NYC Pharmacist License Defense Attorneys

New York Pharmacist License Lawyer

Our team has been defending New York pharmacists in disciplinary actions for more than a decade. We have successfully argued for hundreds of pharmacists in front of the New York Board of Pharmacists and the New York State Department of Education Office of Professional Discipline, with fantastic results to show for our clients.

Understanding the Disciplinary Process

Every licensed pharmacist in the State of New York who becomes the subject of a disciplinary complaint comes under the jurisdiction of the State Department of Education Office of Professional Discipline (OPD). The OPD retains the authority to investigate and prosecute pharmacists and many other licensed professionals for what the state law lists as occurrences of professional misconduct. The complete list is rather extensive, covering almost forty offenses. Here are some of the most common examples of professional misconduct amongst New York pharmacists that we have seen:

• Conviction for any crime in any jurisdiction
• Fraudulent practices
• Abuse of controlled substances
• Keeping numerous misbranded or expired medications for sale
• Maintaining outdated drugs in the pharmacy’s drug stock
• Theft of medications from the pharmacy
• Unauthorized removal of medications from the pharmacy for personal use
• Failure to establish sufficient supervision of a pharmacy
• Allowing unlicensed and unauthorized persons to work in the pharmacy
• Selling drugs that have not been approved by the FDA
• Failing to inform the Pharmacy Board when there is a change of supervisor or supervising pharmacist
• Commingling food with medication in the pharmacy refrigerator
• Failing to maintain a thermometer in the pharmacy refrigerator
• Failing to maintain a biennial controlled drug inventory
• Getting prescription-required medication without authorization

Initiation of Disciplinary Cases

There are a number of ways disciplinary cases against pharmacists may come about. Many start when a complaint gets filed with the Board of Pharmacy. Many cases get launched after routine pharmacy inspections and audits. Potential misconduct that comes to the attention of the board triggers the involvement of the Office of Professional Discipline and at some point the targeted pharmacist gets a letter saying that they are being investigated for misconduct and that they are to report for the interview with the investigator.

One important detail to understand is that as a licensee, pharmacists are obligated to comply with an investigator for the most part, but he or she is not obligated to talk or interview with the investigator. In actuality, we consistently recommend against it and strongly suggest that our pharmacists exercise their right to speak with an attorney and to secure legal counsel before discussing anything with anyone, especially the OPD investigator. This is primarily because anything you say to the investigator can and will be used against you and you are highly likely to unwittingly make damaging statements during an interview. Discussing your matter with an experienced OPD attorney who has also handled cases involving pharmacists before you speak with the investigator may literally save your license to practice.

Spodek Law Group, P.C. - NYC Criminal Attorneys

5.0

Based on 745 reviews

George Fernandez

14:16 30 Apr 24

Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.

Raj

21:33 24 Apr 24

If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!

Yelva Saint-Preux

19:26 19 Apr 24

I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.

Katherine Sun

18:08 18 Apr 24

my lawyer is Alex Zhik. Efficient, patient and professional

Nun ya

17:48 18 Apr 24

Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.

Keisha Parris

20:45 15 Mar 24

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

16:26 15 Mar 24

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!

K Mar

01:37 25 Jan 24

I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

Investigation and Legal Process

At the conclusion of the investigation, an Investigative Committee decides whether or not there is enough evidence in the file for the legal basis to press disciplinary charges against the pharmacist. If the evidence is insufficient, the case gets dismissed. If the evidence is sufficient, the assigned prosecutor will notify your attorney and that begins the long process which will result either in a consent agreement between the pharmacist and the board or in a full disciplinary hearing. In some respects, this resembles the procedure in criminal cases where the defendant has the right to go to trial but may alternatively work out a plea bargain with the government.

Potential Penalties and Results

In pharmacist disciplinary matters, the state inflicts a variety of penalties on a pharmacist. The most severe of them all is license surrender or revocation. Other possible actions include license suspension, both actual and stayed, probation, censure and reprimand, mental and drug evaluation and treatment, and monetary penalties.

The results of a disciplinary case depend on numerous factors. Clearly, when your professional license, your livelihood, and your whole career are on the line, having it all taken away from you is not an option. That is the reason we recommend always consulting with an experienced lawyer as early in the process as possible. Make certain that the attorney you decide to enlist has represented pharmacists before the Pharmacy Board and the Office of Professional Discipline. There are thousands of good lawyers practicing, but when it comes to the highly specialized area of pharmacist representation in OPD cases, you should get someone with expertise and a solid track record. You will be able to access those kinds of attorneys at our office.

We have achieved excellent results over the years of standing for pharmacists in New York City and New York State. We lend our experience as well as personalized service and reasonable flat fees in the majority of the cases we take. Give us a call today for an immediate consultation with a New York pharmacy license defense attorney.

The Importance of Legal Representation for Pharmacists in New York

As a pharmacist, you are an essential part of the healthcare chain, and it is your role to ensure that people get the best care. However, this importance also comes with some degree of oversight. In every state, including New York, there is a disciplinary board that has the responsibility of regulating the functions of pharmacists and is in charge of distributing licenses. This board also has the power to investigate the performance and conduct of licensed pharmacists. In a nutshell, the board has a lot of power, and you should be careful not to give the board a reason to launch an investigation into your professional conduct. If you do so, you risk jeopardizing your career.

In case you are accused of professional misconduct, inappropriate action, or abuse, you should engage an NYC defense attorney to secure your future in any disciplinary hearing or investigation. You need powerful and effective legal representation when your livelihood and reputation as a pharmacist are at risk.

New York Pharmacist Investigation Procedure

Pharmacists in New York are subject to discipline for any misconduct by the State Department of Education in the Office of Professional Discipline or OPD. Investigations can be launched if there is a complaint or after a criminal conviction. Whatever the case, the stakes are very high, and you cannot afford to take a wrong turn. During the investigation, you will be contacted by an OPD detective by a letter, and as a licensee, you are obligated to comply fully. This means that you should submit any documents upon request by the investigator. However, you are not allowed to speak to the investigator about your case. Investigators will also demand that you submit all records and interview witnesses. Therefore, before you submit any information that has been requested by the investigator, make sure you have reviewed it carefully with your attorney.

Cases of misconduct are often investigated with audit investigations by different agencies in case you are suspected of participating in fraud, violation of substance control, substandard care, and other issues. You should remember that any information and statements that you submit in the course of a misconduct investigation can be used by other agencies. Therefore, for the best results, consult an attorney who has experience in all the aspects covered in a health care investigation.

A good lawyer can, in some cases, convince the OPD on your behalf to terminate the investigation process without effect. However, if the investigator believes that the evidence compiled is enough, they will create a report and submit it to the investigative committee. At this point, a prosecutor takes over the case, and your attorney can deal with them to try and resolve the matter. In some cases, the prosecutor can agree to settle. Your attorney will examine the proposal from the prosecutor and advise you on the best options so that you can make an informed decision.

If the evidence submitted to the board proves that you committed offenses, chances are that you will be excluded from some programs, be prosecuted, and fined heavily. As a pharmacist, you should be aware that you may be liable for fraud if it is proved that you willingly allowed another person to commit fraud. Therefore, if you are concerned about any allegations of drug violation or fraud, you should get an experienced attorney. Your lawyer will help you set up a compliance program and create a mechanism that will minimize the occurrence of any violations by early detection, effective correction, and prevention.

Depending on the nature of your misconduct, the board can also decide to permanently revoke your license. This is the worst-case scenario, and you will need a strong response if you want the board to reconsider its decision. A license revocation means that you will have to wait for a span of three years before applying to get reinstated. During the three years, you should work to prove to the board that you have repented and have rehabilitated your old ways. Your actions should prove that you will not repeat such a mistake again in the future. You should also prove that you have still retained your knowledge. The most important thing is to show that you are remorseful for your previous actions and do not attempt to argue with the board about its decision. Your lawyer can assist you in every step on what to do.

One tricky part of this process is that after the investigation or after your license has been terminated in New York, you can be investigated by the boards in other states that you hold a license. This means that it is impossible to move from New York to other cities or states to practice or apply for a new license. All boards are supposed to share their information to avoid such cases. Being investigated in one state jeopardizes your position with any other state board around the country.

Apart from investigations by the OPD, your license can be affected by investigations by other agencies, including the DEA, FDA, Department of Justice, and other state local law enforcers. The defense process is not easy, and the best decision you can make in your life at this point is to hire an experienced advocate. The earlier you consult one, the better for you to stand a chance to retain your license. Ensure you get a pharmacist defense attorney who can represent you at any stage of the investigation, during criminal prosecutions, appeals, and disciplinary hearings