Texas State Board of Pharmacy
The Texas State Board of Pharmacy (TSBP) regulates the practice of pharmacy through power granted to it by the Texas Pharmacy Act. This statute authorizes the Board to issue and subsequently discipline the licenses it grants to registered pharmacists (R.Ph.’s). The Pharmacy Act also allows the Texas State Board of Pharmacy to regulate pharmacies.
The pharmacist licensing attorneys of the Leichter Law Firm have handled hundreds of pharmacy license matters against the Texas State Board of Pharmacy with cases ranging from minor prescribing violations to litigation involving alleged infractions of the Controlled Substances Act. All of our TSBP lawyers have extensive Texas State Board of Pharmacy experience, and some have worked as attorneys for other boards with similar licensing regimes such as the Texas Medical Board. Our representative cases illustrate the success our Texas State Board of Pharmacy attorneys have had in defending pharmacists and protecting their license to practice pharmacy from the overzealous investigators at the Texas State Board of Pharmacy.
Disciplinary cases involving a pharmacist’s license and the Texas State Board of Pharmacy have two distinct aspects: substantive and procedural. The substantive involves the allegation or matter type—for example, a claim by the Texas State Board of Pharmacy that a pharmacist’s conduct was unprofessional. The procedural aspect determines where in the disciplinary process the case is.
Procedural milestones or stages in the development of an investigation or Texas State Board of Pharmacy disciplinary case can be segmented as follows:
- Receipt of an initial complaint letter
- Formal investigation phase
- Informal settlement conference
- Agreed order negotiations
- SOAH contested case hearing process
- Appeals and motions for rehearing
- Temporary suspension hearings
- Probation or agreed order violations
Substantive issues prosecuted by the Texas State Board of Pharmacy can be further classified into two types: Issues related to the pharmacist or pharmacy technician’s behavioral problems, and issues involving a breach of the standard of care. Our pharmacist license defense attorneys regularly counter the TSBP’s efforts to penalize pharmacists for behavioral problems such as:
- Driving While Intoxicated (DWI) violations
- Alcohol abuse allegations
- Substance abuse and chemical dependency allegations
- Criminal conduct, especially that resulting in criminal probation, community supervision, or deferred adjudication
- Inability to practice due to a physical or mental condition
- Not reporting felonies or misdemeanors on license renewal forms.
Our pharmacy board licensing lawyers also defend your license when the Texas State Board of Pharmacy tries to discipline you for breaching the standard of care. Our Texas licensing Board attorneys have defended pharmacist and pharmacist technicians from revocation of their licenses for:
- Non-therapeutic dispensing
- Dispensing errors
- Failure to maintain appropriate inventories
- Failure to prevent loss or diversion of controlled substances
- Failure to supervise technicians or fulfill the duties of a Pharmacist in Charge (PIC).
- Improper storage of Schedule II Narcotics
- Discipline by peers / Adverse actions
- Violations of an agreed order entered into with the Texas State Board of Pharmacy
- Failure to timely complete continuing pharmacy education
- Filling expired prescriptions
- Unprofessional conduct
- Unauthorized practice of pharmacy
As the Texas State Board of Pharmacy is responsible for regulating the practice of pharmacy in Texas, most complaints concerning a pharmacist’s services are initially directed to the state board for investigation. Although some complaints may have their genesis with other agencies such as the DEA or DPS, most complaints are filed by dissatisfied consumers, angry spouses, or disgruntled co-workers. As the disciplinary process at the Texas State Board of Pharmacy is a complaint driven process, cases invariably begin with a letter of complaint. Of late the Board has been utilizing its temporary suspension authority and has been suspending both pharmacy and pharmacist (R.PH) licenses without notice pursuant to power granted to them by the legislature in the Texas Pharmacy Practice Act. This type of aggressive action can be devastating to a small business owner and can tear down relationships ands customers that have taken years to build.
If you have received a letter of investigation or initial complaint from the Texas State Board of Pharmacy or are at any stage of the legal process with the TSBP you should consider retaining experienced legal counsel to protect your license to practice pharmacy immediately. Far too often simple mistakes or missteps caused by overly broad responses result in a continued investigation or the imposition of discipline including probation or suspension that could have been avoided. These mistakes can be avoided with the assistance of experienced legal representation. Our pharmacist license defense attorneys draw on a wealth of practical experience when negotiating agreed orders with the pharmacy board and could get you a less punitive order than what the board is currently willing to give you. Our licensing board lawyers have extensive practice analyzing and interpreting the Texas Pharmacy Act and the accompanying case law as well as the Administrative Procedure Act which governs the hearings between the pharmacy board and its licensees. If you feel we could be of service defending your license to practice pharmacy, we invite you to contact us today for a free consultation at (512) 495-9995.