State Board of Pharmacy (State Board) complaints may be filed against a pharmacist by a patient, colleague, employer, and/or other regulatory agency, such as the State Department of Health. But did you know that states often have specific laws and regulations that mandate reporting of criminal convictions? Failing to self-report a criminal conviction to a State Board of Pharmacy is typically a serious offense that constitutes unprofessional conduct and can lead to significant disciplinary action. This license protection case study, presented by CNA and HPSO, involves a licensed pharmacist who was arrested on charges of driving while impaired and convicted of reckless driving.
Summary
The insured pharmacist was employed by a large pharmacy chain for approximately three years at the time of the incident. The pharmacist reported that for the two weeks leading up to the incident, the pharmacy was short staffed. A coworker had resigned, and it was necessary for the pharmacist to work extra shifts to maintain the normal pharmacy hours of operation. Because of the short staffing and due to a personal family matter, the pharmacist stated that he had trouble sleeping.
On the day of the incident, the pharmacist finished his shift and was driving home. Police witnessed a traffic collision involving the pharmacist’s vehicle and a truck. In speaking to the pharmacist at the scene of the accident, they noted signs of impairment including slurred speech, confusion, and drowsiness. The pharmacist was arrested on suspicion of driving while impaired, failure to maintain lanes, and reckless driving. He was ultimately convicted of reckless driving. The pharmacist had no prior arrests, or alcohol/drug related offenses.
During a subsequent shift, the pharmacist shared information about his accident with a coworker. The pharmacist’s coworker became suspicious because she had recently discovered an empty benzodiazepine container, which she reported to the pharmacy owner. While investigating the missing medication, the pharmacist was seen on video surveillance dropping three tablets on the floor. Rather than disposing of them, as per protocol, the pharmacist put the tablets in his pocket.
When confronted with this evidence, the pharmacist admitted that he stole the tablets. Based on these findings, the pharmacist was terminated from his position. The owner then filed a complaint with the State Board, which opened an investigation into the pharmacist’s conduct.
The Board’s Investigation
The Board’s investigation focused on two matters: the pharmacist’s conviction and the allegations of missing doses of a controlled substance at his place of work.
According to State Board interviews with the pharmacist, he first explained to the Board that he didn’t realize there was a requirement to self-report convictions to them. When the charges of driving while impaired were amended to reckless driving, a misdemeanor in the state, he thought this excused him from the reporting requirement. When questioned, the pharmacist admitted that he was aware of the state’s requirement to self-report within 30 days of his conviction.
With regard to the missing medication, the pharmacist explained that he had every intention to properly dispose of the dropped tablets but was too busy at the time. Instead, he said that he threw them away outside of the pharmacy. When confronted with the security footage, he admitted to taking the medication. The pharmacist stated that he was going through some personal issues as well as insomnia, and he took the tablets because he thought this was a “victimless crime.” In the end, he admitted to needing the medication to help him fall asleep. He expressed deep regret for his lapse in judgement. On his own accord, he sought help from a therapist after the incident.
Resolution
The Board of Pharmacy issued a disciplinary charge for being convicted of a crime in relation to the duties of a pharmacist. The Board also suspended the pharmacist’s license, and placed him under restrictions including orders to:
- Contact and enroll in the Pharmacists Recovery Program (PRP)
- Enroll with an approved drug and alcohol testing vendor, and submit to random drug tests
- Attend support group meetings
- Continue therapy until the therapist reports it is no longer required
- Complete an ethics course
- Inform all present and prospective employers of the board action
- Report to the board quarterly on compliance with probation conditions.
Total incurred: More than $4,300.
(Note: Monetary amounts represent solely the legal defense expenses paid on behalf of the insured pharmacist.)
Risk Control Recommendations for Pharmacists
Consider the following concepts and behaviors to help mitigate the risk of Board complaints related to substance use:
- Recognize the stressors that may lead to substance use and allegations of unprofessional conduct. Whether pertaining to oneself or one’s staff, stressors should be identified and addressed. Employers should maintain a culture of open communication wherein personnel feel comfortable raising concerns to their supervisors about their working conditions or personal matters when those issues impact their work performance or well-being. When possible, a staff member’s responsibilities may be altered to minimize the risk of becoming overwhelmed by stress from their work.
- Proactively seek support to manage situations or circumstances that may increase substance use vulnerability. Seek resources and treatment for mental health issues and/or substance use before self-medication escalates, endangering a pharmacist’s license, practice, or their patients.
- Maintain awareness of one’s own consumption of prescribed and recreational substances. Pharmacists should be knowledgeable about the dangers of substance misuse and pay close attention to when their own use of substances before it becomes problematic.
- Create intra-team processes to preemptively identify mental health concerns. In addition to maintaining a culture of openness, employers can plan regular check-ins with team members so that mental health issues among team members can be addressed collaboratively.
- Annually review the state scope of practice, state pharmacy practice act, and workplace policies and procedures. Modify workplace protocols to align with legal and regulatory changes. Practice only within these parameters, keeping in mind that the most stringent of the regulations, standards or policies must be followed.
- Understand and comply with state self-reporting requirements. Many states require licensed health professionals to self-report incidents involving substance use or conviction of a crime.
- Pharmacists and other pharmacy personnel may wish to access extensive well-being resources available from the American Pharmacists Association, including information on stress and resiliency, substance use, workplace issues, and more. One resource allows personnel to complete a research-validated well-being survey. With this online tool pharmacy team members can evaluate and track risks to well-being that may affect the workplace and their personal lives such as fatigue, depression, burnout, anxiety and stress.
Disclaimer
The information, examples and suggestions presented in this material have been developed from sources believed to be reliable as of the date they are cited, but they should not be construed as legal or other professional advice. CNA, Aon, Affinity Insurance Services, Inc., NSO, or HPSO accepts no responsibility for the accuracy or completeness of this material and recommends the consultation with competent legal counsel and/or other professional advisors before applying this material in any particular factual situations. This material is for illustrative purposes and is not intended to constitute a contract. Please remember that only the relevant insurance policy can provide the actual terms, coverages, amounts, conditions and exclusions for an insured. All products and services may not be available in all states and may be subject to change without notice. Certain coverages may be provided by a surplus lines insurer. Surplus lines insurers do not generally participate in state guaranty funds, and insureds are therefore not protected by such funds. The claims examples are hypothetical situations based on actual matters. Settlement amounts are approximations. Certain facts and identifying characteristics were changed to protect confidentiality and privacy. Any references to non-CNA, non-Aon, AIS, NSO, and HPSO websites are provided solely for convenience, and CNA, Aon, AIS, NSO and HPSO disclaim any responsibility with respect to such websites. “CNA” is a registered trademark of CNA Financial Corporation. Certain CNA Financial Corporation subsidiaries use the “CNA” trademark in connection with insurance underwriting and claims activities. This material is not for further distribution without the express consent of CNA. Copyright © 2025 CNA. All rights reserved.
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