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