NYC Pharmacist License Defense Lawyer

NYC Pharmacist License Defense Lawyer

New York Pharmacist License Lawyer

Our team has been defending New York pharmacists in disciplinary actions for more than a decade. We have successfully argued for hundreds of pharmacists in front of the New York Board of Pharmacists and the New York State Department of Education Office of Professional Discipline, with fantastic results to show for our clients.

For starters, here are the basics of how the New York disciplinary process operates when pharmacists are accused of wrongdoing.

Every licensed pharmacist in the State of New York who becomes the subject of a disciplinary complaint comes under the jurisdiction of the State Department of Education Office of Professional Discipline (OPD). The OPD retains the authority to investigate and prosecute pharmacists and many other licensed professionals for what the state law lists as occurences of professional misconduct. The complete list is rather extensive, covering almost forty offenses. Here are some of the most common examples of professional misconduct amongst New York pharmacists that we have seen:

• Conviction for any crime in any jurisdiction
• Fraudulent practices
• Abuse of controlled substances
• Keeping numerous misbranded or expired medications for sale
• Maintaining outdated drugs in the pharmacy’s drug stock
• Theft of medications from the pharmacy
• Unauthorized removal of medications from the pharmacy for personal use
• Failure to establish sufficient supervision of a pharmacy
• Allowing unlicensed and unauthorized persons to work in the pharmacy
• Selling drugs that have not been approved by the FDA
• Failing to inform the Pharmacy Board when there is a change of supervisor or supervising pharmacist.
• Commingling food with medication in the pharmacy refrigerator
• Failing to maintain a thermometer in the pharmacy refrigerator
• Failing to maintain a biennial controlled drug inventory.
• Getting prescription-required medication without authorization

There are a number of ways disciplinary cases against pharmacists may come about. Many start when a complaint gets filed with the Board of Pharmacy. Many cases get launched after routine pharmacy inspections and audits. Potential misconduct that comes to the attention of the board triggers the involvement of the Office of Professional Discipline and at some point the targeted pharmacist gets a letter saying that they are being investigated for misconduct and that they are to report for the interview with the investigator.

One important detail to understand is that as a licensee, pharmacists are obligated to comply with an investigator for the most part, but he or she is not obligated to talk or interview with the investigator. In actuality, we consistently recommend against it and strongly suggest that our pharmacists exercise their right to speak with an attorney and to secure legal counsel before discussing anything with anyone, especially the OPD investigator. This is primarily because anything you say to the investigator can and will be used against you and you are highly likely to unwittingly make damaging statements during an interview. Discussing your matter with an experienced OPD attorney who has also handled cases involving pharmacists before you speak with the investigator may literally save your license to practice.

At the conclusion of the investigation, an Investigative Committee decides whether or not there is enough evidence in the file for the legal basis to press disciplinary charges against the pharmacist. If the evidence is insufficient, the case gets dismissed. If the evidence is sufficient, the assigned prosecutor will notify your attorney and that begins the long process which will result either in a consent agreement between the pharmacist and the board or in a full disciplinary hearing. In some respects, this resembles the procedure in criminal cases where the defendant has the right to go to trial but may alternatively work out a plea bargain with the government.

In pharmacist disciplinary matters, the state inflicts a variety of penalties on a pharmacist. The most severe of them all is license surrender or revocation. Other possible actions include license suspension, both actual and stayed, probation, censure and reprimand, mental and drug evaluation and treatment, and monetary penalties.

The results of a disciplinary case depends on numerous factors. Clearly, when your professional license, your livelihood, and your whole career are on the line, having it all taken away from you is not an option. That is the reason we recommend to always consult with an experienced lawyer as early in the process as possible. Make certain that the attorney you decide to enlist has represented pharmacists before the Pharmacy Board and the Office of Professional Discipline. There are thousands of good lawyers practicing, but when it comes to the highly specialized area of pharmacist representation in OPD cases, you should get someone with expertise and a solid track record. You will be able to access those kinds of attorneys at our office.

We have achieved excellent results over the years of standing for pharmacists in New York City and New York State. We lend our experience as well as personalized service and reasonable flat fees in the majority of the cases we take. Give us a call today for an immediate consultation with a New York pharmacy license defense attorney.

EXCELLENT Based on 362 reviews.

Charle Butler

2021-03-12

Verified

I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!

Mesonista parsons

2021-03-05

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My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.

debabrata chakraborty

2021-03-03

Verified

Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.

Asata Hendricks

2021-03-02

Verified

Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.

Mike Moroff

2021-02-26

Verified

I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.

Josh Katz

2021-02-24

Verified

Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.

L.C.

2021-02-24

Verified

I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.

AnnMarie Soliman

2021-02-23

Verified

I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!