Chapter 3 board hearings
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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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Chapter 3 board hearings

Chapter 3: Board Hearings

Jeffery D. Evans, Pharm.D.

Associate Professor of Pharmacy Practice

ULM COP


Chapter 3

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


Definitions and summons 301 303

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


Legal terms 305 313

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


Motions and excuses 315 317

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


All alone 319

All alone (319)

  • Sequestration

    • Some may be asked to leave the hearing room


Guidelines for investigation and sanctions 321 323

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.


Violations committee 325

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


Impairment committee 327

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


Regarding formal hearings 329 331

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


I m guilty take pity on me 333 335

I’m guilty, take pity on me (333 – 335)

  • Pre-hearing conference

    • Basically a feeling out time

    • Facts may be entered

    • Or consent agreements


Layout of the hearing 337

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


That s all folks 343 349

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


The dust settles 351 355

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


Happy ending 357

Happy ending? (357)

  • Reinstatement

    • Full board makes decision

    • Lesser committee may make recommendation


Opinions 359

Opinions (359)

  • The board may issue opinions

    • If asked

    • In writing

    • Non-binding

    • Used by practitioners to interpret the rule


Cease and desist orders 361

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


Conclusion

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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