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

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.

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