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Six Violations Committed by Pharmacists That May Lead to Disciplinary Actions by the TSBP

You may find your work as a pharmacist extremely rewarding, but the job also comes with huge responsibilities as you fill prescriptions for powerful and potentially dangerous medications. As a medical professional, you are also subject to a strict code of conduct. Unfortunately, your income, professional reputation, and pharmacist license could be at risk if you violate the code or break the law and face disciplinary proceedings by the Texas State Board of Pharmacy (TSBP).

Why the TSBP May Discipline You

The Texas State Board of Pharmacy is the state agency in Texas responsible for issuing licenses, resolving complaints, and disciplining pharmacists. This board also regulates pharmacies and pharmacy technicians. Common grounds for disciplinary action against pharmacists include:

Violations of TSBP Rules.

Pharmacists are required to follow the rules and regulations of the Texas Pharmacy Act, TSBP rules, and applicable health and safety codes. Violations of these laws can result in the TSBP beginning disciplinary proceedings.

Criminal Conduct

If a pharmacist is charged with or convicted of a crime, the TSBP may start an investigation that could result in the loss of his license.

Unprofessional Conduct

Unprofessional conduct is a common reason that pharmacists are disciplined. The Texas State Board of Pharmacy Rule defines this as committing an act or engaging in behaviors that do not conform to pharmacy professional standards. This can include activity involving moral turpitude, corruption, or dishonesty.

Fraud

TSBP rules prohibit a pharmacist from engaging in fraud, deceit, or misrepresentation in the practice of pharmacy or in obtaining a pharmacist’s license. Fraud in the practice of pharmacy can include colluding with patients or physicians in knowingly filling prescriptions the pharmacist should refuse, but it can also include various forms of financial dishonesty with health insurers, worker’s compensation carriers or government payors such as Medicare or Medicaid.

Immoral Conduct

Engaging in an act that is a felony, that is considered sexually deviant, or that requires the person to register as a sex offender, are all examples of conduct the Board may consider grossly immoral.

Drug or Alcohol Abuse

A pharmacist who suffers with alcoholism, chemical dependency, or drug abuse can jeopardize his license. In addition, the TSBP could refer his case for criminal prosecution.

What Disciplinary Actions Can the TSBP Take Against Pharmacists?

The Texas State Board of Pharmacists has broad powers to take disciplinary actions against pharmacists, including:
  • Monitoring the pharmacist
  • Issuing a public reprimand
  • Imposing fines
  • Placing restrictions on a pharmacist’s license
  • Putting a pharmacist on probation and setting terms and conditions that he must meet
  • Suspending or revoking a pharmacist’s license
If you are facing disciplinary actions by the TSBP, and especially if you are in the Dallas, Fort Worth or Mid-Cities area, you need the assistance of an experienced medical licensing defense and peer review lawyer. Attorney Walt Taylor has many years of experience representing health care professionals in Texas. To learn how he can assist you, contact us online or call our office directly at 817.380.4888 to schedule a free, no-obligation consultation.
Walter L. Taylor
Employment & Medical Peer Review Lawyer helping workers, doctors, nurses, dentists and pharmacists in Texas.

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