Complaint FAQ | What happens if disciplinary action is initiated?
The licensee is given the opportunity to attend an informal settlement conference. The licensee will be told of the date, time, and place of the conference. The licensee will be informed of the issues to be discussed.
The complainant may attend the conference at their own expense if permitted by the Texas Pharmacy Act and Board Rules. Certain informal settlement conferences may be confidential by law. If applicable and permitted by law, the complainant will be notified of the date, time, and place of the conference.
At the informal settlement conference, the licensee is given an opportunity to show compliance with the law. A panel (composed of Board staff and generally two Board Members) proposes a recommendation for settlement of the case, which may include dismissal, a formal warning, or a disciplinary sanction. If the panel recommends the imposition of a sanction, and the licensee agrees with the recommendation, a proposed Agreed Board Order (ABO) is presented to the Board Members at their next regularly scheduled meeting. If the Board Members accept the proposed ABO, the order is entered. The complainant may obtain a copy of the order if the order is a public order.
If the licensee does not accept the proposed ABO, or if the Board Members reject the proposed ABO, the case will proceed to a public hearing conducted by an Administrative Law Judge (ALJ) employed by the State Office of Administrative Hearings. After the hearing is conducted, the ALJ will prepare a Proposal for Decision (PFD) which contains findings of fact, conclusions of law, and recommended disciplinary action. The PFD will be presented to the Board Members who then make a decision in the case. The Board's decision may be appealed in accordance with Texas law.
