By Dale J. Atkinson, JD
Originally published in the January 2014 NABP Newsletter
It is imperative that boards of pharmacy have administrative jurisdiction over all persons, not just licensees and applicants. This jurisdiction or authority to pursue administrative remedies provides regulatory boards with the right to prosecute and sanction persons or entities for violations of the practice act and regulations. While criminal prosecutions may also be authorized by law, the criminal prosecution teams may have to prioritize which matters to pursue, taking into consideration the harm to the public and access to resources. Boards of pharmacy are keenly aware of the public protection benefits associated with administrative jurisdiction over persons alleged to have violated the act and/or regulations and are more likely to authorize the pursuit of administrative remedies.
Perhaps the issue of unlicensed practice best characterizes the need for regulatory board authority and the public protection benefits derived from such administrative actions. Individuals and entities engaging in the unlicensed practice of pharmacy should be subject to the authority of the board of pharmacy (in addition to the criminal penalties). The same is true of other regulatory boards that wish to administratively prosecute unlicensed persons infringing on the scope of practice. Indeed, such unlicensed persons may be licensed by other boards.
The full article, which reviews a case involving a fine assessed by the Tennessee Medical Board against a Tennessee pharmacist who was found to be practicing medicine and naturopathy without a license, is available in the January 2014 NABP Newsletter (PDF; pages 4-5, 10).