Texas State Board of Pharmacy License Defense Attorneys
The attorneys at Ray & Weinstein, P.C. represent clients in Texas State Board of Pharmacy License Defense cases. Texas Pharmacists face a significant number of rules and regulations promulgated by the Texas State Board of Pharmacy. Any alleged violation of these rules and regulations can result in an obstacle to a Pharmacists ability to practice in Texas. The firm practices Texas TSBP License Defense. From Texas TSBP application Denial Hearings to Complaints, the firm’s goal is to provide effective and efficient legal representation to the firm’s Texas TSBP License clients in these Locations of Practice.
Texas State Board of Pharmacy License Defense Lawyers
Many individuals possess Pharmacist Licenses issued by Texas TSBP. Most Texas TSBP licensed Pharmacists have minimal or no contact with the disciplinary systems of the Texas State Board of Pharmacy. For Texas licensed Pharmacists who become part of the Texas TSBP disciplinary process, the consequences are profound. The Texas Administrative Law disciplinary process is complex, procedural and time consuming.
Texas TSBP Investigation Defense Lawyers
The majority of Texas State Board of Pharmacy License disciplinary investigations begin with the filing of a consumer Complaint. However, disciplinary investigations also can arise from other events, such as a criminal conviction or criminal investigation. Texas TSBP utilizes non sworn civilian investigators to conduct non criminal investigations against licensed Pharmacists. Texas TSBP works with Texas law enforcement agencies to investigate criminal and administrative law violations committed by Texas Pharmacists. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.
It is important to have an attorney that understands the Texas State Board of Pharmacy License disciplinary process. At the conclusion of a Texas TSBP investigation, Texas TSBP has several options. The Texas State Board of Pharmacy can choose to close the Complaint. Texas TSBP can choose to issue an Administrative Penalty. The Texas State Board of Pharmacy can also choose to refer the matter to its legal counsel for the filing of formal Administrative disciplinary charges, generally called a Complaint. Texas TSBP legal counsel will determine whether cause exists to file a Complaint. Texas TSBP may hold an Informal Conference with the licensee. In cases involving criminal conduct, the Texas State Board of Pharmacy may refer the case to the District Attorney’s Office for criminal prosecution.
Texas TSBP Complaint Defense Attorneys
A Complaint served on a Texas Pharmacist serves as notice to a licensee that Texas TSBP intends to suspend or revoke the Texas Pharmacist License. The licensee, now called the Respondent, has only a specific number of days from the date that the Complaint (not received, but served) to file a Request for Hearing. The failure to file a Request for Hearing results in a Default against the Texas Pharmacist License. A Default will result in the immediate Revocation of the Texas Pharmacist License.
The filing of a Complaint is a serious matter that can result in the suspension or revocation of a Pharmacist License in Texas. In many cases, it is possible for licensees to reach a settlement with the Texas TSBP. An Agreed Board Order is a formal term for a settlement agreement. If an Agreed Board Order cannot be reached, the parties will proceed to a formal Hearing before the Texas State Office of Administrative Hearings (SOAH).
Texas State Board of Pharmacy Hearing Attorneys
The Texas State Office of Administrative Hearings, also known as SOAH, hears Texas TSBP disciplinary matters. SOAH is headquartered in Austin, but may hold Hearings remotely or in other locations. Hearings may be held in Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Houston, Lubbock or San Antonio. The Texas TSBP Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.
The Administrative Law Judge, or ALJ, will issue a written Proposal for Decision approximately 60 days after the Hearing. The Texas State Board of Pharmacy and the Respondent generally both have the ability to file responses to the Proposal for Decision, called Exceptions and Briefs. The Texas State Board of Pharmacy action is called the Final Order. There are two main rights of Appeal of a Final Order. Texas Government Code § 2001.144 allows a licensee to file a Motion for Rehearing within 25 days after the Final Order is issued. If a Motion for Rehearing is denied, the Respondent can file a Request for Judicial Review in Travis County District Court in Austin. A Request for Judicial Review must be filed within 30 days of the denial of the Motion for Rehearing.
Texas State Board of Pharmacy License and Criminal Convictions
Texas TSBP can discipline Pharmacist Licensees for criminal convictions. Administrative Law discipline for Texas Pharmacists primarily occurs for felony criminal convictions and criminal convictions related to the Pharmacist License. The Texas State Board of Pharmacy and other law enforcement agencies also investigate criminal conduct by licensees in the course and scope of their license. Common criminal offenses that can cause Texas TSBP License discipline are:
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Texas TSBP License Denial Defense Attorneys
The Texas State Board of Pharmacy thoroughly investigates all applicants for Pharmacist Licenses. Texas TSBP may deny licensees from other states and countries. Most Texas Pharmacist License denials occur due to criminal convictions, financial problems or misstatements on the Pharmacist License application. Denial Hearings and Complaint Hearings before the State Office of Administrative Hearings involve a similar procedure. However, in a Pharmacist License Denial Hearing, the applicant bears the burden of proof.
Texas State Board of Pharmacy Petition for Reinstatement Lawyers
A Petition for Reinstatement allows individuals who have received a Texas TSBP License Revocation to reinstate their Texas Pharmacist License. The Petition for Reinstatement may result in an investigation by Texas TSBP. Subsequent to an investigation, the Texas TSBP may issue the license, issue the license with a corresponding Agreed Board Order (settlement), or deny the license. Texas TSBP may schedule an Informal Conference prior to determining whether to grant or deny licensure. Rehabilitation from past misconduct is a primary factor in a Petition for Reinstatement.