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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

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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