituting disciplinary action. Sometimes the letter will also present other options such as agreeing to a proposed Agreed Order or waiving the informal conference and going to straight to an administrative hearing.

The notice letter will contain a summary of the pharmacist or pharmacy’s alleged violations, printouts of the Board’s statutes and rules, and any evidence or statements the Board believes would support disciplinary action. The letter will be signed by a Board attorney and ask that the licensee or their defense attorney confirm they will be attending the informal conference.

Since the COVID-19 pandemic, the Texas Pharmacy Board has held all their informal conferences by videoconference. The attendees on the Board’s side will include at least two Board members, the Board’s General Counsel, the Board’s Executive Director, and the assigned Board Staff attorney. If they have retained counsel, the licensee is allowed to be represented by their lawyer at the informal conference.

What to Expect at the Informal Conference

The conference begins with the assigned Board attorney summarizing the alleged violations and any supporting evidence. The pharmacist or pharmacy representative and their attorney are then allowed to present any rebuttal materials, or, if the alleged violations can’t be contested, relevant mitigating information. The Board members, the Board’s General Counsel, and the Board’s Executive Director then have an opportunity to ask the licensee and their attorney questions.

Once the informal conference panel finishes asking questions and the licensee and their attorney are done presenting, the panel will move the attendees to a virtual waiting area. The Board members will remain with their General Counsel to discuss the case in private and come to a consensus on what they want to recommend. This can be a dismissal of the case, a disciplinary order, or a non-disciplinary Remedial Plan.

As soon as the Board panel decides on a recommendation, the licensee will be brought back into the meeting. The Board’s General Counsel then verbally relays the panel’s recommendation. If the recommendation is for a dismissal, it will be presented to the full Board at their next meeting for ratification. If the panel recommends an Agreed Board Order or Remedial Plan, the Board’s attorney will put this in writing and send it to their licensee or their attorney following the conference.

Once they receive the written proposal, the pharmacy or pharmacist can accept it as-is, try to negotiate a different result, or reject the proposal outright. If the proposal is rejected or the licensee is unsuccessful at negotiating it, the Board will file a formal complaint and set the case for trial before an administrative law judge at the State Office of Administrative Hearings.

The Importance of Obtaining Legal Consultation and Potentially Hiring an Attorney

It has been the experience of the attorneys at Lype, Dest & Smith that for the bulk of Texas Pharmacy Board complaints, the informal conference will be the most important event of the client’s case. Due to various issues such as the cost and time involved, not many cases go to a formal hearing in front of a judge. This means the informal conference is frequently the best, and possibly only, opportunity to present the pharmacy or pharmacist’s defense and obtain a good result.

The pharmacy law attorneys at our firm have extensive experience defending pharmacists and pharmacies at informal conferences. We know the process and how to use it to the best effect when advocating for our clients. If you have a complaint before with the Texas State Board of Pharmacy or have been invited to an informal conference, don’t hesitate to contact us for a consultation.

Dan Lype

Not afraid to go to court when necessary, Dan has successfully litigated cases all the way to the Supreme Court of Texas. Dan also prides himself on being readily available to clients throughout their cases. He strongly believes effective representation should be a collaborative effort between a client and their attorney.

Years of experience: 15 years
Bar number: 24065658
Location: Austin, TX

Dan Lype

Not afraid to go to court when necessary, Dan has successfully litigated cases all the way to the Supreme Court of Texas. Dan also prides himself on being readily available to clients throughout their cases. He strongly believes effective representation should be a collaborative effort between a client and their attorney.

Years of experience: 15 years
Justia Profile: Dan Lype
Bar number: 24065658
Location: Austin, TX