Pharmacist License Defense in Massachusetts

A Board of Pharmacy matter can start with an inspection, a dispensing error, a controlled-substance count that doesn’t reconcile, or an arrest that has nothing to do with work. However it starts, what you say to the Board’s investigators, and when, can decide whether it ends with a dismissal or with discipline that follows you to every state where you’re licensed. Call (978) 273-8337 before you respond.

A lawyer who knows medication safety from the clinical side.

I’ve been a registered respiratory therapist since 2005 and a registered nurse since 2010. As a respiratory therapist I spent many years at the bedside providing hands-on respiratory care. As a nurse I’ve worked in critical care and the intensive care unit of an acute care hospital, and I’ve held management roles in that setting. Critical care nursing runs on medication administration, so I understand how a medication error or a dispensing discrepancy looks from the patient’s bedside, and how to explain it to the Board.

— Richard Alan Gaudet, JD, RN, RRT

Who regulates pharmacists in Massachusetts

The Massachusetts Board of Registration in Pharmacy licenses pharmacists, pharmacy interns, pharmacy technicians, pharmacies and pharmacy departments, wholesalers, and controlled-substance registrations. Its authority comes from G.L. c. 112, §§ 24 through 42A, and its disciplinary procedures are in 247 CMR 10.00. The professional standards it enforces include the Code of Conduct in 247 CMR 9.01.

One matter can involve more than one license. A dispensing problem can lead to charges against the pharmacist on duty, the pharmacist manager of record, and the pharmacy’s own license at the same time (247 CMR 10.01). Those interests don’t always line up, which is one reason to have your own lawyer and not rely on your employer’s.

What leads to Board of Pharmacy complaints

The grounds for discipline are listed in 247 CMR 10.03, along with those in G.L. c. 112, § 61. The most common in pharmacy practice are:

Dispensing errors: wrong drug, wrong strength, wrong patient, or labeling mistakes, charged as violations of recognized standards of practice (10.03(1)(v))
Controlled substances: losses, count discrepancies, record keeping, and suspected diversion, including violations of the Controlled Substances Act, G.L. c. 94C (10.03(1)(x))
Inspection findings: deficiencies cited at the pharmacy, and failing to correct them on time (10.03(1)(c) and (d))
Impairment or misuse of drugs: practicing while impaired, or abuse or illegal use of prescription drugs (10.03(1)(g) and (h))
Criminal charges and convictions, including OUI (10.03(1)(n))
Scope of practice, including technicians performing pharmacist functions (10.03(1)(f) and (m))
Discipline in another state for substantially similar conduct (10.03(1)(t))

The Board has also adopted a broad ground for conduct that “undermines public confidence in the integrity of the profession” (10.03(1)(u)).

Your own duty to report

Pharmacy is one of the boards where the licensee must report certain events to the Board, and failing to report is a separate ground for discipline. Under 247 CMR 10.03(1):

What happened	Deadline to report to the Board
Any arrest, pending criminal charge or conviction, in any state	14 calendar days
Discipline taken against you on grounds like those in 10.03	7 business days
Any final action against another health care license you hold, including a surrender or resignation, by any government authority	7 business days

“Conviction” is defined broadly. It includes a guilty plea, a plea of no contest, an admission to sufficient facts, and a continuance without a finding (CWOF), whether or not a sentence was imposed (247 CMR 10.02). Many pharmacists are surprised to learn that a CWOF on an OUI must be reported. Before you file a report, have a lawyer review what it says.

Responding to the Board

Unlike some boards, the Pharmacy Board’s discipline rule doesn’t set one fixed number of days for a written response. Each letter from the Board sets its own deadline. Failing without cause to cooperate, to respond to a subpoena, or to provide records the Board is entitled to is itself a ground for discipline (10.03(1)(q)). Note the deadline in the letter, and don’t let it pass.

What you send becomes part of the record. It should be accurate and complete, should answer what was asked, and should show what you or the pharmacy has corrected since.

The investigative conference

The Board may invite you to an investigative conference, an informal discussion with the Board about the complaint, at any time before a formal hearing begins (247 CMR 10.04). You’ll get notice of the general issues ahead of time. It’s informal, but it isn’t casual. Board members ask direct questions, and your answers can shape whether the matter is dismissed, settled, or sent to a hearing. Prepare for it the way you would for a deposition, and bring your lawyer.

Summary suspension and cease-and-desist notices

The Board has emergency powers before any hearing:

Suspension before a hearing (10.07): if affidavits or other documents show you are an immediate or serious threat to public health, safety or welfare, the Board can suspend your license or refuse to renew it. You’re entitled to a hearing on whether that was necessary within seven days.
Cease-and-desist and quarantine notices (10.08): the Board or its President can order a pharmacy or licensee to stop or restrict operations, or bar the use of medications the pharmacy prepared. These are non-disciplinary, and a hearing on whether they’re necessary must be offered within 15 business days.

If you receive either kind of order, call a lawyer the same day.

Possible outcomes

After reviewing a complaint, the Board can take any of these actions (247 CMR 10.06):

Outcome	Is it discipline?	Can you practice?
Dismissal	No	Yes
Advisory letter	No; kept in your Board file and states the Board’s concerns	Yes
Reprimand, or censure (a severe reprimand)	Yes	Yes
Probation	Yes	Yes, under conditions
Suspension	Yes	No, for the period set
Revocation	Yes	No

Suspension and revocation can apply to your personal registration, a pharmacy permit, a wholesale license, or a controlled-substance registration, and they follow either a hearing or a signed consent agreement.

Consent agreements

Most matters that aren’t dismissed are resolved by a consent agreement negotiated with the Board (10.06(6)). It can set conditions on your practice, such as monitoring, continuing education, or practice limits, and it can include a voluntary suspension. The conditions, their length, and the description of the facts are all negotiable before you sign.

Voluntary surrender

A consent agreement can also be a voluntary surrender of your registration, permanently or for a fixed period. The agreement must state that surrender deprives you of all privileges of registration and is not subject to judicial review (10.06(6)(c)), and it stays in your permanent Board record. Once signed, it can’t be appealed. Don’t offer a surrender without advice.

The Order to Show Cause and the hearing

If a matter isn’t resolved informally, the Board can serve an Order to Show Cause, ordering you to appear for a formal adjudicatory hearing (10.02, 10.05). The hearing follows G.L. c. 30A and the Standard Adjudicatory Rules, 801 CMR 1.01. Both sides present evidence and witnesses and cross-examine, and the Board issues a Final Decision and Order. Be aware that a criminal conviction is conclusive evidence that you committed the crime in any Board proceeding based on it (10.02). You can’t relitigate the criminal case before the Board.

Discipline in other states

Discipline by another state can be the basis for Massachusetts action if the conduct would violate Massachusetts law (10.06(7)). The reverse is also true: most states ask about out-of-state discipline, so a Massachusetts consent agreement can reach every license you hold.

Appealing a Board decision

A pharmacist whose registration is suspended or revoked after a hearing can generally petition the Supreme Judicial Court for review under G.L. c. 112, § 64. The court reviews the existing record and doesn’t hold a new trial, so the appeal is only as strong as the record built at the hearing.

What I do at each stage

Reporting: decide with you whether, when and how to report a charge, conviction or out-of-state action, and draft the report.
The response: review the complaint, inspection report and records, and draft a response that explains the workflow and the corrections made.
The investigative conference: prepare you for the Board’s questions and attend with you.
Negotiation: negotiate consent agreement terms and the description of the facts that will become your record.
Emergency orders and hearings: respond to summary suspensions and cease-and-desist notices on a seven-day or 15-business-day timeline, and try contested cases.
Afterward: guide you through probation conditions, reporting to other states, and petitions to lift restrictions.

What to do when the Board contacts you

Write down the date you received the letter and the deadline it gives.
If you’ve been charged with a crime, remember that the Board’s rules require a report within 14 calendar days.
Don’t speak with an investigator, at the pharmacy or by phone, until you’ve talked with a lawyer.
Don’t change, complete or “correct” any record, log or count.
Keep copies of what you can lawfully keep: the letter, schedules, and any incident or inspection reports.
Remember that your employer’s lawyer represents the pharmacy, not you.

Facing a Board of Pharmacy complaint?

Call or text (978) 273-8337, or send a message. I represent pharmacists, interns and technicians across Massachusetts, in person at my Middleton office or by video.

Frequently asked questions

How long do I have to respond to the Board of Pharmacy? The Board’s letter sets the deadline. Failing without cause to cooperate with the Board or to provide records it is entitled to is a separate ground for discipline under 247 CMR 10.03(1)(q).

Do I have to report an arrest or OUI to the Board? Yes. Any arrest, pending criminal charge or conviction in any jurisdiction must be reported to the Board within 14 calendar days (247 CMR 20.03(3)). A continuance without a finding counts as a conviction under the Board’s rules.

What is an investigative conference? An informal meeting with the Board about a complaint, held before any formal hearing (247 CMR 10.04). It’s informal, but what you say can decide how the matter is resolved, so prepare and bring a lawyer.

Is an advisory letter discipline? No. An advisory letter is not formal disciplinary action, but it stays in your Board file and records the Board’s concerns (247 CMR 10.06(2)).

Can the pharmacy and I both be charged? Yes. The Board can act against pharmacists, interns, technicians, pharmacies, pharmacy departments and controlled-substance registrations, and one event can lead to charges against several of them (247 CMR 10.01).