As a pharmacist, you are responsible for preparing, dispensing, and managing the medications prescribed to patients; all while counseling and guiding patients and their healthcare providers to ensure that a treatment plan is the safest and most effective option. Though you may have to juggle many tasks, you must execute each with care. Otherwise, you may be susceptible to an accusation of misconduct, and ultimately the revocation of your license. Please continue reading to learn how a pharmacist might lose their license and how one of the experienced New York health care professional defense lawyers at Walker Medical Law can stand by you.
How might a pharmacist lose their license in New York State?
A pharmacist must always practice at the standard of care established by their peers. This is because, if they fall short of this, a patient may report them to the New York State Office of Professional Discipline (OPD). In this complaint, a patient may make any one of the following claims:
- A patient may claim that you are overcharging for medications, which is considered fraud.
- A patient may claim that you are substituting drugs without their healthcare provider’s authorization, which is considered fraud.
- A patient may claim that you failed to protect their privacy, which is considered a HIPAA violation.
- A patient may claim that you failed to keep records of the prescription medications you have dispensed for them.
- A patient may claim that you failed to notice a healthcare provider’s error in a prescription.
- A patient may claim that you negligently dispensed the incorrect dosage or incorrect type of prescription medication.
- A patient may claim that you were under the influence of drugs or alcohol while dispensing a prescription medication.
What happens if a patient accuses me of misconduct?
Once a patient files a complaint with the OPD, an investigation will commence. With this, the OPD will look for evidence that backs up the patient’s complaint, along with interviewing witnesses. And if they find substantial evidence against you, they may try to negotiate a consent order with you. But you may enter a formal hearing if you do not accept the consent order and instead want to fight these claims against you. Ultimately, the OPD may decide the best course of action to handle the complaint; meaning, they may decide to suspend or revoke your license.
With all that being said, you must take this misconduct claim seriously. This means that you must gain legal representation as soon as you receive notice of the patient’s complaint. To be proactive in pursuing your defense against a misconduct claim, you must retain the services of one of the skilled New York healthcare professional defense lawyers. Contact Walker Medical Law today.
