The board found FMC guilty of failure to provide a true copy of its records to pharmacy board staff and employing workers who redacted or modified records. The wholesaler was also found guilty of failing to provide copies of all of the records requested by board staff.

Board of Pharmacy Executive Secretary Keith Mcdonald requested FMC's records Jan. 5 for use in an investigation of another pharmaceutical wholesaler, the complaint Mcdonald signed March 15 said.

The complaint said the investigation of the other undisclosed wholesaler would be halted if FMC doesn't provide its records, which may include purchase orders, invoices, shipping records and wire transfers.

The wholesaler redacted pricing information from the records it provided to Mcdonald's office because the information was proprietary and Nevada law doesn't require them to provide it, said Steven Gibson, one of FMC's attorneys with Santoro, Driggs, Walch, Kearney, Johnson & Thompson.

"We have serious concerns about the application of due process to these proceedings," Gibson said. "We are evaluating the appropriate judicial and other avenues for relief given our serious concerns about the due process."

James Boyle, Gibson's colleague and an FMC attorney, said FMC provided additional documentation to Mcdonald's office after the complaint was generated, but the pharmacy board based its decision on the original complaint.

"We need to provide to the board all the documents that we have to date and failed to provide to them," he said. (But,) there's no definition as to what we have failed to provide."

He said board staff must verify that FMC is now in compliance with Nevada law before it can have its wholesale license reinstated.

It is possible FMC's license could be reinstated as early as the next pharmacy board meeting on July 21 in Las Vegas.