How Does a Criminal Conviction Affect a Pharmacy License in Pennsylvania?

How Does a DUI Conviction Affect a

Pharmacist License in Pennsylvania?

To become a Pharmacist in Pennsylvania, you must complete a vast number of educational requirements, which are not easy classes and concepts, undergo vigorous training, and pass an extremely comprehensive exam.  The Pennsylvania Board of Pharmacy regulates the licensing and conduct of Pharmacists in Pennsylvania.  As a Pharmacist, you are under constant pressure from doctors, patients, and your pharmacy to fill prescriptions quickly while keeping a focus on any issues with the medicine, interactions between medications, and providing the correct dosage and instructions. However, being a Pharmacist is a very honorable, in demand, lucrative, and respected profession.  Therefore, since it is not easy to become a Pharmacist, and it is a great profession, why risk your Pharmacy License and hard work making a foolish mistake, such as a DUI conviction?  So: How Does a Criminal Conviction Affect a Pharmacist License in Pennsylvania? 

Paul S. Peters III, Esq. understands the dire consequences of losing your Pharmacist License, such as threatening your ability to work and provide for yourself and your family.  If you find yourself in danger of losing your Pharmacist License through action by the Pennsylvania Board of Pharmacy, you will need an experienced, trusted, and aggressive lawyer at your side to advocate on your behalf.  Paul S. Peters III, Esq. will provide you with that needed advocacy and legal defense.  Call Paul S. Peters III, Esquire at 215-291-2944.

Pennsylvania Pharmacist Convictions and the Pennsylvania Board of Pharmacy

The Pennsylvania Board of Pharmacy regulates the licensing of Pharmacists through The Pennsylvania Pharmacy Act of Sep. 27, 1961, P.L. 1700, No. 699.  Pertaining to licensing and criminal convictions, the Pharmacy Act requires that an applicant:

Not been convicted of a felonious act prohibited under “The Controlled Substance, Drug, Device and Cosmetic Act,” relating to drug use or sales; or convicted of a felony relating to a controlled substance in a court of law of the United States or any other state, territory or country unless: (i) at least ten years have elapsed from the date of conviction; and (ii) the applicant satisfactorily demonstrates successful rehabilitation;

The Pharmacy Act furthers states a Pharmacist License can be suspended if a Pharmacist: 

Has been found guilty, pleaded guilty, entered a plea of nolo contendere, or has received probation without verdict, disposition in lieu of trial or an Accelerated Rehabilitative Disposition in the disposition of felony charges, to any offense in connection with the practice of pharmacy or any offense involving moral turpitude before any court of record of any jurisdiction; or Is unfit to practice pharmacy because of intemperance in the use of alcoholic beverages, controlled substances or any other substance which impairs the intellect and judgment to such an extent as to impair the performance of professional duties.

A violation of “The Controlled Substance, Drug, Device and Cosmetic Act”, will result in an automatic suspension, no questions asked, of a Pharmacist License in Pennsylvania per the Pharmacy Act.

Pennsylvania Pharmacists and Criminal Liability

Before Pharmacists must worry about actions in their personal lives resulting in criminal matters, they must be concerned about the gravity, danger, and intensity of the responsibility and duty they hold.

Daily, Pharmacists must juggle actions such as: 

  • Sanitary Conditions of Medications
  • Proper Preparation and Mixing of Medications
  • Adequate Security and Storing of Medications
  • Tracking of Inventory of Medications
  • Drug Interaction Review and Counseling of Patients
  • Intense Level of Record-keeping
  • Being on Alert for Prescription Issuance Concerns
  • Improper Prescription Renewal
  • Insurance Denials
  • HIPPA Requirements
  • Spotlight of the Opioid Epidemic

Many of these responsibilities, if not carried out to the highest level, can result in a patient’s death, severe illness, or disability.  Depending on the circumstances surrounding any Pharmacist Malpractice, a Pharmacist can face murder, assault, or other related criminal charges.  If a Pharmacist acts negligently or improperly regarding storage and dispensing controlled substances, exposure to drug charges is present.

Pennsylvania Pharmacist and DUI Conviction

Per the language and requirements placed upon a Pennsylvania Pharmacist License holder, a DUI conviction can have a devastating impact in terms of obtaining your Pharmacist License and keeping it.  A DUI conviction must be disclosed to the Pennsylvania Board of Pharmacy, even entry into ARD.  The Board reviews these matters on a case by case basis as the circumstances leading to the conviction can be for numerous reasons.  The Board is most concerned with the presence of an alcohol or substance abuse issue.  A DUI conviction before obtaining a Pharmacist License must be disclosed and will undoubtedly make obtaining a Pharmacist License more difficult and scrutinized.  An investigation by the Pennsylvania Board of Pharmacy can result in probation, a suspension, or termination of your Pennsylvania Pharmacist License.

A DUI conviction, as well as other serious crimes, will cause the Pennsylvania Board of Pharmacy to call into question your judgment, character, fitness, and ability to serve the public as a licensed Pharmacist.  The Pennsylvania Board of Pharmacy demands a high ethical and moral standard, given the severe nature of controlling the dissemination and safety of controlled substances to the public. 

You may be able to avoid putting your Pharmacist License at risk if you hire an experienced DUI and Pharmacist License Defense Attorney such as Paul S. Peters III, Esq.  Attorney Peters can aggressively advocate for your entry into the ARD Diversion Program if the DUI is your first offense.  The ARD program will avoid a conviction and allow you to expunge the DUI arrest from your record.  While ARD is a required disclosure to the Pennsylvania Board of Pharmacy, it will result in a less visceral reaction from the Board than a DUI conviction.  The ARD program can act to prevent a Pharmacist License suspension.

If you are a Pharmacist faced with consequences from a DUI conviction, it is essential to have an aggressive, experienced, and trusted lawyer for both your DUI matter and hearing before the Pennsylvania Board of Pharmacy.  Paul S. Peters III, Esquire, is the legal advocate you need.  Call him at 215-291-2944!

Other Crimes in Pennsylvania

Crimes of Moral Turpitude

Any serious felony offense such as Murder, Arson, Kidnapping, Burglary, or Rape, will undoubtedly prevent you from obtaining or result in a loss of your Pharmacist License.  As will any conviction for all levels of sexual offenses and offenses involving harm to children. Crimes for theft can also result in a license suspension.  These crimes call into question a person’s morals, ethics, character, and judgment.  The crimes fall into the category of crimes of “MORAL TURPITUDE” requiring disclosure.

Mandatory Reporter

As a licensed Pharmacist, depending on the circumstances, you may be considered a MANDATORY REPORTER in Pennsylvania regarding suspected child abuse.  If you fail to uphold the duties and requirements of a MANDATORY REPORTER you will face criminal charges and consequences, as well as the loss of your job and Pharmacist license.

Alcohol and Substance Abuse

If accused or suspected of substance or alcohol abuse, your Pharmacist job, and license is in jeopardy.  Substance and alcohol abuse issues are extremely concerning to the Pennsylvania Board of Pharmacy for apparent reasons.  If abuse is suspected, you can face an investigation and hearing before the Pennsylvania Board of Pharmacy.  The investigation can result in a requirement that you attend and complete drug and alcohol counseling, submitting to random drug screens, and having your position or license placed on probation, restrictions, or terminated and suspended.

For Pharmacists in Pennsylvania suffering from alcohol or drug addiction and abuse, there is a specific national support group with chapters in all major US cities call Secundum Artem Reaching Pharmacists with Help (SARPH).

All categories and levels of criminal charges are taken extremely seriously by the Pennsylvania Board of Pharmacy.  If you are facing criminal charges of any kind, your ability to be a Pharmacist in Pennsylvania is in jeopardy.  For the criminal case and hearings before the Pennsylvania Board of Pharmacy, you must have competent and aggressive legal representation.  Paul S. Peters III, Esquire, with his 20-years of legal experience in criminal defense and licensing defense, will provide the trusted, experienced, and zealous legal advocacy needed to protect your liberty and Pharmacist License.

How We Can Help 

If you are a Pharmacist and facing DUI or other criminal charges, you must immediately obtain an experienced, trusted, and aggressive Criminal and License Defense Lawyer.  You will need representation for both the DUI or other criminal charges and defense of your Pharmacist License before the Pennsylvania Board of Pharmacy.  Paul S. Peters III, Esq. is the trusted, experienced, and aggressive legal partner needed to defend your rights and Pharmacist License in Criminal Court and before the Pennsylvania Board of Pharmacy.

Paul S. Peters III, Esq. handles matters in Pennsylvania arising in:            Montgomery, Philadelphia, Bucks, DelawareChesterLehighLancasterNorthampton, and Berks, County, just to name a few.

Hopefully you do not have to ask the question: How Does a Criminal Conviction Affect a Pharmacist License in Pennsylvania? If you do, then Do Not waste one minute, contact the Aggressive, Experienced, Trusted, and Compassionate Pennsylvania Criminal and Pharmacist License Defense Lawyer, Paul S. Peters III, Esq.

YOU BETTER CALL PAUL!

215-291-2944   

ppeters@thepetersfirm.com

   TRUSTED, AGRESSIVE, ZEALOUS, AND EXPERIENCED PENNSYLVANIA PROFESSIONAL AND OCCUPATIONAL LICENSE DEFENSE ATTORNEY 

If your Professional license is at risk in any of the following Pennsylvania Counties:            MontgomeryPhiladelphiaBucksDelawareChesterLehigh, LancasterNorthamptonBerksAdamsCumberlandDauphinFranklinFultonHuntingtonJuniataLebanonMifflinPerrySnyderYork BradfordCameronCentreClintonLycomingMontourNorthumberlandPotterSullivanTiogaUnionCarbonColumbiaLackawannaLuzerneMonroePikeSchuylkillSusquehannaWayne, and Wyoming County 

It is important you contact the trusted, aggressive, and experienced Pennsylvania Professional and Occupational License Defense Attorney:

 

Paul S. Peters III, Esquire at:

215-291-2944

ppeters@thepetersfirm.com