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Pharmacy Law

Georgia Board of Pharmacy & Pharmacist Lawyer            

Frances Cullen, PC is a law firm dedicated to representing professionals and professional practices.  Our firm represents pharmacists and pharmacies with a wide-range of regulatory issues, which are continually changing. Frances Cullen has a broad knowledge of Georgia laws and rules regulating pharmacists and pharmacies, as well as the wide range of Federal drug laws that impact the profession.

The Georgia State Board of Pharmacy (The Pharmacy Board) and Georgia Drugs and Narcotics (GDNA) investigate and take disciplinary action against numerous licensees each year. The Georgia State Board of Pharmacy (The Pharmacy Board) and Georgia Drugs and Narcotics (GDNA) meet every month to set policy and review cases relative to practice of pharmacists and pharmacies.

It is important to retain the services of an attorney who is familiar with the scope of charges that can be brought by The Georgia State Board of Pharmacy (The Pharmacy Board) and Georgia Drugs and Narcotics (GDNA) and can recognize what conduct could potentially result in Federal or State criminal action, or other serious repercussions. Your attorney should also know the available defenses to a The Pharmacy Board’s potential claims against you and the complete range of potential settlement options.

The Georgia State Board of Pharmacy (The Pharmacy Board)

The Georgia State Board of Pharmacy (The Pharmacy Board) and Georgia Drugs and Narcotics (GDNA) is responsible for regulating the practice of pharmacy, the operation of pharmacies, and the distribution of prescription drugs in the State of Georgia. Under O.C.G.A § 26-4-28 of the Georgia Pharmacy Practice Act, the Pharmacy Board may discipline a pharmacist for:

The Pharmacy Board may issue any of the following penalties pursuant to O.C.G.A § 26-4-28 of the Georgia Pharmacy Act: monitoring, administrative fine, public reprimand, private reprimand, license restrictions, probation, suspension, and revocation of the pharmacist’s license.

The disciplinary process begins with a complaint and investigation by the Georgia Drugs and Narcotics (GDNA) into alleged violations of the Georgia Pharmacy Practice Act, O.C.G.A. Title 26 Chapter 4, O.C.G.A § 43-1-19, and Chapter 13 of Title 16 (GA Drug Laws), as well as violations of Federal law, including misuse of a Drug Enforcement Agency (DEA) certificate.

If, after investigation, The Pharmacy Board determines that grounds for discipline exist, formal charges may be filed against a pharmacist, which could prompt an administrative hearing or resolution by Consent Order.

During the investigation phase, the Pharmacy Board has the power to obtain pharmacy and medical records pertinent to the case in question and may seek to question the subject pharmacist and/or other associated pharmacists and medical professionals.  At times, the Pharmacy Board may request an informal interview with the individual pharmacist or other pharmacy employees.

We provide clients with representation and advocacy for:

  • Investigations by the Georgia Board of Pharmacy
  • Investigations by Georgia Drugs & Narcotics
  • Charges of Medicare and Medicaid fraud
  • Medicare and Medicaid and other insurance entities’ recoupment
  • Defending a pharmacist’s license in all regulatory agency hearings
  • Investigations and potential action by the Drug Enforcement Agency (DEA)
  • Defending pharmacists against criminal charges – Federal & State criminal charges
  • Providing legal advice and assistance to pharmacies in responding to audits, including assistance with contract interpretation, explaining applicable state statutes, and discussing a pharmacy’s rights and obligations

Defending a pharmacist’s license against allegations of:

  • Unprofessional Conduct
  • Engaging in Fraud or Deceit
  • Criminal Arrests, Charges or Convictions
  • Substance Abuse; Chemical Dependency; Alcoholism
  • Violation of a Pharmacy, Health & Safety Code or other Drug Related Statute or Rule
  • Negligent Practice of Pharmacy
  • Representation in Hearings before the Georgia Board of Pharmacy
  • Defense of civil and criminal matters relating to billing practices

Keep in mind that a pharmacist and a pharmacy may be represented by an attorney throughout the investigative disciplinary process and it is best to obtain good legal advice early in the process.

The Georgia State Board of Pharmacy (The Pharmacy Board) cases are generally opened upon the filing of a complaint or through investigations are opened when Georgia Drugs & Narcotics (GDNA) learn of pharmacy irregularities or potential violations of the law.  Cases are often started when there are suspicions of drug diversion.  Complaints can be filed by any member of the general public – a patient, a former patient, an employee, or a former employee.  If the complaint involves a serious violation (for example, an allegation that the pharmacist is impaired to practice medicine due to drugs or alcohol, drug diversion an allegation of sexual misconduct, and/or improper dispensing), the case may immediately assigned to an investigator employed by the Georgia Drugs & Narcotics (GDNA).

If you are contacted during a Pharmacy Board investigative process, you must retain legal counsel to assist you. While a licensee might be willing to discuss the details of the complaint and wish to provide “their side of the story”, this meeting is not an opportunity to present your version of the facts and, without an attorney experienced in Pharmacy Board licensing cases as your witness to the interview, your statements can be interpreted differently than you intended and later used against you in a Pharmacy Board hearing. Frances Cullen, PC can assist you in defending yourself before The Georgia State Board of Pharmacy (The Pharmacy Board).

Chemical Dependency & Impairment

Throughout her career, Frances Cullen has provided sound and sensitive advice to those seeking assistance in locating the proper facility to obtain help for substance abuse, to those who are currently in treatment, and to licensees who face the difficult ancillary issues they may need to address after they have completed treatment and/or have entered into a licensing board Consent Order or Treatment Aftercare Contract.  Our office has also assisted countless licensees and applicants from other states who have required advice with reporting a present or past treatment history and/or criminal action to licensing and credentialing bodies.

Frances Cullen, PC works closely with treatment providers across the southeast to remain educated on how best to provide sound advice and legal counsel to those who are or have been through treatment and to keep abreast of current treatment options.  Due to her many years working in this field, Frances Cullen has a broad knowledge of other states’ licensing issues and can often provide advice on reporting to other states or provide early attention with regard to other potential repercussions.

Our practice is extremely sensitive to the special needs of pharmacists and other healthcare professionals who have a history of substance abuse or mental illness. Pharmacists and health care professionals with a history of chemical dependency or impairment, or mental health issues, should consult Frances Cullen, as these are serious concerns for all boards and regulatory agencies. We can guide you through the difficult and uncertain process to mitigate or minimize licensure problems.

Whether you are first seeking help with a substance abuse problem or have just started treatment for chemical dependency, or have a history of long-term sobriety, we can help you evaluate your options and represent your interests before the medical licensing board.

Criminal Defense Related to Substance Abuse

In addition to the licensing issues pharmacy professionals face due to substance abuse and/or addiction, they also can face criminal charges. Our firm’s experience allows us to effectively represent healthcare professionals against criminal accusations of writing improper narcotic prescriptions, using controlled substances, or diverting drugs from the workplace.  Frances Cullen, PC will work as a zealous advocate on your behalf to provide you with sound legal advice prior to the filing of charges, through the indictment or accusation process, in negotiation with prosecutors, and in fashioning the most favorable plea on your behalf.

As a former Fulton County District Attorney, Frances Cullen is also familiar with the broad range of criminal laws and can provide capable defense to charges of criminal conduct.

Frances Cullen, PC has defended numerous professionals when State or Federal criminal charges are brought against them and has also worked closely with other criminal defense attorneys to provide solid advice on how best to address potential criminal charges so that the physician can resume or later return to medical practice.

Criminal Cases Related to Pain Management

Frances Cullen, PC is knowledgeable about the current State and Federal laws regulating pain management, including recent government actions targeting Pain Clinics and area pharmacies.

You may own a legitimate business and be a respected pharmacist with years of experience, but if you are filling prescriptions for area pain clinics or for physicians targeted by government authorities, you too may become the subject of a criminal investigation.  Owners of Pharmacies as well as the Pharmacists are being charged in State and Federal court depending on the level and degree of severity.

Representative Cases

Frances Cullen, PC worked extensively on several cases with noted attorney, Mr. Leroy Toliver, RPh, JD of Toliver and Gainer.  Frances Cullen worked closely with Mr. Leroy Tolliver to defend a chain of pharmacies when the Department of Community Health (DCH – Medicaid) brought an action against the pharmacy company for the hiring of a pharmacist who was on the Office of Inspector General (OIG) Exclusions List.  Together, Frances Cullen and Leroy Toliver defended and finally concluded the case reducing DCH’s proposed recoupment to a small fraction of those sought by the government.

In a case wherein a pharmacist suffered a suspended license for failing to oversee pharmacy technicians, Frances Cullen, PC was successful in having her license reinstated.

Frances Cullen, PC has worked with numerous pharmacists who have suffered from drug and alcohol dependence/addiction and helped guide them successfully to return to pharmacy practice.

Contact Frances Cullen, PC

Contact Frances Cullen as soon as possible if you are a pharmacist or other healthcare provider and you are facing a potential investigation or action by The Georgia Board of Pharmacy or if you suspect you may be facing a criminal charge, or civil investigation or prosecution by Medicare or Medicaid (Department of Community Health – DCH), or you have been subject to investigation or arrest.

Frances Cullen is a former Assistant Attorney General who represented various state licensing boards and in bringing disciplinary action against them. She is therefore knowledgeable about the disciplinary process and will offer you a strong defense in any investigation or with potential action brought by The Georgia Board of Pharmacy or Georgia Drugs & Narcotics.

For a powerful and winning defense in investigative interviews or with potential disciplinary action brought by The Georgia Board of Pharmacy or Georgia Drugs & Narcotics, call Frances Cullen, PC.

Don’t risk your license and your livelihood, and settle for any lawyer when you can call Frances Cullen, PC to retain an attorney experienced in both criminal defense and the issues unique to licensed professionals.

Proviso: Due to the professional stature of my clients and the sensitive nature of the issues that are the subject of these matters, client names are not provided for these cases.