Texas State Board of Pharmacy

Texas State Board of Pharmacy (TSBP) vs. K.B. – Client, a registered pharmacist (R.Ph.) and Pharmacist in Charge (PIC) was accused by Staff of the State Board of Pharmacy of inadequate supervision of the pharmacy’s staff pharmacists and technicians, inadequate audits resulting in inventory shortages / loss of controlled substances and failure to maintain the adequate security and safeguarding of controlled substances. After the filing of a comprehensive rebuttal package by Leichter Law Firm client and an appearance at an informal conference the panel of the Board recommended the case be dismissed.

Texas State Board of Pharmacy (TSBP) vs. K. A. – Client was charged with a second degree felony for misappropriating hydrocodone from a state owned and government operated facility. Client also admitted to violating his professional recovery network (PRN) contract by relapsing on Vicodin and submitting fraudulent urines to cover up his use of the stolen controlled substances. Leichter Law Firm attorneys represented client on the criminal charge and were successful in negotiating with the prosecutor a plea deal for a misdemeanor. Client subsequently received a notice of intent to suspend / discipline from the Texas State Board of Pharmacy. After an informal conference a deal was negotiated to place Client on an Agreed Confidential Order for five years requiring the entry of a new PRN contract and the submission of hair screens and observed urines.

TSBP vs. a County Government and its supervising MD – Client, a county in Texas, employed a medical doctor (MD) to be the medical director if its community pharmacy which served the indigent population. The MD’s disciplinary history with the Texas Medical Board caused the TSBP to open an investigation and seek to remove the MD in his capacity as medical director. After an appearance at an informal conference the TSBP defense attorneys of Leichter Law Firm secured a dismissal for Client and cleared the MD of any alleged impropriety.

TSBP vs. K.S., Registered Pharmacist (R.Ph.) – Client was accused of the improper care and treatment of a patient and unprofessional conduct for failing to fill a prescription for a patient in a crisis situation without an authorized refill. The response filed by the pharmacist license defense attorneys of the Leichter Law Firm were clear that the patient required immediate medical assistance and that the administration of the medication would have been a violation of the standard of care given the patient’s medical history and presenting symptoms. The Client (who was the PIC) had also promptly called 911 for an ambulance. After argument at an informal conference the case was dismissed.

TSBP vs. SV Pharmacy and it Pharmacist in Charge (PIC) – Clients, a specialty mail order pharmacy and its PIC were charged by the Pharmacy Board of dispensing mail order prescriptions to over fifteen (15) states where they did not possess a State Pharmacy License. Staff of the Board alleged multiple violations of the Pharmacy Practice Act and the Board’s rules. After the submission of a rebuttal package and presentation at an informal settlement conference a small administrative penalty was assessed against the pharmacy. The Client continues to dispense legally to over 40 states pursuant to the resolution reached.

TSBP vs. CT and Pharmacy – Client was the owner and PIC of a community pharmacy in an urban area. Staff of the TSBP sought the temporary suspension of both the pharmacy license and the owner’s registered pharmacist (R,Ph.) license / pharmacist registration. Board Staff alleged the pharmacy and licensed pharmacist non-therapeutically filled prescriptions for hydrocodone, Xanax and Soma (“the Cocktail”or “Houston Cocktail”) that they knew or should have known were illegitimate and non-therapeutic. After a contested case hearing before a disciplinary panel of the Board the application for the temporary suspensions were denied. Clients continue to enjoy the unrestricted and unfettered practice of pharmacy and operation of the licensed pharmacy.

D.H., R.Ph., vs. Texas State Board of Pharmacy – Client was accused of dispensing without valid physician order(s) and fraudulent billing practices. After the presentation of Client’s case at an informal conference, Client was offered a one year administrative penalty for Continuing Education.

O.O., R.Ph. vs Texas State Board of Pharmacy – Board Staff sought the discipline of Client’s Pharmacist Registration after Client was convicted of several offenses relating to Assault Family Violence and Violation of a Protective Order. After the presentation of mitigating and rehabilitative evidence by the Texas pharmacist license defense attorneys of the Leichter Law Firm, Client was offered a private reprimand to resolve the matter.

J.S., R.Ph. vs. Texas State Board of Pharmacy – The TSBP offered Client a seven year suspension/ probate order with the first 90 days of the suspension to be actively served. This action was based on Client’s plea of guilty to two offenses involving controlled substances. The Leichter Law Firm’s Texas pharmacy license attorneys were retained to renegotiate the terms of the Agreed Order. After mediation, the TSBP compromised for 45 days of active suspension and termination of the order in the event of an early discharge from the criminal probation.

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