Kansas Professional Licensing Attorney Explains That Pharmacists Must Follow Ethical Rules To Avoid Disciplinary Action

The Kansas Board of Pharmacy (“the Board”) is the disciplinary body for pharmacists, pharmacies, distributors, and pharmacy technicians practicing in the state. The Board possesses authority to discipline licensees who run afoul of pharmacists’ ethical obligations. Accordingly, the Board issued several disciplinary sanctions to this point in 2016 against pharmacists, pharmacies, distributors, and pharmacy technicians. Analysis of the decisions the Board issues will assist all licensees who are subject to the Board’s disciplinary power can use previous disciplinary decisions as precedent in future disciplinary action.  Kansas professional licensing attorney Danielle Sanger understands the professional and personal strain disciplinary action inflicts upon licensees.

The Board disciplined four pharmacists as of June 2016. In one case, a pharmacist filled a prescription for with the incorrect dosage of the pills. A veterinarian’s prescribed amoxicillin to be administered to a family dog. The pharmacist filled the bottle with 500mg amoxicillin. The veterinarian wrote the prescription for 100mg. The dog fell very ill as a result of ingesting the larger dose. The Board disciplined the pharmacist by ordering him to pay a five hundred dollar fine ($500.00) and attend continuing education classes specified by the Board. Another disciplinary action involved a pharmacist who dispensed two prescriptions with labels that listed the incorrect expiration date. The pharmacist learned of the error and reported it to the Board. The Board fined the pharmacist one thousand dollars ($1,000.00) for the errors. Another pharmacist who was in charge of a pharmacy failed to maintain a proper log book. An inspector employed by the Board found that pharmacists failed to sign in on hundreds of occasions. As a result of this failure to follow protocol, the Board fined the pharmacist-in-charge five hundred dollars ($500.00).

The most egregious conduct to come before the Board involved a pharmacist who pharmacist misappropriated prescriptions in Missouri among other serious ethical violations. The Missouri Board of Pharmacy imposed a period of probation upon the pharmacist’s license with numerous conditions. Consequently, the pharmacist was subject to discipline in Kansas as a result of the Missouri disciplinary action.  The Missouri Board of Pharmacy placed the pharmacist on a term of probation with multiple restrictions. The Board adopted the Missouri factual findings. The Board ordered the licensee to comply with the terms of Missouri’s disciplinary action and will reinstate the license to full privileges only if the pharmacist completed the Missouri probationary period. The Board also ordered the pharmacist to attend drug counseling under the Board’s impaired provider protocol.

Also in 2016, the Board issued a decision reinstating a pharmacist’s license to full status. The Board reinstated the pharmacist’s license after the licensee completed the Board’s Impaired Pharmacy Practice Program. The Board ordered the pharmacist to comply with the conditions previously imposed by the Board with the exception of not practicing pharmacy.

The Board disciplined two pharmacies in 2016 in addition to individual licensees. One pharmacy dispensed a prescription with the label missing from the bottle. The pharmacy learned of the error and corrected the mistake. Notwithstanding, the pharmacy failed to file the requisite report with the Board. Consequently, the Board fined the pharmacy one thousand dollars ($1,000.00) for its failure to self-report. The Board disciplined the second pharmacy for its failure to correct a mistake in data entry then filing a deficient report. The Board fined the pharmacy one thousand dollars ($1,000.00) and ordered the pharmacy to file with the Board a corrective action report.

The Board denied several applications for pharmacy tech licenses in 2016 as well. The Board also suspended one such license. The Board denied pharmacy tech applications for individuals who refused fully to disclose the nature and circumstances of prior criminal behavior or misrepresented their criminal history.  Additionally, the Board suspended one licensee as a result of his felony arrest. The Board reasoned that the licensee committed unprofessional conduct as a result of the arrest.

Kansas Professional Licensing Attorney Fights For Pharmacists Facing Discipline

 Kansas Professional Licensing Attorney Danielle Sanger possesses vast experience defending licensees facing discipline. Attorney Sanger stakes her reputation on her vigorous and zealous representation on behalf of licensees faced with losing their livelihood from license loss. Call Attorney Sanger today at 785-979-4353 to schedule your free consultation.

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