How to Respond to a Complaint from the Texas Pharmacy Board?

For a pharmacy or pharmacist, receiving a complaint from the Texas Board of Pharmacy (TSBP) can be highly stressful. You may feel frustrated and uncertain on what to do. This is understandable as mishandling your case could affect your license, professional reputation, career, and business. To ensure a good outcome, you need to understand the complaint process, the factors the Pharmacy Board will consider when reviewing a complaint, and the types of disciplinary actions available to the Board. 

Before responding to a complaint, it is crucial to obtain legal guidance from a Texas Board of Pharmacy defense lawyer. Consult an attorney at Lype Dest Smith Lawyers to help you determine how to handle a complaint from the Texas Board of Pharmacy.

What is the Complaint Process?

The complaint process with the TSBP begins when the Board receives a complaint against a pharmacist or pharmacy. Anyone can file a complaint, but in most cases they come from a patient, family member, employer, colleague, another regulatory agency, or law enforcement. In certain situations the Board will open a complaint on their own initiative. This often happens when a routine Board inspection finds possible violations.

Once a complaint is filed, the TSBP will initiate an investigation to evaluate whether it has merit. They will investigate the allegations to determine if they violate the Texas Pharmacy Act or the Board’s rules.

Unlike most other Texas licensing agencies, the Pharmacy Board typically does not provide a pharmacy or pharmacist with advanced notice of the complaint. Instead, the licensee first finds out about the complaint when a Board investigator  shows up unannounced at the pharmacy or the pharmacist’s home. The investigator will request records and try to obtain an on-the-spot written statement from the licensee and any other relevant persons such as the pharmacist-in-charge or pharmacy technicians.

This is a deliberate Board tactic as it frequently allows the investigator to obtain a written response from the pharmacy or pharmacist prior to them being able to speak with a lawyer. Licensees often inadvertently hurt themselves by agreeing to provide the written statement. Anything said in the statement can be used by the Board to impose discipline. The lawyers at Lype, Dest & Smith have seen many cases where the licensee undermined or even entirely foreclosed a legitimate line of a defense through their statement. Licensees should know that they are not required to give a statement and that it is generally inadvisable to do so until you have had a chance to speak to an attorney.

At the close of the investigation, the TSBP will determine if there is enough evidence to proceed with disciplinary action. If the Board of Pharmacy finds that a violation has occurred, it will issue a notice of alleged violation and give the licensee the option of appearing at an informal conference or waiving the conference and going straight to a formal hearing at the State Office of Administrative Hearings. Sometimes the notice of violation will be accompanied by a proposed settlement that can be accepted in lieu of an informal conference or formal hearing. 

Always discuss a complaint with a Texas pharmacy board lawyer before responding to anything on your own.

Disciplinary Actions Before the TSBP

If the TSBP decides there are grounds to move forward with disciplinary action as per Tex. Occ. Code §565.001, several steps will follow. An informal settlement conference is usually the first step, where the pharmacist can present their case and negotiate with the Board. If an agreement is reached, the case resolves without further action. More information on Pharmacy Board informal conferences can be found here.

However, if no agreement is reached, the case may proceed to a formal hearing before an administrative law judge. This hearing is a trial, where b

The types of disciplinary actions the TSBP may impose include a formal warning, probation, fines, mandatory education, suspension, or revocation of the license. The severity of the action typically depends on the nature of the violation, previous disciplinary history, and any mitigating circumstances. In certain cases the Pharmacy Board also has the option of offering a Remedial Plan. This differs from other TSBP actions in that it is not considered to be disciplinary.  

 

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Founding Attorney

Sanctions for Discipline Before the TSBP

Sanctions imposed by the TSBP can have long-lasting effects on a pharmacist’s career or a pharmacy’s ability to conduct business. Even a minor sanction can impact a pharmacist’s professional standing and employment opportunities. For pharmacies a Board action can harm relationships with payors, PBM’s, PSAO’s, and Medicaid and Medicare. 

Under Tex. Occ. Code §565.051, the TSBP can issue sanctions such as:

• Administrative penalty
• Probation
• Mandatory continuing education
• Suspension of a license
• Refusal to renew license
• Reprimand  

In addition to the immediate penalties, pharmacists and pharmacies may also face difficulties in obtaining future licenses in other states. This makes it even more critical to approach the complaint process with care and to seek professional legal assistance from a Texas pharmacy license defense attorney early on.

Contact a Texas Licensing Attorney About a State Board of Pharmacy Complaint

If you receive a complaint from the Texas Board of Pharmacy, taking proper steps can save your professional license. The right defense from the outset of your case can help avoid the possible damaging consequences of a complaint from the Board. 

A Texas licensing attorney from Lype Dest Smith Lawyers will guide you on the best strategy to safeguard your license and your career. Call us at (512) 881-3556 or contact us online now to discuss your case and explore your options.

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