Daniel Hollis Lype's Legal Cases (3)

Licensing

Pharmacy v. Texas State Board of Pharmacy

Feb 15, 2022

OUTCOME: Dismissal with non-disciplinary advisory letter

Following an inspection, the Pharmacy Board opened an investigation of an independent community pharmacy. The Pharmacy Board's analysis of the pharmacy’s dispensing records and Prescription Monitoring ... Program data revealed the pharmacy was not appropriately exercising its corresponding responsibility when dispensing controlled substances. After a comprehensive review and adjustment of the pharmacy’s practices and procedures when dispensing controlled substances, the Pharmacy Board dismissed the investigation with a non-disciplinary advisory letter.

Administrative law

Physician Assistant Group v. Texas Medical Board

Feb 13, 2015

OUTCOME: Success - Rule overturned

The Texas Legislature amended the business code to allow certain non-physicians to form business entities with a physician. The amendments including strict requirements limiting ownership and authority ... of the non-physician owners in such a co-owned entity. It also included a grandfathering clause exempting certain co-owned entities formed before the new law went into effect. The Texas Medical Board passed rules greatly limiting the scope of the grandfathering clause in such a way that would have forced certain physician assistant owners to sell a majority of their business to their physician co-owners. We file a rule challenge and obtained a successful decision in District Court. The Medical Board then appealed but we again prevailed at the appellate level. Board was forced to back away from their wrong interpretation of the grandfathering clause.

Licensing

RPh v. Texas State Board of Pharmacy

May 02, 2013

OUTCOME: Success. Client's license was unsuspended.

The Texas State Board of Pharmacy threatened to indefinitely suspend registered pharmacist's license based on their suspension in another state due to impairment issues. Client was currently in good re ... covery and being monitored by the Board's Professional Recovery Program. Case went to trial at the State Office of Administrative Hearings where judge recommended in favor of client's continued licensure. The Pharmacy Board set aside the judge's recommendation and suspended client's license. We appealed and won a successful decision at each stage of the appeal.

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