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