Pharmacists play a critical role in healthcare, ensuring patients receive the correct medications and understand how to use them safely. However, with any pharmacy profession comes a stringent set of regulations and standards. Failing to adhere to these can result in severe consequences, including the loss of one’s pharmacy license.
What are the ways a pharmacist can lose their license in Florida or receive other penalties and disciplinary action? Understand these pitfalls so you can better navigate your professional responsibilities and avoid jeopardizing your career.
1. Dispensing Errors
Dispensing errors of a controlled substance are one of the most common reasons pharmacists face disciplinary action. This includes providing the wrong medication, incorrect dosage, or inaccurate instructions. Such mistakes can have serious health implications for patients.
In Florida, pharmacists must follow the guidelines set by the Florida Board of Pharmacy. Even a single dispensing error, particularly if it leads to patient harm, can result in a loss of license. Regulated drugs are called “controlled substances” because accurate dispensing matters for public health and safety.
2. Prescription Drugs Fraud
Prescription fraud involves falsifying prescriptions or dispensing medication without a valid prescription. This can include altering prescriptions, filling counterfeit prescriptions, or dispensing medications without proper authorization. Engaging in such activities is grounds for disciplinary action, including license revocation.
3. Substance Abuse
If a pharmacist is found to be abusing drugs or alcohol, it can lead to impaired judgment and compromised patient safety, for reasons of being unable to practice with reasonable skill and safety to patients.
Furthermore, pharmacists have access to controlled substances, exposing them to additional opportunities to break sobriety or take advantage of their surroundings. Florida’s Professional Resource Network (PRN) provides programs to help pharmacists struggling with substance abuse, but refusal to seek help or continued abuse of drugs can result in the loss of one’s license.
Before you contact PRN, it’s advisable to consult with an attorney.
4. Failure to Maintain Accurate Records
Accurate record-keeping is essential in pharmacy practice. Pharmacists must maintain meticulous records of all prescriptions filled, medications dispensed, and patient interactions. Inaccurate or incomplete records can lead to significant legal issues and are a common reason for disciplinary action by pharmacy boards.
5. Violating Patient Privacy
The Health Insurance Portability and Accountability Act (HIPAA) sets strict guidelines for patient privacy, and violations can result in both legal penalties and the loss of a pharmacy license.
Thus, patient confidentiality is a key cornerstone of healthcare. Pharmacists must ensure that exchanging information about a patient is protected and only shared with authorized individuals. Violating patient privacy, whether through negligence or intentional disclosure, is a serious offense in the eyes of public health.
6. Operating Outside the Scope of Practice
Pharmacists are licensed to perform specific duties within the scope of their practice. Operating outside this scope, such as diagnosing medical conditions or prescribing medications without proper authority, is illegal. Pharmacists must adhere to the defined scope of practice, among other conditions, and failure to do so can result in license revocation.
7. Failing to Complete Continuing Education
Pharmacy is a constantly evolving field, and pharmacists must stay updated with the latest knowledge and practices. Florida requires pharmacists to complete continuing education (CE) credits as part of their license renewal process; Florida Statutes § 465.009 outlines the continuing education requirements for pharmacists. Failure to complete these continuing education requirements can result in the nonrenewal or revocation of a license by the state pharmacy board, effectively ending a pharmacist’s ability to practice.
8. Theft or Diversion of Controlled Substances
Theft or diversion of controlled substances for personal use or illegal distribution of prescription drugs is a severe violation. Pharmacists caught engaging in these activities face risk not only the loss of their license but also potential criminal charges. The Drug Enforcement Administration (DEA) and Florida law enforcement take such violations very seriously.
9. Improper Supervision of Pharmacy Technicians
Pharmacy technicians are vital in assisting pharmacists but must be properly supervised. Inadequate supervision can lead to errors and unsafe practices. Florida regulations require pharmacists to ensure that technicians work under direct supervision and adhere to established protocols; Florida Statutes § 465.014 defines the supervision requirements for pharmacy technicians. Failure by a pharmacist to provide proper supervision can lead to disciplinary actions against the pharmacist.
10. Violations of State and Federal Laws
Pharmacists must comply with all applicable state and federal laws governing pharmacy practice. This includes regulations related to controlled substances, pharmacy operations, compounding rules and regulations, and healthcare standards. Violations of these laws can result in significant penalties, including the loss of one’s pharmacy license.
Florida Statutes Section 456.016 outlines various grounds for disciplinary action against pharmacists.
Safeguarding Your Pharmacist’s License and Career
Maintaining a pharmacy license requires diligence, adherence to regulations, and a commitment to professional ethics. Pharmacists should stay informed about changes in laws and regulations, engage in ongoing education, keep professional relationships, abide by state board requirements, and seek support when facing challenges to their professional license. If you find yourself facing disciplinary action or have concerns about your pharmacist license in Florida, it’s crucial to seek an experienced attorney promptly.
Call Leikam Law Today For Help in Protecting Your Pharmacist’s License
Understanding the various ways a pharmacist can lose their license and be subject to disciplinary action is essential for anyone in the profession. By being aware of these pitfalls and taking proactive steps to avoid them, pharmacists can maintain their credentials and professional reputation.
If your license and professional practice of pharmacy are at risk, obtaining legal counsel is the best thing you can do. Leikam Law specializes in defending pharmacists facing disciplinary actions from the pharmacy board and other healthcare professionals.
If you’re a pharmacist facing disciplinary action or license suspension, don’t wait until it’s too late. Contact Leikam Law for a health care license defense consultation. We’ll help you navigate the complexities of pharmacy law. Protect your professional license and career to ensure you can continue to serve your patients and their well-being with confidence.
