Texas Pharmacist License Defense:

As a pharmacist or pharmacy technician in Texas, your license represents years of education, significant financial investment, and your ability to earn a living. A criminal charge doesn’t just threaten your freedom. It threatens your career, your income that may range from sixty thousand to well over one hundred thousand dollars annually, and everything you’ve worked to build.

I’m Pat Ruzzo, and I have been a criminal defense attorney based in Houston, Texas for over thirty-five years. During my career, I have advised pharmacists, pharmacy technicians, and pharmacy tech trainees in both criminal cases and Texas State Board of Pharmacy disciplinary proceedings. What I have learned through this experience is that the Board of Pharmacy operates differently from other healthcare licensing boards. The stakes are high, the scrutiny is intense, and the consequences can be severe.

The relationship between criminal charges and pharmacy licensure is complex and unforgiving. Pharmacists and pharmacy technicians who try to handle these matters themselves almost always make their situations worse.

What’s Actually at Stake When You’re Arrested

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Let’s be clear about what you stand to lose.

Pharmacists in Texas earn an average annual salary of approximately one hundred forty-three thousand dollars. Pharmacy technicians average around forty thousand to fifty thousand dollars per year. Over a thirty-year career, a pharmacist is looking at potential lifetime earnings exceeding five million dollars.

You have invested years in your education and tens of thousands of dollars in pharmacy school. You have passed rigorous examinations. You have built a career and a reputation. A criminal charge puts all of that at risk.

But it’s not just about the money. Your pharmacy license represents your professional identity, your ability to support your family, and your standing in your community. When that license is threatened, everything is threatened.

And here’s what many pharmacists and pharmacy technicians may not fully appreciate: there is reciprocity among states when it comes to pharmacy licenses. A disciplinary sanction in Texas can impact your ability to work as a pharmacist anywhere in the country. I have represented pharmacists who faced investigations in multiple states arising from a single incident in Texas.

The first question most pharmacists ask me is how the Board will discover their arrest.

They find out in several ways:

Someone reports it.
This could be your employer, a coworker, another pharmacist, or even a customer. In my experience, pharmacy employers are often quick to report arrests to the Board to protect themselves from potential liability.

You self-report.
When you renew your pharmacy license, you are asked whether you have been arrested or have pending criminal charges. The rules about what you must report are complex and specific. Class C misdemeanors like traffic tickets generally do not need to be reported. But arrests for drug possession, theft, DWI, assault, or other crimes involving moral turpitude typically must be disclosed.

Many pharmacists believe they can research these reporting requirements themselves and determine what to disclose. This is a mistake. The rules are nuanced, and failing to report when required is itself a violation that can result in discipline separate from whatever criminal charge you are facing.

The Board discovers it through their own processes.
The Texas State Board of Pharmacy has access to criminal databases and law enforcement records. They can discover arrests even without someone specifically reporting them.

Cross-reporting from other boards.
If you are arrested along with another healthcare professional who is licensed by a different board, that board may share information with the Board of Pharmacy. I have handled cases where a complaint filed with the Board of Nursing led to a Board of Pharmacy investigation when a pharmacist was involved in the same incident.

The critical point is this: if you don’t self-report properly when required, that failure to report becomes its own violation. You then face discipline not only for whatever conduct led to your arrest, but also for failing to report truthfully.

Here is the typical sequence of events when a pharmacist or pharmacy technician gets arrested in Texas:

Immediately After Arrest
You are arrested for a criminal offense. Many pharmacy employers require employees to report any arrest within forty-eight hours as part of their employment contract. If you work for a hospital, retail pharmacy chain, or institutional employer, check your employment agreement.

Many pharmacists panic at this stage and either say too much to their employer or try to explain what happened. This is often the first critical mistake.

Within Days to Weeks
Your employer may report your arrest to the Texas State Board of Pharmacy. Or you might be approaching your license renewal period and face questions about arrests and pending criminal cases on your renewal application.

The Notice of Investigation
Eventually, you receive a letter from a Board of Pharmacy investigator. This could be weeks or months after your arrest. This is typically when pharmacists contact me.

The letter usually contains:

• A summary of the complaint or allegations
• A request for a written response from you
• A deadline for your response, typically around thirty days
• Contact information for the investigator
• Sometimes a request for a voluntary interview

Most pharmacists do not understand what this letter actually means. It is not a conviction. It is not a formal charge. It is not necessarily a determination that you have done anything wrong. It is a notice that allegations have been made and the Board is investigating.

But how you respond to this letter can determine whether you keep your license or lose everything.

Understanding the process is critical because at each stage, you have rights you must affirmatively invoke. If you do not invoke them properly and within the statutory deadlines, you waive them permanently.

Stage 1: Complaint Screening

When a complaint is filed, the Board screens it to determine:

• Whether they have jurisdiction
• Whether the allegation, if true, constitutes a violation of the Texas Pharmacy Act or Board rules
• Whether there is sufficient information to proceed

If the complaint lacks sufficient information, falls outside the Board’s jurisdiction, or describes only a minor incident with no indication of patient harm or ongoing risk, the Board may close it without further action.

Stage 2: Investigation

If the Board proceeds, they assign the case to an investigator. That investigator will request:

• A detailed written response to every allegation
• Names of potential witnesses
• Your employment history
• Pharmacy records
• Personnel files from your employer
• Information about any pending criminal cases

Here is what pharmacists and pharmacy technicians may not understand: you are not required to speak with Board investigators without legal counsel. They cannot force you to talk to them. But investigators are skilled at making you feel like cooperation is in your best interest.

The investigator might contact you and say something like, “Let’s just have a conversation about this. I want to hear your side.” This sounds reasonable. It sounds helpful. It is neither. Everything you say can and will be used against you.

Stage 3: Written Response

Your written response is typically due within thirty days. This is not a brief letter saying, “I deny the allegations.” A proper response can sometimes be forty to fifty pages long, including supporting documentation.

I have submitted responses that included:

• Detailed admissions or denials of every single factual allegation
• Supporting evidence for each denial
• Employment records showing excellent performance
• Drug testing results from certified laboratories
• Treatment completion documentation
• Character references from supervisors and colleagues
• Surveillance footage when relevant
• Any other evidence that supports my client’s position

After the investigator receives your response, they review it and may request additional information. Then they present everything to the Board for review.

Stage 4: Board Review and Decision

At this point, the Board can take one of three actions:

Close the case with no action. This is the outcome you want. It means they found no evidence of a violation or insufficient evidence to proceed. If this happens, you may be entitled to an expunction of the records related to the complaint.

Issue non-disciplinary actions. This might include a warning or required remedial education. The Board may require you to complete approved continuing education courses on ethics, pharmacy law, or specific areas of practice. These outcomes are usually reserved for minor, unintentional violations.

Proceed to formal charges. This is when things become serious. The Board believes you engaged in conduct that may require formal discipline.

Stage 5: Informal Settlement Conference

If the Board pursues formal charges, you have the opportunity to participate in an informal settlement conference. You, your attorney, and Board representatives meet to discuss the allegations and potential resolutions.

This conference is valuable because:

• You learn how strong the Board believes their case is
• You can understand what sanctions they are considering
• You may be able to negotiate a resolution short of a formal hearing
• You save significant time and legal expense if you can resolve the matter

You are entitled to legal representation at this conference. In fact, once you have an attorney, the Board is required to communicate only through your attorney about disciplinary matters.

Potential negotiated outcomes might include:

• Referral to the Professional Recovery Network, a peer assistance program for healthcare professionals with substance use or mental health issues
• Probation with specific conditions such as monitoring or supervised practice
• Temporary practice restrictions
• Fines
• Required continuing education
• Probated suspension, where your license is technically suspended but the suspension is held in abeyance as long as you comply with specified conditions

After the conference, the panel proposes a recommendation (Agreed Board Order), which can include dismissal or sanctions.  If you accept the ABO it is submitted to the full Board for consideration at the next scheduled meeting.  If you reject the ABO or the Board rejects it, the case does not settle at this stage.

Stage 6: Formal Administrative Hearing

If you cannot reach an agreement at the informal settlement conference, or if you choose to contest the charges, you proceed to a formal administrative hearing before an administrative law judge at the State Office of Administrative Hearings.

This is a formal legal proceeding with:

• Formal pleadings
• Discovery procedures
• Rules of evidence
• Witness testimony
• Document presentation
• Legal arguments

The burden of proof is preponderance of the evidence, meaning it is more likely than not that you violated Board rules. This is a lower standard than the beyond a reasonable doubt standard in criminal court.

After the hearing, the administrative law judge issues a Proposal for Decision. The Board then reviews this proposal and makes the final decision about whether you violated Board rules and what sanctions are appropriate.  This final disciplinary order may adopt, modify, or reject the Proposal for Decision.

Stage 7: Appeal

When a final Board Order is issued, you may appeal the outcome. The first step in the appellate process is filing a motion for rehearing in a timely manner. Strictly compliance with the filing deadlines and content of the motion is necessary to preserve your ability to appeal.  The Board may grant the motion for rehearing and reconsider the case, or deny the motion by written order or by not acting within a legally mandated period of time.  If the motion for rehearing is denied, an appeal may be filed in Travis County District Court.

Potential Sanctions

If the Board finds you violated their rules, the sanctions can range from least to most severe:

• Formal warning or reprimand
• Administrative penalties or fines
• Remedial education requirements
• Practice restrictions
• Probation with specific conditions
• Suspension for a specified period
• License revocation

Many of these sanctions come with additional requirements:

• Regular drug testing at your expense
• Supervised practice requirements
• Participation in treatment programs
• Mandatory reporting to the Board
• Prohibition on certain activities, such as handling controlled substances

And here is what many pharmacists do not realize: even after a suspension ends, reinstatement is not automatic. You must apply for reinstatement, meet specific requirements, potentially wait through statutory waiting periods, and go through another review process.

The Board of Pharmacy licenses three different types of entities and individuals: pharmacies as businesses, individual pharmacists, and pharmacy technicians. Each faces somewhat different issues.

Pharmacies as Entities

Pharmacies themselves hold licenses and can face discipline for:

• Record keeping failures
• Dispensing errors due to inadequate internal controls
• Operational violations
• Supervision failures

Pharmacies may also face additional types of sanctions including continuous quality improvement plan mandates or requirements to hire management consultants to review and assist pharmacy operations.

Pharmacists

Pharmacists face heightened scrutiny because of their access to controlled substances and their role in supervising pharmacy operations and pharmacy technicians. Common grounds for discipline include:

• Drug diversion or theft of controlled substances
• Dispensing fraudulent or non-legitimate prescriptions
• Violating controlled substance or dangerous drug laws
• Unprofessional conduct
• Negligence or incompetence
• Failure to properly supervise pharmacy technicians

That last point is critical. Pharmacists can face discipline not only for their own conduct, but also for failing to properly supervise pharmacy technicians under their authority. If a pharmacy technician engages in misconduct that the pharmacist should have detected or prevented through proper supervision, the pharmacist may face discipline even if the pharmacist did not personally engage in the misconduct.

Pharmacy Technicians and Technician Trainees

Pharmacy technicians and those in training as technician trainees also hold licenses and face discipline for:

• Violating pharmacy laws or rules
• Crimes involving moral turpitude, including seemingly minor offenses like shoplifting
• Performing duties legally restricted to pharmacists
• Negligent or unsafe conduct

I have seen cases where pharmacy technicians became too comfortable in their roles and began performing tasks that only licensed pharmacists are legally permitted to perform. This unauthorized practice is a serious violation and can result in both criminal charges and license discipline.

I have also handled cases where employers used alleged violations by pharmacy technicians as a pretext for termination. The employer files a complaint with the Board alleging negligent or unsafe conduct, when in reality the employer simply wanted to terminate the employee or retaliate against an employee who complained about improper practices at the pharmacy.

Let me provide some examples from my practice that illustrate how these situations actually unfold.

Case 1: Pharmacy Technician Drug Diversion

I represented a pharmacy technician who was charged with theft of controlled substances from the pharmacy where they worked. This person had a substance use disorder and was facing felony charges.

We implemented a comprehensive strategy that included:

• Enrollment in an inpatient treatment program
• Completion of intensive outpatient treatment following residential care
• Participation in the Professional Recovery Network peer assistance program
• Agreement not to work during a ninety-day treatment period
• Regular drug testing showing sustained sobriety

On the criminal side, we negotiated a pretrial intervention agreement. The case was reset for one year, and after one year of successful compliance with treatment and sobriety, the criminal case was dismissed. We were then able to obtain a full expunction of the public criminal records.

On the licensing side, the Board of Pharmacy agreed to a probated suspension. The pharmacy technician was allowed to continue working under probation conditions, and as long as they complied with those conditions, the suspension was never activated. After the probationary period concluded successfully, their license was fully restored without restrictions.

Case 2: Pharmacy Technician Facing Prison

I represented a pharmacy technician facing two felony cases: felony drug possession and theft from a pharmacy. The evidence was substantial. The pharmacy had video surveillance showing this person stealing controlled substances.

The person was facing between six months and two years in a state jail facility.

We negotiated a resolution that avoided any confinement. In exchange for surrendering the pharmacy technician license, the prosecutor agreed to deferred adjudication probation, which meant no felony conviction if probation was successfully completed. One of the conditions of probation was surrendering the pharmacy tech license and not working in a pharmacy during the probationary period.

This was the right outcome for this particular client. While losing a pharmacy tech license is significant, avoiding six months to two years in a state jail facility was more important. And because it was deferred adjudication rather than a conviction, this person still had options for employment in other fields and the possibility of having the record sealed after successful completion of probation.

Case 3: Burglary of a Pharmacy

I represented someone who was charged with burglary of a building for entering a pharmacy when it was closed. Many people do not understand that burglary does not require actually taking anything. Burglary is entering premises without the effective consent of the owner with the intent to commit theft or a felony.

If you enter a pharmacy when you are not supposed to be there, even if you do not take anything, you can potentially be prosecuted for burglary of a building, which is a felony, rather than criminal trespass, which is a misdemeanor.

This case involved complex issues about authorization, access, and intent. Through investigation and negotiation, we were able to achieve a favorable resolution that protected both the client’s freedom and their ability to work in the pharmacy field.

The Critical Mistakes Pharmacists and Pharmacy Technicians Make

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In over thirty-five years of practice, I have represented pharmacists and pharmacy technicians in both criminal and licensing matters. The clients who achieve the best outcomes are those who seek competent legal counsel immediately and follow that counsel.

But I have encountered many pharmacists and pharmacy technicians who tried to handle these matters themselves or waited too long to get proper representation. Here are the mistakes that hurt them most:

Mistake 1: Talking to Investigators Without Counsel

The worst decision any professional license holder can make is thinking they can handle conversations with law enforcement or Board investigators on their own.

Pharmacists tell themselves they are intelligent, educated professionals who can explain the situation and clear up any misunderstandings. This is almost always a mistake.

You may be told you are not a suspect. You may be told this is just a routine inquiry. You may be told that cooperation will help your case. These statements may or may not be true, and you have no way to know which.

What you say to investigators can be used against you in both your criminal case and your licensing case. The Fifth Amendment protection against self-incrimination does not require law enforcement to advise you of your rights in every situation. If you are not in custody or if you are not being interrogated, Miranda warnings may not be required, and anything you say can still be used against you.

I strongly discourage my clients from speaking with investigators, and if you are my client, I prohibit you from talking to anyone about your case without my approval and presence.

Mistake 2: Writing Your Own Response to the Board

When pharmacists or pharmacy technicians receive a Notice of Investigation letter, many think they can write their own response explaining their side of the story.

That response becomes evidence against you. It is fraught with peril because:

• You do not know what you are legally required to admit versus what you can deny
• You do not understand how administrative rules differ from criminal procedure
• You do not realize that information you provide to the Board can be subpoenaed and used by prosecutors in your criminal case
• You may inadvertently waive defenses or privileges
• You do not know what supporting documentation is actually helpful versus harmful

I have had pharmacists come to me after they already submitted a response to the Board. At that point, I must attempt damage control, which is more difficult and more expensive than if I had been retained from the beginning. In almost every case, these individuals truly believed they were helping themselves. Instead, they made the situation significantly worse.

Mistake 3: Not Understanding That Board Investigations Can Become Criminal Cases

This is particularly important for pharmacists and pharmacy technicians to understand.

If there is not yet a criminal case, but there is a Board investigation, anything and everything you say to the Board can be subpoenaed and used by prosecutors to build a criminal case against you.

I have seen this happen. A pharmacist or pharmacy technician receives a Board investigation notice. There are no criminal charges yet. They think if they just explain what happened to the Board, everything will be fine. They provide detailed statements and documentation to the Board.

Then a criminal case is filed. The prosecutor subpoenas everything from the Board investigation. All of the statements and admissions are now evidence in the criminal case. The pharmacist or pharmacy technician has essentially built the criminal case against themselves.

This is why you need an attorney who understands both criminal law and administrative licensing law. Most attorneys do not practice in both areas and do not understand how these cases intersect and impact each other.

Mistake 4: Believing Rehabilitation and Treatment Will Be Enough

I want to be very clear about this because it is an important distinction from other healthcare licensing boards.

In my opinion and experience, the Texas State Board of Pharmacy is less forgiving and more punitive than other healthcare licensing boards like the Board of Nursing.

While showing evidence of treatment, rehabilitation, and sustained sobriety can be helpful, it does not carry the same weight with the Board of Pharmacy as it might with other boards. The Board of Pharmacy is more likely to impose sanctions even when you have successfully completed treatment and demonstrated recovery.

This does not mean treatment and rehabilitation are not important. They absolutely are. But you cannot rely on treatment alone to save your license when dealing with the Board of Pharmacy.

Mistake 5: Not Understanding Mandatory Reporting and Automatic Sanctions

There are certain criminal convictions that trigger automatic sanctions under Board of Pharmacy rules. For some offenses, the Board is required to revoke or suspend your license. There is no discretion.

For other offenses, you may not be eligible for licensure or re-licensure until a specified period has passed after completion of your sentence or probation.

These rules are complex and specific. An attorney who does not specialize in criminal defense and professional licensing may not understand which plea bargain agreements will trigger automatic sanctions versus which provide some flexibility.

I have seen cases where a pharmacist or pharmacy technician entered into a plea agreement that seemed favorable from a criminal law perspective but resulted in automatic license revocation under Board of Pharmacy rules. If the attorney had understood both areas of law, a different plea agreement could have been negotiated that protected both the client’s freedom and their license.

After representing pharmacists and pharmacy technicians before the Board of Pharmacy for many years, I have learned that what the Board actually cares about may be different from what license holders expect.

Pharmacists may think the Board cares about: Whether you made an honest mistake, whether you have learned your lesson, whether you are a good person.

The Board actually cares about: Whether you pose a risk to patients and the public going forward, and more specifically, whether you pose a risk of diverting controlled substances or engaging in conduct that could harm patients.

The Board of Pharmacy takes its role as protector of public safety very seriously. Because pharmacists and pharmacy technicians have access to controlled substances, the Board is particularly focused on substance abuse issues, drug diversion, and any conduct that suggests impaired judgment or inability to safely handle medications.

The Board also cares about:

• Whether you are honest and forthcoming in your dealings with them
• Whether you take responsibility for your actions
• Whether you understand what went wrong
• Whether you have taken concrete steps to address underlying issues
• Whether you respect the profession and its standards

But even when you demonstrate all of these things, the Board of Pharmacy may still impose significant sanctions. This is why competent legal representation is so critical.

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Can You Beat the Criminal Charge and Still Lose Your License?

Yes. Absolutely yes.

The burden of proof is different. In a criminal case, the state must prove you are guilty beyond a reasonable doubt. That is the highest legal standard in our justice system.

In an administrative licensing proceeding, the burden of proof is preponderance of the evidence, meaning more likely than not, or just over fifty percent.

A jury could find you not guilty because there was reasonable doubt, but the Board could still find that it is more likely than not that you violated Board rules.

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Can You Lose the Criminal Case and Still Save Your License?

Yes, this can happen.

Just because you were convicted of a criminal offense does not automatically mean you lose your license, although for certain offenses it may. The Board looks at:

• The nature of the offense
• How long ago it occurred
• What you have done since, including treatment and rehabilitation
• Whether you pose a current risk to patients and the public

I have represented pharmacists who had criminal convictions but were able to keep their licenses by demonstrating rehabilitation, treatment, sustained sobriety, and absence of ongoing risk.

However, as I mentioned earlier, certain criminal convictions trigger automatic sanctions. For those offenses, there may be mandatory waiting periods before you can even apply for reinstatement.

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Can You Keep Working While Your Case Is Pending?

In most circumstances, yes, because the allegations are merely allegations unless and until there is a finding of a violation.

However, there are exceptions:

Bond conditions in criminal cases. If you are arrested and released on bond, the judge may impose conditions that prohibit you from working in a pharmacy or handling controlled substances. Even though you are presumed innocent, judges have discretion to impose reasonable conditions to protect the community.

Emergency suspension by the Board. The Board of Pharmacy has emergency powers to immediately and temporarily suspend or restrict a license with or without notice if they determine that your continued practice would pose a threat to public welfare. This emergency suspension can last up to ninety days, at which time a hearing must be held.

Civil court proceedings. In some circumstances, the Board may seek a temporary restraining order or temporary injunction in civil court to prevent you from practicing while the investigation is ongoing.

But absent one of these extraordinary circumstances, most pharmacists and pharmacy technicians can continue working while the investigation and any criminal case are pending.

Why You Need an Attorney Who Understands Both Criminal Law and Pharmacy Licensing

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The overwhelming majority of licensed attorneys never practice criminal law. Even those who represent professional license holders often come from a civil practice background and do not understand how criminal law intersects with pharmacy licensing.

Here is why my background matters:

I understand the impact of every criminal outcome on your license. An arrest, a charge, a grand jury indictment, a deferred adjudication, a conviction for a misdemeanor, a conviction for a felony, probation, each of these has different implications for your pharmacy license. An attorney who practices only licensing law will not understand these distinctions.

I can coordinate strategy between both cases. Your criminal case and your licensing case are happening simultaneously. What you say or submit in one can be used against you in the other. Very few attorneys understand how to protect you in both proceedings.

I have represented clients in over two hundred criminal jury trials. I have handled trials in state court, federal court, and appeals. When I walk into a Board of Pharmacy hearing or settlement conference, I am comfortable because I have been in higher-pressure situations.

I know the people and the process. Over many years, I have built working relationships with Board staff. I understand how the Board operates and what information they need.

I draw on experience across multiple licensing boards. I have represented nurses, pharmacists, pharmacy technicians, physicians, and other healthcare professionals before their respective licensing boards. While each board has its own specific rules, the due process requirements and administrative procedures are similar. This breadth of experience informs how I handle pharmacy licensing cases.

What You Should Do If You’ve Been Arrested

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If you are a pharmacist or pharmacy technician and you have been arrested, here is what you need to do immediately:

1. Stop talking. Do not speak to law enforcement, your employer, Board investigators, or anyone else about the situation without an attorney present. If someone asks you about it, say: “I need to speak with an attorney before I can discuss this.”

2. Do not try to handle this yourself. Understanding pharmacy practice and understanding the intersection of criminal law and administrative licensing law are completely different skill sets.

3. Contact an attorney immediately. The best time to hire an attorney is right after arrest, before you have said or done anything that could hurt your case.

4. Do not write a response to the Board without legal counsel. If you receive a Notice of Investigation letter from the Board, do not write your own response. What you think is helping you is likely harming you.

5. Understand that time is critical. Deadlines in these cases are strict and unforgiving. If you miss a deadline, you may waive important rights.

6. Do not talk on jail phones. If you are arrested and held in custody, do not make phone calls from the jail. All jail calls are recorded. I have had cases where my clients’ own statements on jail calls were used as evidence against them in both criminal and licensing proceedings.

When prospective clients ask me how much this is going to cost, I often ask them: what is your license worth to you?

As a pharmacist in Texas, you earn an average of approximately one hundred forty-three thousand dollars per year. Over a thirty-year career, that is over five million dollars in lifetime earnings. After you have already invested years and tens of thousands of dollars in your education, can you afford not to protect that investment?

In a typical case involving a criminal charge and a Board of Pharmacy investigation, I generally charge a flat fee for the criminal defense and a minimum fee for the initial phase of Board matters, with additional fees at my hourly rate depending on how the case develops. I can only determine appropriate fees after an initial consultation and review of your specific situation.

Beyond attorney fees, there may be additional expenses that can make a difference in your case:

Drug testing. Hair follicle drug testing from accredited, certified laboratories provides objective evidence of sustained sobriety.

Treatment programs. Inpatient or outpatient treatment shows the Board you are addressing underlying issues.

Private investigation. I work with licensed private investigators to obtain records, statements, video evidence, and other documentation critical to building a strong defense.

These are not just expenses. They are investments in protecting your license, your career, and your future.

Sometimes in a consultation, I present options clients have not thought about:

Resignation in lieu of sanctions. In some cases, particularly for pharmacy technicians, it may make sense to surrender the license rather than fight a lengthy and expensive battle. This is especially true if criminal consequences are severe and avoiding prison time is the priority.

I have negotiated plea agreements where a pharmacy technician agreed to surrender their license in exchange for probation rather than incarceration. For a pharmacy technician, the educational and financial investment is less than for a pharmacist, and there may be other career paths available.

Focus on the criminal case first. In rare circumstances where the potential criminal consequences are severe, we might focus primarily on the criminal case and carefully limit engagement with the Board investigation to prevent creating evidence that could be used criminally.

Weighing all options. You need to understand all of your options, the likely outcomes of each, and make an informed decision about how to proceed. Sometimes resignation makes sense. Sometimes fighting is worth it. Every case is different.

I have seen an alarming trend of pharmacists and pharmacy technicians trying to use AI or internet research to figure out how to handle their Board cases.

AI cannot understand the legal framework, the specific context of your situation, or the nuanced interplay between criminal and administrative law. It produces answers that may sound authoritative but could be completely wrong. The internet is full of general information that may or may not apply to your specific circumstances under current Texas law.

Pharmacists and pharmacy technicians are intelligent, educated professionals who are accustomed to solving problems. But this is not a problem you can solve by reading articles online or consulting AI.

Whatever you think you know about this process based on internet research or AI, it is probably incomplete at best and dangerously wrong at worst.