Arizona Board of Pharmacy Criminal Reporting: Arizona Pharmacy Board Defense for Criminal Issues
Arizona Revised Statutes 32-3208 requires that pharmacist licensees and applicants for a pharmacist license must provide misdemeanor criminal charges involving conduct that may affect patient safety or a felony to the Arizona Board of Pharmacy within 10 working days after the charge is filed. A working day would be considered Monday through Friday.
Failure to provide a reportable criminal charge within 10 business days is a violation of the law and could result in Arizona Board of Pharmacy Probation and possible termination from pharmacies.
What Current and Past Crimes Must Be Reported?
A felony must be reported within 10 days of being charged. The following types of misdemeanor or other criminal histories are crimes that have been determined by the Board to be reportable pursuant to Arizona Revised Statutes § 32-3208:
- Assault and Related Offenses
- Theft and Related Offenses
- Fraud, Deceit and Related Offenses
- Abuse, Neglect, Exploitation of a Child or Vulnerable Adult and Related Offenses
- Sexual and Related Offenses
- Drug and/or Alcohol Related Offenses
- Arson and Related Offenses
- Animal Abuse, Cruelty and Related Offenses
Failure to report a reportable criminal charge within 10 business days is a violation of the law and could result in disciplinary action which could result in probation and permanent disciplinary records and information available to the puiblic.
DUI History for Professionals
Pharmacists who contact our office frequently ask our attorney’s if state law allows a pharmacist professional with a DUI crime or conviction to get a license with the Arizona State Pharmacy Board? The short answer is yes. An Arizona Pharmacist DUI will not necessarily prevent a pharmacist from obtaining a license or a career in the health field. However, the Board (which handles all complaints) has a public policy (updated as of September 2020) on their website which covers the details of what circumstances pharmacist professionals with a case that resulted in a felony DUI criminal conviction can get a license. They are concerned about public health safety if professionals working at pharmacies has a substance abuse related criminal penalty.
Disclosing a Record for an Applicant
If a medical license applicant is not required to disclose a legal misdemeanor DUI, the AZ Board can still initiate an investigation based upon the results of a health care fingerprint background check. The Board will then contact the medical professional and initiate an investigation in their practice utilizing the law of the law (current as of October 2020). This license investigation determines whether the pharmacist is a danger to the public, has any medical or mental health problems and whether the pharmacist has rehabilitated in the time since the criminal misdemeanor DUI or DUI charges occurred. Simply, the Board wants to know whether the applicant can provide safe medical care with a past criminal case involving alcohol or substance abuse.
One question our attorneys are frequently asked is whether state law allows a medical professional with a felony criminal background to get a license with the Arizona Board of Pharmacy? The short answer is, yes. An Arizona Felony for pharmacists will not necessarily prevent a pharmacist from obtaining a license or a career in the medical field. However, the Board has a public policy on their website which covers the details of under what circumstances a pharmacist with a case that resulted in a criminal sentence can get a license.
Criminal Charges for a Pharmacist and Pharmacy Technician Trainee with the Arizona Board
When a professional applies to the Arizona Board of Pharmacy, they must disclose a felony criminal court sentence (and other similar offenses) on their application including criminal records. A pharmacist must self-report a felony no matter how much time or how many years have passed since the conviction. After self-reporting occurs, the Board contacts the pharmacist and initiates an investigation utilizing the law of the law. The investigation helps to determine whether the medical professional is a danger to the public, has any medical or mental health problems and whether the pharmacist has rehabilitated in the time since the criminal incident occurred. Simply put, the Medical Board wants to know whether the pharmacist applicant can provide safe medical care.
Pharmacy Board Probation Information
When a pharmacist faces Arizona Board of Pharmacy Probation the probation is offered through a Consent Agreement. The Consent Agreement requires the pharmacist to do certain things (drug testing, work supervision, counseling, continuing education). Or alternatively, refrain from doing things (using alcohol, prescribing schedule drugs, seeing certain patients, etc.). The Arizona Board of Pharmacy can place pharmacists on probation through:
- Stipulated Rehabilitation Agreement
- Interim Practice Restriction
- Decree of Censure with Probation
- Letter of Reprimand with Probation
- Practice Limitation
Pharmacists who hold a license in Arizona can face disciplinary actions by the Arizona State Board for many different reasons. If the Pharmacy Board determines formal licensing action is necessary it will happen after the completion of an investigation. It’s the job of the Board to review any complaint alleging a violation of Arizona law. Thus, at an Arizona Board of Pharmacy Meeting the Board will vote to determine the outcome of each investigation, thus, a defense attorney may be needed. The Board can vote on a non-disciplinary outcome or vote to offer the pharmacist formal discipline.
Arizona Health Care Attorney
If you’re interested in learning more about our Arizona Board of Pharmacy Attorney services and how to protect your license, set up a consultation with Chelle Law today.