No Texas pharmacist plans to be the subject of a Board of Pharmacy complaint or investigation. Nevertheless, the Board conducts many investigations each year.
If you receive notice that you are under investigation, understanding the Board’s investigation process and knowing what to expect is important to ensure that you do not harm your case.
Notice by mail
The Board may send you an official letter stating the allegations against you and informing you of its investigation. In this scenario, you have several options: agree to the terms of a proposed consent order drafted by the Board; formally respond to the allegations in writing; agree to attend an informal settlement conference to attempt to resolve the complaint; or request a trial before the Office of Administrative Hearings. Always respond to accusations in writing. Use extreme caution, however, and be aware that the Board may use your statements against you.
In the alternative to sending notice by mail, a Board investigator may show up at your home or place of employment with no notice. Drug Enforcement Administration agents or law enforcement officers could accompany the investigator. While such a visit may be very intimidating, be extremely careful. Avoid making any statements that could harm your case. Do not surrender evidence unless the agents produce a warrant. Take time to carefully review the allegations against you. You have the right to consult with counsel before responding to the complaint.
If you are the target of a Board investigation, take the time to understand your rights and obligations. An uninformed or poorly thought-out response could jeopardize your license and your career.