The Board of Pharmacy and Other Agencies
Give 2 documents Board of Pharmacy enforces.
2-California Hazardous Substances Act as it applies to Board's jurisdiction
An injunction is a court order requiring a person to do or cease doing a specific action.
When can a Governor temporarily suspend any laws/regulations that impose nonsafety-related restrictions on pharmaceutical delivery?
During federal, state, or local emergency
During a state of federal, state, or local emergency can the Board waive the application of ANY provision of Pharmacy Law?
It depends. Only if the waiver "will aid in the protection of public health or the provision of patient care"
Can the Board suspend nonsafety-related controlled substances provisions of the Health and Safety Code?
No, only the Governor can suspend nonsafety-related controlled substances provisions of the Health and Safety Code
What are admonishment letters?
similar to order of correction.
How can it be repealed?
requesting informal office conference, then appeal to courts
What happens if final order of correction isn't complied with by the licensee?
It can result in discipline
What must be submitted after a final order of correction is received?
A written corrective action plan
What may a citation include?
Fine, order of abatement or both.
Requires that someone take action
Hearing processes and most of the disciplinary processes are governed by what act?
APA. Administrative Procedure Act
Can the Board cite and fine for defaulting on a federal HHS education loan?
Yes. Up to $2500.
What's the order of severity (from least to greatest) of actions that the Board can take against licensees among the following:
a. citations and fines
b. admonishment letters
c. referral to criminal prosecutors
d. disciplinary action
citations and fines
referral to criminal prosecutors
What rights are included the "bill of rights" that a licensee is entitled if they are subject to disciplinary action?
a) right to written notice of charges
b) opportunity to be heard, present and rebut evidence
c) written decision based on the record and including a statement of accusation
How many days does a recipient of a displinary action notice of charges have to submit a notice of defense?
Pending hearing of the charges, the Board may issue an interim suspension order, or automatically or summarily suspend any license. What's the difference?
-Board must automatically suspend a licensee: Who has been incarcerated after a felony conviction for the length of that incarceration.
-Board must summarily suspend any license:
• For various felony convictions committed in the course of licensed practice
• Where a patient was a victim, that involved a specific intent to deceive, defraud, steal
• Who makes a false statement or the illegal sale or possession for sale of or trafficking in any controlled substance
-Board must issue interim suspension order against license holder convicted of felony substantially related to the qualifications, functions, or duties of the suspensions
What is a hearing officer also known as?
ALJ: administrative law judge
How are most disciplinary cases often resolved?
Mental and Physical Impairment actions may include two things:
a) order for examination by physicians or psychologists it designates
b) take action on the grounds of the impairment
The pharmacist recovery program is meant to do what?
rehabilitate licensees whose have abuse problems, so pharmacists can turn voluntarily for confidential assistance
what are civil actions?
legal action to protect a private civil right or to compel a civil remedy
Can most violations of Pharmacy Law be prosecuted as crimes?
Yes, but only the most serious legal violations are referred to criminal prosecutors as such.