Frequently Asked Questions

Pharmacies across Texas are facing heightened enforcement and increased scrutiny by the Texas Board of Pharmacy (“BOP”). In recent months, aggressive investigators have conducted surprise visits to pharmacies. In some cases, the BOP has gone so far as to ask pharmacists to surrender their license on the spot.

If you are targeted by the BOP or other agency, it is critical to not say or do anything unless you fully understand the implications. In addition, it is always advisable to have a witness so investigators cannot twist statements to support their position.

Like PBM audits, your statements can be recorded and used against you. Therefore, before the underlying facts and circumstances become clear, it is advisable to not take a position on anything absent legal representation.

Likewise, get prepared. Don’t wait for an investigation to arise before you take steps to protect yourself. If you are aware of areas of potential concern, whatever they may be, let us help you address them.

In a highly regulated industry like healthcare, there are often grey areas around compliance. Although these areas present opportunities, some degree of risk comes with everything.

If and when someone disagrees with the approach your business has taken, all processes involved will be heavily scrutinized and tested. Your decision-making and compliance efforts likewise will be second-guessed.

In short, act proactively to insulate your livelihood from attack, whether that be from the Texas Board or any other regulator. And if you are already dealing with an investigation or discrepant PBM audit that could be referred to regulators, don't wait to take defensive action. Schedule a free consultation now.

MORE ARTICLES BY CATEGORY

Get a Free Case REVIEW

100% Confidential & Secure. Your details are safe with us.

We'll speak soon!

In the meantime, why not find out more about us or visit our blog.

Alternatively, give us a call at (800) 345 - 4125

Oops! Something went wrong while submitting the form.

Resolving Prescription “Red Flags” Is No Longer Optional: Federal Scrutiny Tightens on Controlled-Substance Dispensing

Pharmacists must resolve “red flags” under the Controlled Substances Act’s corresponding-responsibility requirements before dispensing controlled substances. Overlooking warning signs, such as cash-paid, high-dose opioid prescriptions—can now trigger False Claims Act liability and massive penalties, as demonstrated by Walgreens’ $350 million settlement in April 2025.

Read More >>

9th Circuit’s Landmark EKRA Ruling—What Providers Should Know

On July 11, 2025, the 9th Circuit upheld a laboratory operator’s convictions for violating EKRA by paying marketing agents to mislead providers into providing patient referrals for medically unnecessary blood tests. In this article, we analyze the 9th Circuit’s ruling and what it means for the future of EKRA enforcement.

Read More >>

Collateral Consequences Mount Quickly After Adverse DEA Inspection

Adverse findings during a DEA inspection can trigger a chain reaction of serious consequences for pharmacies, including increasing fines, suspension or revocation of DEA registrations and pharmacy licenses, costly False Claims Act (FCA) lawsuits, and potential criminal liability.

Read More >>

Heath Law Alliance Secures Reversal of a Medicaid Payment Suspension

Health Law Alliance successfully secured a full reversal of a Medi-Cal payment suspension for a California pharmacy, overturning speculative allegations made by the Department of Health Care Services. This case highlights the firm’s ability to protect healthcare providers against unjust enforcement actions and the critical value of experienced legal counsel in Medicaid and insurance disputes.

Read More >>