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Pharmacists and Pharmacy Corporations

Simas & Associates, Ltd., has a long and successful history representing ophthalmologists and optometrists throughout the State of California.

Legal Defense Against the Board of Pharmacy

Being contacted by the California Board of Pharmacy to respond to charges of professional misconduct may feel like a career-ending event. It is not.

Rather, the Board is required to investigate any complaint it receives from many sources. This could include patients, an insurance company, an employer, a colleague, or from a report filed with National Practitioner Data Bank. As a subunit of the Department of Consumer Affairs, the Board does cast a critical eye towards it individual licensed pharmacists and pharmacy corporations to make sure that they are not only in conformity with the laws governing pharmacies but also that they are in-keeping a professional reputation. By that, the Board of Pharmacy will discipline licensed pharmacists for seemingly unrelated criminal convictions.

That being said, with competent representation, you will not needlessly lose your license. Rather, if you work with attorneys like those at Simas & Associates, Ltd., you will know your rights, know how to respond to an investigation or what to do when the matter boils over into a Statement of Issues or Accusation. Since 2002, our law firm has been able to help dozens of incoming pharmacist obtain a license and protect the licenses of existing pharmacists and pharmacy corporations. While sometimes those cases result in negotiated stipulated settlement agreements, requiring probation, continued education courses, restitution, and restrictions on practice, other times, cases have been resolved with only a letter of instruction or citation.

Legal Defense Against Drug Enforcement Agency

Another major component of healthcare licensing investigation and matters stem from the U.S. Drug Enforcement Agency (DEA). The DEA is constantly investigating and auditing all healthcare professionals with access to controlled substances. 

The DEA sees the Pharmacist and Pharmacy Corporation as the final check of the legitimacy of a prescription being sought. Remember, the prescription could have been issued by a shady physician or being sought for unnecessary reasons by a patient. The decision of the Pharmacist or Pharmacy Corporation determines if the drug is appropriately dispensed or is at real risk of going onto the street as an illegal drug. 

Furthermore, the DEA is concerned about those else in connection with controlled substances. The loss of a controlled substance can happen at so many points – from ordering, transit, receipt, check-in, review of purchase invoices, storage, and security – it wants to make sure Pharmacy Corporations are engaging in appropriate background checks and implementing appropriate safety nets to ensure its team is not contributing to the problem.

Legal Defense Against Insurance Companies, Employers

In addition to Simas & Associates, Ltd., has enjoyed a number of successful cases against insurance carriers and employers in their attempts to terminate the provider or member status or employment of a pharmacist throughout the state of California. Often times, license discipline from the Board of Pharmacy or DEA will move the insurance carrier or employer to terminate the relationship. However, our law firm has been able to oppose efforts when inconsistent with provider and employment contracts. Furthermore, through use of extensive evidence of rehabilitation, mitigation, and character, we have been successful at convincing both insurance carriers and employers to waive the right to terminate and provide the Pharmacist with a second chance.  

Legal Defense and Counsel

Based upon our team’s dedication to defending the rights of healthcare professionals, and our numerous successes representing pharmacists, we provide the following complementary services and legal representation, in addition to healthcare license defense:

When a pharmacist or pharmacy corporation faces one of the above matters, having competent Health Care Law counsel understands how each interrelate and appreciates the collateral consequences of each is imperative. And at Simas & Associates, Ltd., we do. Contact us today for your free and confidential initial attorney consult.