Last Updated on: 13th October 2023, 01:54 pm

The Pharmacist Licensing Process in New York

To legally dispense medications in New York, you must hold a license issued by the State Board of Pharmacy. This board operates under the jurisdiction of the New York State Education Department.

Earning this license requires completing extensive education and training. You must hold a minimum of a bachelor’s degree in pharmacy from an accredited college of pharmacy. This is followed by 1,500 hours of internship experience. Finally, you have to pass two exams – the North American Pharmacy Licensure Examination (NAPLEX) and the Multistate Pharmacy Jurisprudence Examination (MPJE) for New York.

Maintaining your New York pharmacist license requires completing continuing education. You must complete 45 hours of continuing education every 3 years to keep your skills and knowledge current.

With so much time and effort invested in becoming a licensed pharmacist, you certainly don’t want anything to jeopardize your career. Unfortunately, just one complaint can trigger an investigation by the State Board of Pharmacy that might threaten your livelihood.

Circumstances That Lead to Disciplinary Action

The New York State Board of Pharmacy has an obligation to investigate any complaints filed against licensed pharmacists in the state. If they find evidence to validate the allegations, you could face disciplinary action – including license suspension or revocation.

Some of the most common complaints that can put a pharmacist’s license in danger include:

• Medication errors – Inaccuracies in filling prescriptions, such as giving a patient the wrong drug or wrong dosage, comprise some of the most frequent complaints. With all the multitasking involved with being a pharmacist, it’s easy to see how errors can occasionally occur. However, the board still takes this very seriously, given the potential to harm patients.
• Record-keeping violations – Failing to keep accurate records of the medications dispensed can also trigger disciplinary action. Violating patient privacy regulations, such as HIPAA, is another record-keeping issue that might lead to sanctions.
• Substance abuse – Pharmacists struggling with drug or alcohol addiction are at high risk for disciplinary action. The board may require drug testing or rehabilitation for pharmacists suspected of impairment on the job.
• Fraud – Overbilling, billing for brand name drugs but dispensing generics, and other fraudulent practices will almost certainly jeopardize your license.

While an honest mistake likely won’t lead to license revocation on the first offense, repeated errors and violations demonstrate a pattern of incompetence or misconduct that the board will not ignore.

The Pharmacist Disciplinary Process in New York

If a complaint is filed against you, here is a general overview of how the disciplinary process works in New York:

• A complaint is filed with the State Board of Pharmacy. This usually comes from a customer, physician, insurer, or other party.
• The Board initiates an investigation into the allegations. You will be notified of the complaint and investigation.
• During the investigation, you will be asked to provide your perspective. This is where having a knowledgeable lawyer is vital to protect your interests.
• If evidence supports the allegations, you will be offered a consent order or settlement. This usually involves penalties like fines, continuing education, probation, etc.
• If you reject the settlement, the next step is a formal hearing in which the Board hears arguments about why your license should not be revoked. You have the right to legal representation at the hearing.
• After the hearing, the Board makes a final determination about discipline – ranging from a reprimand to suspension to permanent revocation of your license.

Having an experienced lawyer with you through this process can make all the difference in the outcome. An attorney familiar with pharmacy board disciplinary proceedings can often get complaints dismissed or negotiate for reduced penalties.

Why Hiring a Lawyer is Crucial to Defend Your License

Navigating the New York pharmacist disciplinary process on your own is extremely unwise. The charges against you have been filed by the State Board of Pharmacy – the very agency that now determines your professional fate. Without the right legal advice, the odds are stacked against you.

A knowledgeable New York pharmacist license defense lawyer levels the playing field by providing services such as:

• Acting as your legal counsel – Your lawyer represents you in all correspondence and meetings with the Board of Pharmacy. You should never speak to investigators without your attorney present.
• Gathering evidence – Your lawyer can collect documentation, procure expert testimony, and take other steps to disprove the allegations against you.
• Negotiating – An experienced lawyer has a much better chance of negotiating a dismissal of charges or at least minimizing the penalties through settlements.
• Preparing your defense – If your case does go to a formal hearing, your lawyer will build the strongest argument to convince the board not to discipline your license.
• Presenting your case – At the hearing itself, your lawyer serves as your advocate, making arguments to the board on your behalf.

Having a knowledgeable professional license defense lawyer greatly improves your chances of preserving your pharmacist career. The cost of hiring a lawyer is minor compared to the loss of your livelihood.

Where to Find a Qualified New York Pharmacist License Defense Lawyer

If you’re a New York pharmacist facing disciplinary action, I strongly encourage you to meet with a lawyer immediately. Look for an attorney with specific experience representing pharmacists in license defense cases.

Ideal credentials for your lawyer include:

• A strong track record of favorable outcomes in pharmacy license cases
• Extensive experience navigating New York’s pharmacist disciplinary process
• A thorough understanding of pharmacy regulations and standards of practice
• Established relationships with members of the State Board of Pharmacy
• Background representing pharmacists in your geographic area

Building an strong defense requires working diligently with an experienced attorney. Thoroughly investigate the facts of your case and understand the relevant healthcare regulations. With the right legal strategy and advocacy, many healthcare providers can resolve these cases favorably.  Don’t leave your career up to chance. Consult with a qualified New York pharmacist license defense lawyer as soon as you learn of any complaint filed against you. An experienced attorney can protect your license, livelihood and professional reputation.

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