Have you received an administrative complaint against your pharmacy license for being found guilty, or entering a guilty plea or plea of nolo contendere, to a misdemeanor charge related to the practice of the pharmacy profession? If you have, it is very important that you contact an experienced health care attorney to go over the charges. These charges are serious and can have a negative impact on your license and your ability to practice as a pharmacist in Florida.

The Law

The law states that disciplinary action can be taken against your license if you have found guilty of, or have pled guilty or no contest to, a charge related to the practicing of your profession. It does not matter what was actually adjudicated. Florida law on point here is Florida Statute 456.072(1)(c). The statute says the following in particular:

(1) The following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken:

(c) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession.

Important to note here is that the crime committed can be in any jurisdiction, as long as it relates to the practice of, or the ability to practice, the licensee’s profession; in this case, the pharmacy profession. The statute does not only apply to being convicted or being found guilty of the crime, but also to entering a plea of guilty or no contest to the charges, regardless of adjudication. If you have had complaints made against your license for violation of this statute, you should contact an experienced health care attorney immediately to go over your options. There can be severe repercussions for you if you wait.

Penalties

There are a range of actions that can be taken against you should the Board of Pharmacy decide to take disciplinary action against you. The penalties you could face are found in the Disciplinary Guidelines for the Board of Pharmacy, particularly in Rule 64B16-30.001 in the Florida Administrative Code. The rule states the following for disciplinary guidelines for violation of the statute:

The most important thing to remember here is that these are disciplinary guidelines for misdemeanor charges. There are separate disciplinary guidelines for felony charges. For a discussion of those disciplinary guidelines, please see the blog post dealing with felonies. The minimum penalties under the misdemeanor guidelines call for a $1,000 fine and your license being suspended until you are compliant. The penalties become more severe as you could face a $2,500 fine and suspension of your license, followed by a one year probationary period. At worst, your license can be revoked. This is very serious. You should also be aware that these are guidelines that the board should follow in handing out discipline, but are not set in stone, and can be accompanied by other penalties or deviated from. These penalties can be found in Florida Statute 456.072(2), which you should review with your health care attorney.

Aggravating/Mitigating Circumstances

The board hearing your case can take into account various factors that could affect the discipline you receive. These factors are called aggravating and mitigating circumstances. Aggravating circumstances are factors that can hurt your case. If aggravating circumstances are proven you could face harsher penalties. Mitigating circumstances are factors that can help your case. If mitigating circumstances are proven you could face lesser penalties. These factors can also be found in rule 64B16-30.001 in the Florida Administrative Code. If either side can prove with clear and convincing evidence the aggravating or mitigating circumstances, the discipline you face could be altered by the board. Here are the factors:

(a) Aggravating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the enhancement of a penalty beyond the maximum level of discipline in the guidelines shall include but not be limited to the following:

1. History of previous violations of the practice act and the rules promulgated thereto.
2. In the case of negligent acts, the magnitude and scope of the damage or potential damage inflicted upon the patient or the general public by the licensee’s misfeasance.
3. Evidence of violation of professional practice acts in other jurisdictions wherein the licensee has been disciplined by the appropriate regulatory authority.
4. Harm occurred.

(b) Mitigating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the lessening of a penalty beyond the minimum level of discipline in the guidelines shall include but not be limited to the following:

1. In cases of negligent acts, the minor nature of the damage or potential damage to the patient’s or the public’s health, safety, and welfare resulting from the licensee’s misfeasance.
2. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices his profession.
3. Restitution of any monetary damage suffered by the patient.
4. The licensee’s professional standing among his peers.
5. Steps already taken by the licensee to insure the non-occurrence of similar violations in the future, including continuing education.
6. The degree of financial hardship incurred by a licensee as a result of the imposition of fines or the suspension of his practice.

The board can take into account any of these factors, or other factors, in your hearing. The board can deviate from the standard disciplinary guidelines if they find that any of these aggravating or mitigating circumstances exist. These are very important factors that you should discuss with your health care attorney.

Conclusion

If you are a licensed health care professional in Florida and have received an administrative complaint for violation of the statutes, you are probably concerned about how this may affect your license.  To set up a FREE no obligation consultation with Jeff Howell contact the law firm of Howell, Buchan & Strong, Attorneys at Law at 850-877-7776.  We represent licensed health care professionals and facilities statewide, including out of state clients who are concerned about the status of their Florida license.