Indiana Board of Pharmacy Attorney
The job of the Indiana Board of Pharmacy is to protect and promote the welfare of the people of Indiana. They do this by ensuring each person who holds a license as a pharmacy professional in the State of Indiana is competent to practice safely. This means the Indiana Board of Pharmacy has the authority to discipline the license of any pharmacy professional. Chelle Law’s Indiana Board of Pharmacy Attorneys have represented over 1000 health care professionals and have the experience needed to help pharmacy professionals with Indiana Board of Pharmacy matters. We can assist all pharmacy professionals with Indiana Board of Pharmacy issues, including:
Indiana Board of Pharmacy Complaint
Who can file a complaint against a pharmacy professional? Patients, Health Care Facilities, other professionals, among others. When the Indiana Board of Pharmacy receives a complaint, the Board will initiate an investigation into the complaint (if the Board has jurisdiction and the Complaint isn’t dismissed). After this happens, the pharmacy professional will receive notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial for pharmacy professionals as they must submit a response, interview with the investigator while also possibly appearing at an Indiana Board of Pharmacy Meeting. Complaints are taken very seriously by the Indiana Board of Pharmacy. They commonly investigate each complaint they receive. This is to protect the public and ensure the licensee is competent and ethical. Complaints are sometimes filed directly to the Office of the Indiana Attorney General Consumer Protection Division (referred to as the Division below) which investigates and prosecutes all complaints concerning regulated occupations such as pharmacy.
The Division will receive a complaint and will first make a determination as to its merit. If the pharmacy professional who is the subject of the complaint is registered with the Indiana Board of Pharmacy, then he or she will fall under the state’s jurisdiction and thus action will be taken by the Division. They will notify the licensee of the complaint including its nature and its ramifications and try to resolve the complaint through negotiation.
A thirty-day period then elapses before further investigation can occur. During this time the negotiation takes place. If an agreement is reached by the Division and the subject of the complaint signs a statement that it is resolved, no further action takes place at that time.
However, in that thirty days if no agreement is reached, the Division can proceed with the investigation. Witnesses can be called, documents can be collected and interviews with interested parties can be conducted. If discipline is to take place the attorney general receives this information and may, on behalf of the state of Indiana, prosecute and call for a public hearing.
Board of Pharmacy Application Denial
Applicants to the Indiana Board of Pharmacy who have a criminal history or previous discipline by the Indiana Board of Pharmacy (or any other Board) may be subject to denial of their application for licensure. Thus, those with a criminal or disciplinary history from other licensing boards will be investigated by the Board.
Reporting a Criminal Charge to the Indiana Board of Pharmacy
Indiana law (IC 25-1-1.1-1) holds that any licensed or certified individual who has been convicted of a misdemeanor (except traffic related convictions) or felony must notify their Indiana Licensing Board within 90 days after the order or judgment is entered.
Indiana Professionals Recovery Program
The Indiana Professionals Recovery Program (IPRP) is the Board’s non-disciplinary, confidential monitoring program for healthcare professionals in Indiana. The IPRP Program is designed for those with substance use disorders. Pharmacy professionals who are interested in IPRP must voluntarily request entry and meet the certain eligibility criteria or may be required to enter the program via mandatory regulatory admission.
Any licensee may request an appeal of an Indiana Board of Pharmacy disciplinary action to an administrative law judge with the Indiana Office of Administrative Law Proceedings (OALP) within the Indiana State Personnel Department (SPD). This OALP is scheduled to begin on July 1, 2020, but may be subject to change. In some instances, a case is sent automatically to hearing. The administrative hearing is conducted by OALP before an Administrative Law Judge (ALJ). The hearing is not as formal as a trial, but is similar. Each party presents evidence using documents or sworn testimony. Each party also gives an opening and closing argument which should explain why the judge should rule one way or the other. A pharmacy professional’s attorney can cross examine witnesses and testify on his or her behalf. After the hearing, the ALJ reviews the transcripts, evidence and makes a recommendation. However, the Board makes the decision to either accept, reject or modify the ALJ’s decision. If an individuals feels there has been a mistake they can request a rehearing.
Indiana Pharmacist Disciplinary Actions
Indiana Board of Pharmacy disciplinary actions are given to pharmacy professionals with a license or certification in Indiana. If the Board determines formal disciplinary 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 the Indiana laws and regulations. Thus, at an Indiana Board of Pharmacy Meeting, the Board will vote to determine the outcome of each investigation. The Board can vote on a non-disciplinary outcome or vote to offer the pharmacy professional formal discipline. Disciplinary actions can include:
- Censure – an official disapproval that is on the record but doesn’t affect the license
- Letter of reprimand – on the official record but not affecting the license
- Probation – the licensee must report to the board regularly
- Limitations on practice
- Cease and desist order
- A fine assessed not to exceed $1,000
- Suspension of license
- Revocation of license
If you’re interested in setting up a consultation with our Indiana Board of Pharmacy Attorney at Chelle Law or learning more about any of the services we provide to Indiana pharmacy professionals we invite you to reach out to us today.