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legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13441
Experience:  Attorney-Business degree from The University of Texas
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Unfortunately, I have made an ethical mistake as a pharmacist

Resolved Question:

Unfortunately, I have made an ethical mistake as a pharmacist for which i deeply regret, but it seems to be that the complaint will be resolved informally through disposition where I will not be required to admit any guilt. However, it still will show up on my license records. I want to transfer my professional license to another state. My first question, is my license is in good or bad standing? Will I be able to transfer my pharmacy license to another state if the complaint was invistigated but did not result in a disciplinary action?
Submitted: 7 years ago.
Category: Legal
Expert:  legaleagle replied 7 years ago.
If you will not have a disciplinary action on your record you will be considered in good standing and you should be able to transfer your license.
Customer: replied 7 years ago.
Thank you for your answer. Not it is not a formal disciplinary action. But I still will have to complete 5 hours of continuing education in ethics, write an apology letter to a doctor and etc. The board is not pursuing to discipline me at this moment, but this informal stipulation will still show up on my professional license. The board of pharmacy where I live determined that it will resolve my case through stipulation to informal disposition. To your knowledge, what is the difference between stipulation of informal disposition where I dont have to admit quilt versus formal disciplinary action? Doesnt informal dispotion of my case puts my license in bad standing? Your answers are very appriciated
Expert:  legaleagle replied 7 years ago.
When the disposition is informal it is not considered as something that affects the standing of your license. A formal disposition of a suspension or revocation would affect your good standing. By not admitting guilt there is nothing that can be used against you as far as your license standing is concerned. It is like a deferred adjudication in criminal law where you complete some probation terms and then you are not considered to be convicted. The informal disposition will just mean that the allegation against you was successfully resolved but will not put your license in bad standing.
Customer: replied 7 years ago.

Thank you for your answer. Although this informal disposition does not say anywhere that this record can not be expunged, my attorney have told me that after he talked to the board's attorney, this will become a permanent record. He is saying that the Board does not have any power or mechanisms to seal a record. Does it sound right? Or should I find another attorney before i sign this disposition. According to my attorney who is working on this case, there are no mechanisms adopted by the board of pharmacy in Washington state that wold allow to seal a record after a period of time. I was really dissapointed because my record is not criminal. Yet, even criminal records can be expunged in certain situations after a period of time. Could I negotiate with the board of pharmacy so that this informal disposition would not become permanent but temporary while I am on probation? Or would it make this matter worse? Sometimes I think my attorney does not care much about this issue.


Thank you very much


Expert:  legaleagle replied 7 years ago.
Yes that sounds right. A record in these types of licensing cases is not something that is subject to the laws of expunction and the boards usually have no power to seal the records. You can ask the board to make it a temporary record but more than likely they will not agree to that. There is no harm in asking.
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Customer: replied 7 years ago.

I forgot to ask another questions. Some pharmacy employment applications ask this question: " Is there any pending investigation by the board of pharmacy" Most aplications ask where there were disciplinary actions taken. Can employers ask general questions, like " Have your license ever been invistigated even if it did not result in disciplinary actions?? Now, at this moment, while my case is pending, in the State of Washington, investigative materials are held confedential until the case is finalized. I have read this on washington board of pharmacy website. Is it legal then for employers in Washington state to ask this question?? For example, in California State, investigative files initiated by the pharmacy board are public, but not in Washington. I know I must be responsible for my actions. But my major fear is that employers simply will blacklist me even though it is not a formal disciplinary action.

Expert:  legaleagle replied 7 years ago.
Yes an employer can ask if you have ever been investigated but most do not ask that. Even if the investigation is still open they can ask this question they just do not have a legal right to get copies of the investigation while it is pending.
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Customer: replied 7 years ago.

Do you strongly believe that most employers will turn down my job application just because I was investigated? Or do they usually read details? Thi is my major fear. Even if it is not legally considered a blemish, I am affraid most employers will not differentiate between informal dispostion or formal disciplinary action.

Expert:  legaleagle replied 7 years ago.
No I do not believe they will and since you were not found guilty that is a plus on your side.
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