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Texas Pharmacy Association 2026 Resources | Boesen & Snow Law

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2026 TPA Conference and Expo
Free resources · 2026 TPA Conference & Expo

Pharmacist Resource Center

Fight Club for Pharmacists: Courts, PBMs, Deepfakes and the Art of Not Tapping Out
Presented by Mark D. Boesen, Pharm.D., J.D. · Saturday, July 25, 2026 · 8:00–9:00 AM · The Woodlands, TX


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Checklist · SOP templates · resource list

QR code for the pharmacist resource page

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boesensnowlaw.com/tpa2026
What’s inside

Built for pharmacists in the fight

Practical, ready-to-use tools tied to the three rounds of Mark’s session: compounding litigation, PBM/ERISA, and AI-generated “deepfake” complaints.

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Audit & Complaint Checklist

A practical first-48-hours response guide for PBM audits and board complaints.

  • Record deadlines and preserve the original notice.
  • Protect records, email headers, photos, audio, and video.
  • Avoid altering, backdating, or “cleaning up” documents.
  • Notify the PIC, ownership, and appropriate counsel promptly.
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4 Editable SOP Templates

Editable Word templates your pharmacy can tailor and adopt.

  • PBM audit response SOP
  • Board complaint and investigation SOP
  • Evidence preservation and AI-generated evidence SOP
  • 503A / 503B compliance documentation SOP
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Pharmacist Resource List

A concise guide to the legal authorities and warning signs discussed during the session.

  • Key compounding and PBM cases
  • ERISA preemption considerations
  • AI and deepfake evidence concerns
  • Clear triggers for contacting counsel
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Take the resources with you

Free to download and share. Prepared by Boesen & Snow Law for TPA attendees.

PDF · Ready to read

Full Resource Packet

The complete branded packet, including the checklist, all four SOP templates, and the resource list in one PDF.

Download PDF packet

Word · Editable

SOP Templates (.docx)

The four SOP templates as an editable Word file. Fill in the fields and tailor them to your pharmacy.

Download Word templates

Know the moment

Call counsel right away if…

These situations move fast. Don’t go it alone.

  • You receive any PBM audit notice, board complaint, inspection finding, or subpoena.
  • An auditor or investigator asks you to sign an attestation, repayment, or consent order.
  • A complaint is supported by photos, audio, video, or documents you believe are fake or altered.
  • A competitor threatens or files suit over your compounding practices.
  • You are unsure whether a document request is within the requester’s legal authority.

Cases shaping the fight

Zyla Life Sciences / Wells Pharma (5th Cir.)
Competitors can use state unfair-competition law to attack another pharmacy’s alleged 503A/503B non-compliance. Compounding compliance is no longer only an FDA matter.
Rutledge v. PCMA (U.S. 2020)
States can regulate PBM reimbursement. Cost regulation that merely raises plan costs is not ERISA-preempted.
PCMA v. Mulready (10th Cir. 2023)
State PBM network-design mandates, including any-willing-provider and access standards, were preempted. States cannot dictate plan benefit structures.
McKee Foods Corp. v. BFP, Inc. (6th Cir. 2026)
Reinforces the line: states may regulate base costs and reimbursement but not how an ERISA plan structures benefits, networks, or steering.

Boesen & Snow Law

Intelligent Health Law Solutions

A healthcare-defense firm providing health-law and compliance services to pharmacies and healthcare professionals nationwide, including pharmacy law, PBM audits, DEA/FDA matters, 503A/503B support, board-of-pharmacy defense, and PharmaFortify® compliance solutions.

AttorneyMark D. Boesen, Pharm.D., J.D.
Office8501 E. Princess Drive, Suite 220, Scottsdale, AZ 85255

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