Missouri Professional Licensing Attorney Discusses Disciplinary Decision Regarding Marijuana Use

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States across the nation have slowly started to legalize recreational use of marijuana and medicinal use of marijuana. Ingesting the substance is no longer the anti-social behavior it once was. The stigma is all been removed from marijuana users. However, use of any substance, whether legal or not, that impairs one’s ability to perform their duties to the degree required by law is committing a violation of the rules and regulations promulgated by the Board of Pharmacy as well as state law. Missouri professional licensing attorney Danielle Sanger aggressively represents clients facing professional discipline and draws upon her vast experience to defend her clients and protect their livelihood.

In January of 2017, the Missouri Board of Pharmacy (“the Board”) issued a disciplinary order against a pharmacist for her marijuana use. The pharmacist previously faced disciplinary action in Colorado where she was once a licensed pharmacist. In Missouri, she tested positive for marijuana use. During her disciplinary hearing, the pharmacist testified that she had used marijuana since 2008. However, the pharmacist testified that she experienced migraine headaches which caused nausea and dizziness. According to the licensee, she took the marijuana to ease her symptoms.

The question before the Board was whether the pharmacist should be disciplined because of her medicinal marijuana use. The pharmacist argued that although the Board could discipline her license, the Board should decline to exercise their right to do so. In support of her argument, the pharmacist cited the fact that she only used marijuana eight or ten times and only after a prescription migraine medication failed to relieve her migraine symptoms. The licensee argued that the Board should treat marijuana differently than other Schedule I drugs because of marijuana’s medicinal properties that have been recognized in the medical community. Furthermore, the pharmacist argued that the Board should not discipline her license because she was trying to obtain employment in a hospital. She was working in retail pharmacy but wanted to change careers.

The Board countered the pharmacist’s argument by claiming that the pharmacist had other therapeutic options available to her. For example, the Board pointed out that the licensee could have sought relief from prescription medications. The Board further elicited evidence from the pharmacist that the state of her headaches did not change when she used marijuana. Finally, the pharmacist agreed that her license is subject to discipline and agreed to oversight even though she did not believe it was necessary.

The Board chose to impose discipline on the pharmacist’s license. The Board placed the pharmacist on probation for two years instead of suspension or revocation. During the probationary period, the pharmacist was prohibited from acting as a pharmacist in charge, teach, or act as a consultant. The pharmacist was also ordered to provide documents within three (3) days of the Board’s request. Also, the Board’s disciplinary order obligates the pharmacist to attend interviews when deemed necessary by the Board and otherwise cooperate with the Board’s demands, if any.

The Board issued orders to ensure that the pharmacist remained drug-free. The Board ordered her to submit to drug testing by urinalysis, or analysis of her blood, hair, skin, or saliva. Furthermore, the Board added a term that the pharmacist must give the disciplinary order to her employers.

For More Information

Missouri Professional Licensing Attorney Danielle Sanger has earned her reputation as a zealous advocate for professional licensees in Missouri. Attorney Sanger has dedicated her career to representing professionals who are facing licensing discipline. Her vast experience and dedication to her clients separates her from other attorneys. Call Attorney Danielle Sanger today at 785-979-4353 to schedule a consultation and learn how Attorney Sanger can make the difference for you.

Why You Should have a Lawyer if you are Facing Professional Discipline

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Kansas and Missouri professional licensing attorney Danielle Sanger is a dedicated and zealous advocate for professional licensees.  Attorney Sanger recommends, based on her vast experience representing hundreds of clients before various disciplinary Boards in both Kansas and Missouri, that you hire experienced, competent, and skilled representation if you learn that you might be the subject of a disciplinary investigation. There is too much on the line for you, your professional life, and your family to risk confronting disciplinary boards on your own. This advice is not intended as an insult to your intelligence. Quite the contrary, your status as a professional licensee demonstrates your level of intelligence and dedication to the study of your particular discipline. However, representing yourself in a legal matter is very difficult. Even lawyers hire lawyers to represent themselves when they encounter legal trouble. Therefore, it is in your best interest to seek representation to help you protect your livelihood.

What Can Happen If You Do Not Hire An Attorney?

Licensing boards have an interest in making sure that their licensees comply with the law as well as the regulations of the profession. Licensing boards exist for one reason: to protect the public. Licensing authorities in both Kansas and Missouri take their responsibilities seriously and will issue orders that are in the interest of public safety.

The outcome of your investigation will depend upon numerous factors. The primary factor relates to the nature of the infraction and the seriousness thereof. Disciplinary boards enjoy wide discretion when imposing professional discipline. The licensee’s history of ethical violations will have an impact on the severity of the sanction. Multiple offenses will not be taken lightly by any licensing authority. Consequently, the severity of the penalty can increase with every violation.

The more severe rules violations may cause the licensing authority to impose the most severe sanction available to it: revocation of the professional license. You could be the beneficiary the lesser sanctions depending on the nature of the allegations and your history of prior discipline. A licensing authority enjoys the discretion to suspend a license, place a licensee on probation for a period of time, subject to the satisfactory completion of conditions.  Alternatively, licensing boards may issue public censures, private reprimands, and may order the licensee to pay fines.

What Can Happen If You Have Legal Representation?

The same sanctions can be imposed. The potential consequences do not change merely because you sought representation. However, having counsel provides you with an advantage over those who choose to represent themselves. A lawyer can negotiate a less severe sanction for you that allow you to keep your license so you can continue to work and support yourself and your family.

Additionally, a competent professional licensing attorney understands the range of possible sanctions after researching previous disciplinary decisions the board has made.  Your lawyer can advise you on the board’s decisions and argue that previous precedent should apply or not. Sometimes the better argument is to distinguish your situation from all others.

Your professional licensing attorney can help you contest the accusations. You have a right to a fair and impartial hearing, the right to confront witnesses, and the right to produce witnesses to testify for you. Your attorney can prepare a case that could exonerate you, if not at the hearing level, then in court after an appeal for review.

Attorney Danielle Sanger: Aggressive Advocate For Professional Licensees

Call Kansas and Missouri Professional Licensing Attorney Danielle Sanger has earned the reputation for vigorously defending professional licensees. She understands the impact a mistake can make in your professional life. Attorney Sanger will defend you and fight for you and your family. Call Attorney Sanger today at 785-979-4353 to schedule a meeting with a professional licensing attorney.

 

Kansas Professional Licensing Attorney Addresses Disciplinary Actions In 2017 By The Kansas Board Of Pharmacy

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To this point in 2017, the Kansas Board of Pharmacy (“the Board”) has issued six disciplinary decisions against pharmacists. One decision related to the admission as a pharmacist in Kansas and the other five were issued against practicing pharmacists. These decisions must be carefully reviewed by pharmacists who are under investigation or currently facing disciplinary action so they can analogize or distinguish the facts of their situation with theirs. Understanding the Board’s disciplinary rationale assists Kansas professional licensing attorney Danielle Sanger when informing her clients about the range of potential discipline. Additionally, reviewing disciplinary decisions can assist Attorney Sanger with learning the tenor of the Board which, in turn, will guide her to give the proper advice to her clients.

In one disciplinary decision, the respondent licensee faced allegations of failing to fill a prescription correctly. The complaint issued by the Board alleged that they received a complaint from a healthcare provider that the pharmacist in question failed to verify the quantity of narcotics dispensed. The problem stemmed from a change in the patient’s prescription for Percocet. The quantity improperly dispensed was the amount for an old prescription and not the latest order. The licensee failed to verify the proper quantity after a technician filled the order.After finding a violation, the Board fined the pharmacist $500. The Board also ordered the licensee to complete three continuing education requirements and submit a corrective action plan.

In another decision, the Board denied admission to an applicant. The applicant applied for a reciprocal transfer as a pharmacist into Kansas. On her application, the pharmacist admitted she was previously convicted of a crime as well as admitting to having a substance abuse problem. However, the applicant claimed she gave no positive urine test for illegal substances within the previous five years. The Board sought clarification of these issues before ruling on the application. The applicant failed to respond and, accordingly, the Board denied the application.

The Board disciplined another pharmacist for continued drug use. This pharmacist had previously been the subject of a Consent Order originating from a complaint alleging substance abuse wherein it was alleged that the pharmacist diverted narcotics to self-medicate without a prescription. The pharmacist was subject to additional disciplinary action after an allegation came to light of the licensee’s use of an over-the-counter drug the is listed on a prohibited list. Therefore, the licensee violated the previous Consent Order. The Board ruled that the licensee must continue to seek treatment through the Kansas Pharmacy Recovery Network for an additional five years.

In the most lenient disciplinary action in 2017 to date, the Board fined a pharmacist $5.00 per day for every day the pharmacist failed to file a registration change from pharmacist-in-charge. The total penalty was $70.00.

The Board punished another pharmacist who failed to sign a report. The pharmacist was on-duty when another pharmacist filled a prescription and transposed the dosage. The error was duly reported, and a report prepared. However, the licensee refused to sign the report. The Board fined the licensee $500.00 for refusing to sign a report that the licensee had an obligation to sign.

Finally, the Board fined a pharmacist-in-charge of a pharmacy when the pharmacist permitted a pharmacy technician to continue to work after her registration expired. The pharmacist knew of the problem and disregarded it.

Pharmacists Can Turn To Attorney Danielle Sanger For Guidance

While some of the disciplinary actions in 2017 were nominal fines, the Board possesses the authority to revoke a pharmacist’s license. Therefore, matters pending before the Board should not be taken lightly. Kansas Professional Licensing Attorney Danielle Sanger will fight to protect your rights and your livelihood if you are facing professional discipline. Call Attorney Sanger today at 785-979-4353 to schedule a consultation.

Missouri Professional Licensing Attorney Discusses Registration With The Bureau Of Narcotics And Dangerous Drugs

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Any business or other entity who deals in or with controlled substances in Missouri must register with the Bureau of Narcotics and Dangerous Drugs (“the Bureau”). It is important for medical practitioners, pharmacists, nurses, and other health care providers and their employers to understand the importance of maintaining good standing with the Bureau and the consequences of violating the rules and regulations promulgated by the Bureau. If you are a medical practitioner, pharmacist, or another registrant of the Bureau and you face professional discipline, professional licensing attorney Danielle Sanger could help. Attorney Sanger possesses vast experience successfully representing professional licensees who are facing professional discipline.

Who Must Register With the Bureau?

In Missouri, a person, business, or other entity who wishes to deal with controlled substances must register with the Bureau. The rule is broad. It encompasses any individual or company that purchases, stocks, prescribes, or administers controlled substances. Additionally, any person, business, or entity that desires to conduct research with controlled substances must file a certificate of registration with the Bureau.

What Is The Bureau’s Authority And Jurisdiction?

The Bureau’s authority extends to controlled substances exclusively. Other drugs do not fall within the purview of the Bureau. Specifically, the Bureau is concerned with the safety, security, and record keeping required by Missouri law. Additionally, the Bureau does not have any authority to investigate practice related matters such as under-prescribing and over-prescribing of controlled substances by medical providers. The Bureau, if it receives complaints related to practice issues, will refer the complaints to the appropriate licensing authority governing the issue.

What Is The Bureau’s Authority To Inspect Records and Substances?

Prescriptions, orders, and records which Missouri law obligates a practitioner or dispenser to maintain may be examined. Stocks of the controlled substances are also subject to inspection. The records, orders, and prescriptions, as well as the stocks, may be investigated by federal, state, county, and municipal law enforcement officers provided that the inspecting law enforcement officer has the duty to enforce the narcotics laws of Missouri or the United States. The record holder will enjoy civil immunity if the record holder turns over documents pursuant to a lawful request. It is important to note that the inspecting officers have a duty to adhere to the rules governing confidentiality to which practitioners are subject.

What Are The Most Common Violations Registrants Commit?

Errors and omissions in record keeping are reportedly the most common violations committed by registrants of the Bureau. Records violations include the failure to conduct annual inventories properly, failing to retain records for the appropriate length of time, and failing to document dispensing logs. Major violations include falsifying records or destroying records.

The Bureau is also concerned with safety violations. Controlled substance safety violations endanger the public. Safety violations include failing to provide security for controlled substances, stealing drugs, self-administering drugs, having custody over controlled substances while impaired, and issuing prescriptions in bad faith.

What Are The Range Of Penalties For Violations?

Penalties for which the Bureau has the authority to issue range from non-public actions to public actions. The penalty is largely dependant upon the severity of the infraction and the registrant’s history of previous transgressions. Non-public actions include a written letter of reprimand or a letter of censure. Public actions include denial of an application to register, a probationary term with conditions, suspension, or revocation of registration.

Violations Of The Bureau’s Regulations Could Have Collateral Consequences

Missouri professional licensing attorney Danielle Sanger has dedicated her career to representing professional licensees. She understands that professional discipline could have an adverse affect on your career as well as your home life. Contact Attorney Sanger today at 785-979-4353 to schedule a consultation.