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Chapter 3: Board Hearings

Chapter 3: Board Hearings. Jeffery D. Evans, Pharm.D . Associate Professor of Pharmacy Practice ULM COP. Chapter 3. Purpose To discuss a plan on what happens when a licensed entity does unadvised things Defines role of a couple of the committees Impact on practice

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Chapter 3: Board Hearings

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  1. Chapter 3: Board Hearings Jeffery D. Evans, Pharm.D. Associate Professor of Pharmacy Practice ULM COP

  2. Chapter 3 • Purpose • To discuss a plan on what happens when a licensed entity does unadvised things • Defines role of a couple of the committees • Impact on practice • Hopefully you will never see this side of the board • Significant impact on those that must go in front of the board

  3. Definitions and Summons (301 – 303) • Definitions • What is a person? • What authority over what subject matter and where? • Summons • Required information • These letters are not super clear

  4. Legal Terms (305 – 313) • Service • Delivery of the summons to last known address • Default Proceedings • If you don’t respond, you lose the right to defend • Joinder • Multiple ‘complaints’ may be tried at the same time • Consolidation • Very similar to a Joinder • Severence • Opposite of the above two

  5. Motions and excuses (315 – 317) • Motion • Such as dismissals, filed within 5 days of hearing • Recusation • Removal from the case • Person may recuse themselves • Board may vote to recuse the person (usually after the respondent has requested it) • Usually if there is a personal conflict

  6. All alone (319) • Sequestration • Some may be asked to leave the hearing room

  7. Guidelines for Investigation and Sanctions (321 – 323) • Several factors go into determination of sanction • Investigation • Completed by a board agent (usually inspectors) • Report must be completed and turned in.

  8. Violations Committee (325) • Committee decides if • Informal hearing • Info here can not be used at later hearings • Member must recuse themselves from later hearings • Charge may ‘die’ here • Interlocutory (summary) • Quick turnaround • Results are quick • Must be a clear danger to the public • Probation Violation • May be either of the above

  9. Impairment Committee (327) • Impairment • You may be impaired and ok as long as you do not pose a danger to the public • Committee • Supervises the Practitioner Recovery Program • Recommends providers to evaluate licensees • Holds informal hearings • If person admits he must surrender his license • Makes recommendations about reinstatement

  10. Regarding Formal Hearings (329 – 331) • The real deal • Full board hearing, not all get here • All eligible* board members hear the case • Managed by the presiding hearing officer

  11. I’m guilty, take pity on me (333 – 335) • Pre-hearing conference • Basically a feeling out time • Facts may be entered • Or consent agreements

  12. Layout of the hearing (337 - • Opening Statement • Both sides may start this way • Evidence • Very similar to what you see on TV • Presiding hearing officer decides what is admissible • Closing Argument

  13. That’s all folks! (343 – 349) • Board Decisions • Due within 30 days of the hearing • Then provided to the respondent • Go into effect 11 days after respondent receives it • Unless appealed • Complaint Dismissal • Completed immediately • Transcripts • Available for a low-low price • Contempt • Not appearing or complying with instructions

  14. The dust settles (351 – 355) • Administrative Review • Rehearing request (10 days) • Grounds • Board’s decision was clearly illegal • New evidence • New issues • Public interest? • Time • Board has 30 days to respond) • Judicial Review • 30 days to file either from original order or rehearing denial • Reporting • Board may post whatever it thinks is important

  15. Happy ending? (357) • Reinstatement • Full board makes decision • Lesser committee may make recommendation

  16. Opinions (359) • The board may issue opinions • If asked • In writing • Non-binding • Used by practitioners to interpret the rule

  17. Cease and Desist orders (361) • Not given often • Requires immediate stoppage • Can instantly be bumped to Judicial system • Generally temporary until full board/court review

  18. Conclusion • Important Stuff • Understand your ‘due process’ • Understand the board represents the public • NOT YOU!!!!!!!!!!!!!!!!!!! • Understand when you must comply • Understand the different types of hearings • Understand when things get serious

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