Penalties And Procedures

Question 1

Define suspension

Answer 1

License not in effect for a specific amount of time

Question 2

Define revocation

Answer 2

License is void and no longer in effect

Question 3

Define restriction

Answer 3

Limit, confine, or restricted license with certain terms or conditions a.k.a. cannot work by yourself

Question 4

Define administrative penalty

Answer 4

A fine that cannot exceed $5000 per violation, but every day violation occurs as a separate violation
Civil penalties for license violations an unlawful practice can be as much as $1000 per day

Question 5

Define probation

Answer 5

Suspension of an imposed sanction during good behavior

Question 6

Defined reprimand

Answer 6

Public and formal censure of license a.k.a. a slap on the wrist

Question 7

Define retire

Answer 7

License is withdrawn and no longer in effect

Question 8

How does TS BP initiate formal discipline against a licensee?

Answer 8

1) Preliminary notice letter
2) Informal conference (non-public)
3) Formal conference (public hearing)
4) Re-issuance or removal of restriction’s on license

Question 9

Preliminary notice letter

Answer 9

Do not ignore because it can result in a default judgment against your license
Will offer an opportunity to attend a non-public, informal conference
Most cases are voluntarily settled through the informal conference but if not a formal conference will be held

Question 10

Informal conference

Answer 10

A voluntary settlement conference for the licensee and or his or her attorney meet with the board panel consisting of one boardmember, the executive director, and director of enforcement
Wisen’s he is given an opportunity to show compliance with the law. If compliance with the law can be demonstrated, the charges will be dismissed
If the charges are not dismissed, the board will make a recommendation to resolve the case by proposing and agreed board order and the license he can except or reject the ABO
Once an APO has been approved, it cannot be appealed***

Question 11

Formal conference

Answer 11

A hearing, like a trial, is conducted in front of administrative law judge who issues findings of facts and conclusions of law and recommend sanctions to the board and the board order
The board excepts, denies, or modifies the board order and then this can be appealed, but a motion for rehearing must first be filed

Question 12

Reassurance or removal of restrictions on license**

Answer 12

Before requesting the reassuring of a license, the licensee must wait a minimum of 12 months

Question 13

Define subpoena authority

Answer 13

Used to compel attendance of witnesses or to compel the production of documents or records

Question 14

Define temporary suspension

Answer 14

A 3 member disciplinary panel may temporarily suspend or restricted license if continued practice would constitute a continuing threat to public welfare
A temporary suspension can take place immediately if the hearing is scheduled not later than 14 days after the suspension or restriction

Question 15

Define remedial plan

Answer 15

Remedial plans are not considered formal disciplinary action better public documents. Remade your plans are removed from the licensees record after five years

Question 16

When can you not do a remedial plan?

Answer 16

Death, hospitalization, commission of a felony, unlicensed practice, audit shortage, diversion of controlled substance is, impairment, on authorized dispensing, gross immortality, fraud, deceit, misrepresentation, or disciplinary actions by board of pharmacy in another state

Question 17

Define mental or physical exam

Answer 17

May request or required submission upon the finding of probable cause that identifies a mental or physical incapacity that would prevent him or her from practicing with the level of skill and competency that ensures the public health, safety, and welfare