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 – 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 – 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) 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) 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) Sequestration – Some may be asked to leave the hearing room

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) 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 – 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) 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) Pre-hearing conference – Basically a feeling out time – Facts may be entered – Or consent agreements

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) 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) 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) Reinstatement – Full board makes decision – Lesser committee may make recommendation

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) Not given often Requires immediate stoppage Can instantly be bumped to Judicial system Generally temporary until full board/court review

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