Pharmacy License Defense
Representation Before the State Board of Pharmacy
The State Board of Pharmacy licenses pharmacists, issues pharmacy permits, registers nonresident pharmacies, pharmacy interns, pharmacy technicians and technician trainees, and authorizes qualified pharmacists to administer injectable medications and immunizations. The Board inspects pharmacies and enforces detailed rules on dispensing, recordkeeping and controlled substances.
Board matters commonly arise from inspection findings, controlled substance inventory discrepancies, dispensing errors, diversion allegations, employer reports and referrals from other agencies. Because the Pharmacy Act reaches both the individual pharmacist and the permit holder, a single event may lead to proceedings against the pharmacist in charge, the staff pharmacist and the pharmacy itself.
Mimm Law, LLC represents pharmacists, technicians and pharmacy permit holders at every stage of a Board matter, including inspection matters, monitoring program matters and temporary suspensions.
Governing Law
- Board
- State Board of Pharmacy
- Statute
- Pharmacy Act, 63 P.S. §§ 390-1 to 390-13
- Regulations
- 49 Pa. Code Chapter 27
- Licensees
- Pharmacists, technicians and pharmacies
- Renewal
- Biennial; pharmacist licenses renew in even-numbered years, and pharmacy permits and technician registrations in odd-numbered years.
Who the Board Regulates
- Pharmacist license
- Pharmacy permit
- Nonresident pharmacy registration
- Pharmacy intern registration
- Pharmacy technician and pharmacy technician trainee registrations
- Authorization to administer injectable medications, biologicals and immunizations
Grounds for Discipline
Section 5 of the Pharmacy Act (63 P.S. § 390-5) authorizes the Board to discipline a pharmacist for, among other things:
- Obtaining a license by fraud, misrepresentation or deceit
- A conviction or plea (including nolo contendere, or probation without verdict or ARD on felony charges) for any offense connected with the practice of pharmacy or involving moral turpitude
- Unfitness because of alcohol, controlled substances or other substances, or physical or mental inability to practice
- Violation of, or knowingly permitting a violation of, the Pharmacy Act or the Board's regulations
- Permitting unlicensed persons to conduct a pharmacy or fill prescriptions without proper supervision
- Dispensing a drug of different ingredients, strength or brand without the prescriber's consent, except as generic substitution allows
- Grossly unprofessional conduct, including misbranding, adulteration and the reuse of returned drugs
- Discipline in another state, territory or country
- Conduct presenting an immediate and clear danger to public health or safety
- Incompetence, gross negligence, malpractice or failure to conform to prevailing standards of pharmacy practice
Sanctions the Board May Impose
The Board may deny a license, issue a public reprimand, revoke, suspend, limit or restrict a license, require treatment, impose probation or restore a license subject to conditions. The Act provides separate grounds for action against a pharmacy permit. The Board may order a temporary suspension where a licensee presents an immediate and clear danger, and a license is automatically suspended upon a felony drug conviction. A revoked license may not be reinstated for at least five years, with re-examination, and after a felony drug conviction a person may not seek reinstatement until ten years after the conviction.
In addition to the sanctions in the Board's own statute, Chapter 31 of Title 63 of the Pennsylvania Consolidated Statutes authorizes each licensing board to impose a civil penalty of up to $10,000 per violation and to assess the costs of investigation against a licensee found to have violated the law.
Obligations That Often Lead to Board Matters
Inspections and Records
The Board inspects pharmacies, and inspection reports must be kept on site. Prescription records, controlled substance inventories and dispensing records must be maintained as the Act and regulations require. Since July 7, 2026, a pharmacist must also, on request, disclose the retail price and the consumer's cost-sharing amount for a brand drug and any generic equivalent, and each pharmacy must post a notice of that right.
Supervision and Staffing
A pharmacist must be on duty whenever the prescription area is open, technicians must work under a pharmacist's direct and immediate personal supervision, a change of pharmacist manager must be reported to the Board within 15 days, and a change of name, ownership or controlling interest requires a new permit application within 30 days.
Continuing Education and Reporting
Pharmacists must complete 30 hours of continuing education each biennial period, including 2 hours in patient safety, 2 hours in child abuse recognition and reporting and, for pharmacists authorized to administer injectables, 2 hours on injectables and immunizations. Discipline by a licensing agency of another jurisdiction, and any finding of guilt, admission of guilt, nolo contendere plea, probation without verdict, disposition in lieu of trial or ARD on a felony or misdemeanor charge, must be reported to the Board in writing within 30 days.
Matters We Handle
- Dispensing errors and patient complaints
- Controlled substance recordkeeping and inventory discrepancies
- Findings from Board inspections of a pharmacy
- Referrals to the Professional Health Monitoring Program
- Criminal charges and convictions affecting licensure
- Applications and reinstatement following suspension or lapse
- Board-ordered mental or physical evaluations
- Civil penalties after an inspection
How We Can Help
Board Investigations
Upon receipt of a letter of inquiry, a subpoena or contact from an investigator, the firm evaluates the allegations, reviews the licensee's records, prepares a written response and attends any investigative interview. In some matters, an early, well-documented response may resolve the matter before formal charges are filed.
Formal Charges and Hearings
When the Commonwealth files an Order to Show Cause, the time to respond is short, and a respondent who misses the deadline may be held in default and the facts alleged deemed admitted. The firm prepares and files the answer, negotiates a consent agreement where one serves the client's interests, and tries the matter before the hearing examiner or the Board where it does not.
Applications and Reinstatement
For applicants whose history may raise questions, and for licensees seeking reinstatement after suspension, revocation or lapse, the firm assembles the application and supporting record and presents the matter to the Board.
Questions Licensees Ask
Our pharmacy's controlled substance count is short. What should we do?
Document the discrepancy, complete the reports the law requires and preserve the inventory records and camera footage. The explanation offered at the outset will be scrutinized later, so it should be accurate and should not speculate about responsibility before the facts are known. The pharmacist manager must also notify the Board in writing within 15 days of terminating a pharmacist, intern, technician or trainee for a drug-related reason, including theft or diversion.
Can the Board discipline me as pharmacist manager for a staff member's error?
It may. The Act makes knowingly permitting violations, and failing to provide proper supervision, grounds for discipline. The pharmacist manager's policies, training and response to known problems are often the focus of the inquiry.
Is the Voluntary Recovery Program available to pharmacists?
Yes. The State Board of Pharmacy participates in the Professional Health Monitoring Program. A qualifying pharmacist who enrolls in the Voluntary Recovery Program may avoid public discipline, but pharmacists who have engaged in diversion for sale or who have certain drug convictions are not eligible.
Should I speak with an investigator before I have counsel?
A licensee who receives a letter of inquiry, a subpoena or a telephone call from an investigator with the Bureau of Enforcement and Investigation should be courteous and should note the investigator's name and contact information, but should not give a substantive statement before obtaining advice. Anything said to an investigator may be included in the report reviewed by the prosecuting attorney and, later, by the Board. Counsel can determine what is being alleged, gather the relevant records and prepare a response that is accurate, complete and appropriately limited.
Must I report a criminal conviction, plea or ARD, or discipline in another state?
Yes. Pennsylvania law requires every licensee to notify the licensing board in writing within 30 days of discipline imposed by a licensing authority in another jurisdiction and of a finding of guilt, guilty plea, plea of nolo contendere, probation without verdict, disposition in lieu of trial or Accelerated Rehabilitative Disposition on a felony or misdemeanor charge. Some boards' regulations impose additional or earlier reporting duties, including, for nurses and massage therapists, a duty to report the filing of criminal charges within 30 days. A failure to report is itself a ground for discipline, and it is frequently charged alongside the underlying conduct.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel.
Related: All Licensing Boards · Licensing and FAQs
Last reviewed September 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.