The doctors license was valid, however, his patients were from out of state and the scripts were for control drugs. Any help?
As a franchise attorney , this is out of my area of expertise - helping companies franchise a business concept and advising individuals, as a franchise expert, on making franchise investments. However, I can say the following.
Unfortunately, the questions you need answered are much more complicated than can be answered here.
No attorney here on AVVO can advise you without knowing all the facts and circumstances surrounding your case and researching applicable statutes.
Your best bet is to consult with an attorney asap. You can do a search here on AVVO and find them. Many will talk to you at no charge for an initial consultation. That way you can present what happened in great detail and they can ask you questions about specifics so the best going-forward advice is provided.
Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Attorney & Franchise Expert
Director of Operations - Mr. Franchise
FRANCHISE FOUNDATIONS APC
Very simply, you need someone to assist while dealing with the Board, and the inevitable administrative hearing and possible appeal. We have issues before the Board, now, involving "tamper proof" prescription pads, and the State's interpretation of the federal regulation. You have obviously had an exchange of letters or other communications with the Board. I strongly suggest that you refrain from any additional communications until you have and a consultation with counsel of your choice!
You may wish to contact your Pharmacist Liability Insurance carrier. Most policies include License Protection coverage. You may have coverage that will assist you. Otherwise, find someone to concentrates their practice on medical liability defense or pharmacist liability defense. Don't go bargain hunting, this is your entire livelihood. But start with your insurer.