Licensure Defense from the Board of Pharmacy

Similar documents
Assembly Bill No. 602 CHAPTER 139

STATE OF MICHIGAN COURT OF APPEALS

ALABAMA BOARD OF MEDICAL EXAMINERS ADMINISTRATIVE CODE CHAPTER 540 X 12 QUALIFIED ALABAMA CONTROLLED SUBSTANCES REGISTRATION CERTIFICATE (QACSC)

LOUISIANA LICENSING LAW FOR DRUG AND DEVICE DISTRIBUTORS

SAN FRANCISCO EMERGENCY MEDICAL SERVICES AGENCY CERTIFICATE/LICENSE DISCIPLINE PROCESS FOR PREHOSPITAL PERSONNEL

ALABAMA BOARD OF ATHLETIC TRAINERS ADMINISTRATIVE CODE CHAPTER 140 X 6 COMPLIANCE AND DISCIPLINARY ACTION TABLE OF CONTENTS

Social Security Number Required: Enter on separate page provided in the application. 7 Dentist Address:

1 HB By Representatives McCutcheon, Pringle, Sanderford, Ball, 4 Williams (P) and Patterson. 5 RFD: Boards, Agencies and Commissions

SAFE IMPORTATION OF MEDICAL PRODUCTS AND OTHER RX THERAPIES ACT OF 2004 (SAFE IMPORT ACT) SECTION-BY-SECTION SEC. 1. SHORT TITLE.

APPROVED REGULATION OF THE BOARD OF DISPENSING OPTICIANS. LCB File No. R Effective August 30, 2018

TITLE XXX OCCUPATIONS AND PROFESSIONS

Meeting Called to Order

[SUBSECTIONS (a) AND (b) ARE UNCHANGED]

2010 No. 231 HEALTH CARE AND ASSOCIATED PROFESSIONS. The Pharmacy Order 2010

Administrative Law in Washington. Administrative Law in Washington

BYLAWS THE MEDICAL STAFF SHAWANO MEDICAL CENTER, INC. VOLUME II CORRECTIVE ACTION PROCEDURES AND FAIR HEARING PLAN ADDENDUM

Administrative Law in Washington. Administrative Law in Washington. Administrative Law in Washington. Administrative Law in Washington

IC ARTICLE 30. PRIVATE INVESTIGATOR FIRMS, SECURITY GUARDS, AND POLYGRAPH EXAMINERS. IC Chapter 1. Private Investigator Firm Licensing

New Jersey State Board of Accountancy Laws

RULES OF DEPARTMENT OF COMMERCE AND INSURANCE DIVISION OF REGULATORY BOARDS TENNESSEE STATE BOARD OF ACCOUNTANCY

STATE OF FLORIDA BOARD OF PHARMACY

Instructions for Applying to be Reinstated After 5 Years

208.4 Inquiry Panel Review. applicant has established that he or she possesses the character and fitness necessary to practice law in

- 79th Session (2017) Senate Bill No. 437 Committee on Commerce, Labor and Energy

2ND SESSION, 41ST LEGISLATURE, ONTARIO 66 ELIZABETH II, Bill 87. (Chapter 11 of the Statutes of Ontario, 2017)

10 A BILL to amend and reenact , , , , , , , , ,

BERMUDA MEDICAL PRACTITIONERS ACT : 38

Washington Association of Building Officials Accredited Code Official Program

Disclosures. State Legislative Compounding Update. States Biennial Sessions Learning Objectives. State Legislative Overview

Senate Bill No. 406 Senator Hammond

FILED STATE OF CALIFORNIA MEDICAL BOARD OF CALIFORNIA SACRAMENTO L)l") 1.., !..]_ BY 'i\ < 1 c l-y..._,,.:l') ANALYST

IC Chapter 5. Regulated Lifting Devices

77th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. Senate Bill 387. Sponsored by Senator BATES (Presession filed.) CHAPTER...

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled

CHILD CARE CENTER Regulations GENERAL LICENSING REQUIREMENTS (Cont.) Article 4. ENFORCEMENT PROVISIONS

Illinois Surgical Assistant Law

2.3 The National Electrical Code may be examined at any state publications depository library.

HOUSE... No The Commonwealth of Massachusetts. In the Year Two Thousand Eleven

DEPARTMENT OF JUSTICE Drug Enforcement Administration. Franklyn Seabrooks, M.D. Decision and Order

CODING: Words stricken are deletions; words underlined are additions. hb e1

So You Wanted To Be A Licensed Professional Geologist:

Board -- Establishment and appointment -- Terms -- Officers -- Meetings -- Reimbursement.

The Pharmacy Act, 1996

CLINICAL ASSISTANT APPLICATION

ALABAMA BUILDING COMMISSION ADMINISTRATIVE CODE CHAPTER 170 X 24 ALABAMA HOME INSPECTORS REGISTRATION PROGRAM TABLE OF CONTENTS

Tools Regulatory Review Materials California Accountancy Act

The Pharmacy and Pharmacy Disciplines Act

PRESCRIPTION MONITORING PROGRAM MODEL ACT 2010 Revision

HOUSE AMENDMENT Bill No. HB 5511 (2012) Amendment No. CHAMBER ACTION

ORDINANCE NO ; CEQA

CHAPTER House Bill No. 5511

JOINT COMMITTEE ON AGENCY RULE REVIEW Agenda - 10/3/2011-1:30 P.M. Statehouse Hearing Room 121(William McKinley Room) Consent

COLLEGE OF OPTOMETRISTS OF BRITISH COLUMBIA. Bylaws

RULES REGULATING THE FLORIDA BAR CHAPTER 1 GENERAL INTRODUCTION 1-1. NAME. The name of the body regulated by these rules shall be THE FLORIDA BAR.

Social Workers Act CHAPTER 12 OF THE ACTS OF as amended by. 2001, c. 19; 2005, c. 60; 2012, c. 48, s. 40; 2015, c. 52

STATE OF FLORIDA BOARD OF MEDICINE FINAL ORDER. THIS CAUSE came before the BOARD OF MEDICINE (Board)

SUPPLEMENTAL APPLICATION FOR FIRST JUDICIAL CIRCUIT MAGISTRATE OR HEARING OFFICER

OROVILLE UNION HIGH SCHOOL DISTRICT. BP 4118 (a) Personnel. Dismissal/Suspension/Disciplinary Action

ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY ADMINISTRATIVE CODE CHAPTER 30-X-7 PROCEDURE FOR ENFORCEMENT TABLE OF CONTENTS

ARTICLE XIV PAIN MANAGEMENT CLINICS AND CASH ONLY PHARMACIES

The Pharmacy and Pharmacy Disciplines Act

AN ACT. Relating to the practice of psychology, providing for licensing of psychologists, making certain acts illegal and providing penalties.

Substitute for HOUSE BILL No. 2159

CHARTERED PROFESSIONAL ACCOUNTANTS OF ONTARIO REGULATION 17-1 PUBLIC ACCOUNTING LICENSING

St. Mary s Hospital & Medical Center CORRECTIVE ACTION & FAIR HEARING MANUAL

PHARMACY AND DRUG ACT

ALABAMA REAL ESTATE APPRAISERS BOARD ADMINISTRATIVE CODE CHAPTER 780 X 14 DISCIPLINARY ACTION TABLE OF CONTENTS

State of Florida Department of Business and Professional Regulation Division of Drugs, Devices, and Cosmetics

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING 2018 BUDGET SESSION

Government Gazette REPUBLIC OF SOUTH AFRICA

CHAPTER 477 COSMETOLOGY

Case 5:14-cv JLV Document 138 Filed 10/06/15 Page 1 of 18 PageID #: 1868

ACUPUNCTURE LICENSURE RULES AND REGULATIONS 4 CCR EFFECTIVE JANUARY 1, 2011 RULE 1 REQUIREMENT FOR LICENSURE 2 RULE 2 LICENSURE BY ENDORSEMENT 2

OBJECTS AND REASONS. Arrangement of Sections PART I. Preliminary PART II. Licensing Requirements for International Service Providers

Enforcement Standards for Licensing Regulations

West Virginia Board of Optometry

Engineering Ethics for Illinois Professional Engineers

PROJET DE LOI ENTITLED. The Medicines (Human and Veterinary) (Bailiwick of Guernsey) Law, 2008 * [CONSOLIDATED TEXT] NOTE

Real Estate Broker Renewal/Reinstatement Application

STATE OF FLORIDA BOARD OF PHARMACY

APPENDIX E ARC DISCIPLINARY POLICY

State of Florida Department of Business and Professional Regulation Division of Drugs, Devices, and Cosmetics

EFFECTIVE DATE NEBRASKA HEALTH AND HUMAN SERVICES JUNE 13, 2007 REGULATION AND LICENSURE 178 NAC 10

BERMUDA PHARMACY AND POISONS ACT : 26

The Supreme Court of South Carolina

Private Investigator and Security Guard Licensing Board

STATE OF FLORIDA DEPARTMENT OF HEALTH

BYLAWS Washington State Bar Association

(9) Adequacy of electric electronic detection and alarm systems, if any, including use of supervised transmittal lines and standby power sources;

Chiropractic Physician Renewal Application Renewal Period Covering 10/01/2012 through 09/30/2014

CITY OF STURGIS TITLE 38-1 TITLE 38 AMBULANCE SERVICE LICENSE

FILED STATE OF CALIFORNIA MEDICAL BOARD OF CALIFORNIA SACRAMENTO Dec, I~ BYt:an\ra~ on ANALYST

STATE OF NORTH CAROLINA NORTH CAROLINA BOARD OF PHARMACY ) ) ) ) ) THIS MATTER came on to be considered at a prehearing conference (hereinafter,

BYLAWS Washington State Bar Association

RULES OF THE TENNESSEE BOARD OF MEDICAL EXAMINERS CHAPTER GENERAL RULES AND REGULATIONS GOVERNING THE PRACTICE OF POLYSOMNOGRAPHY

CHAPTER 68 AN ORDINANCE TO AUTHORIZE AND REGULATE THE ESTABLISHMENT OF MEDICAL MARIHUANA FACILITIES.

Summary of 2017 Arkansas Legislation Involving the Arkansas Medical Marijuana Amendment of 2016

OFFICE OF ATTORNEY REGULATION COUNSEL JOB DESCRIPTION

Psychotropic Substances Act B.E (1975) BHUMIBOL ADULYADEJ, REX. Given on 4th January B.E. 2518; Being the 30th year of the present Reign.

Case 4:18-cv KGB Document 30 Filed 04/19/18 Page 1 of 21

Transcription:

Licensure Defense from the Board of Pharmacy Tony J. Park, Pharm.D., J.D. Ivan Petrzelka, Pharm.D., J.D., M.B.A. California Pharmacy Lawyers Board of Pharmacy Mandate B&P 4001.1 -- Protection of the Public is Board s Highest Priority Protection of the public shall be the highest priority for the California State Board of Pharmacy in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.... Property Interest vs Privilege INT vs RPH/PHY/LSC/WLS Investigations Catalysts Consumer Complaints Jurisdiction Role of Board of Pharmacy Inspectors To collect data NOT to consult or even advise regarding regulatory compliance To report their findings back to Board of Pharmacy Enforcement Division Notice of Violations 14 days to respond 1

Unprofessional Conduct By whom Pharmacist AND by the Pharmacy Within a licensed facility Outside a licensed facility Driving under the influence / Wet & reckless Public intoxication Other crimes Note on Marijuana CA Prop 64 (the campaign for the Adult Use of Marijuana Act) Non-Discipline v. Discipline Only disciplinary actions get posted on the Board of Pharmacy website Mandatory self-disclosure if licensed in another state Employment repercussions self-disclosure if question asks, have you EVER been found in violation of any pharmacy law. Enforcement Action Non-Disciplinary Letter of Admonishment Citation and/or Fine 2

Enforcement Action Disciplinary Letter of Reprimand Accusation Revocation Suspension Probation Probation Monitor Common Terms: Obey All Laws, Tolling, Supervised Practice, Posting of Probation Notice, Cannot be PIC, No Supervision of Interns, No New Ownership, Investigation & Prosecution Costs Recovery, Community Services, Ethics, Remedial Education ISO Interim Suspension Order Cease & Desist Order for LSCs only Appeals Informal Office Conference Stipulated Settlement Agreement MSC/PHC Administrative Hearing Threat of Non-adoption Writ of mandamus Arbitrary & Capricious burden of proof Opportunities for Reinstatement, Post-Probation, Post-Revocation Petition to Amend Probation Petition for Early Termination of Probation Petition for Reinstatement 3

Current Trends In Regulatory Enforcement LSCs & Non-Sterile compounders Controlled substance corresponding responsibility Patient Consultation CURES upload failure Inventory discrepancies Fraud, Waste & Abuse + DEA/FDA/DPH/DHCS Corresponding Responsibility MBC, DEA, or wholesaler may be source of complaint BOP investigates all complaints Typical fact pattern: Filling Rx s from prescribers engaging in pattern prescribing Limiting inquiry to technical aspects of Rx, i.e., did the prescriber issue the Rx, is it on proper form, etc. Cash payments Corresponding Responsibility Problem prescriber Dr. Crook CURES reports - identify all pharmacies that dispensed Rxs from the prescriber Investigation Accusation Discipline 4

Unapproved Drugs Compounding of drugs that are not part of FDAapproved product. Domperidone Not approved in US for any indication Approved in some countries for gastroparesis FDA issued several Warning Letters to compounders and banned import of Domperidone Domperidone IS NOT on the Do Not Compound list Allegations misbranded & unapproved drugs Unapproved Drugs FDCA exempts patient-specific pharmacy compounded drugs from prior approval, misbranding and adulteration provisions if: API is not on list of products withdrawn from the market for safety reasons, AND Product does not present demonstrable compounding difficulties, AND USP/NF Monograph exists, or API is on the list of approved compounds (pending) API is part of FDA-approved drug Conduct Outside of Work Alcohol or drug related incidents Mandatory disclosure of certain criminal convictions upon renewal or when applying for licensure DUIs held to constitute crime substantially related to the qualifications, functions and duties of licensee Public intoxication same as DUI for discipline 5

Conduct Outside of Work Almost always includes PRP if probation is granted Supervised practice Impairment at work not necessary for discipline based on substance abuse Discipline by Other State, etc. Grounds for discipline in CA Board does not have to prove the truth of the original allegations Suspension or revocation of license in other state automatic suspension in CA (BPC 4301.5) Board MAY set aside the automatic suspension if in interest of justice Licensee is entitled to a hearing (90 days) Unlicensed Activity Interstate shipments without license Most states require out-of-state license or registration Acting as Wholesaler without license Furnishing drugs for resale to another PHY or WLS 6

Compounding Unlicensed Activity (No LSC) No Master Formula (Even Magic Mouthwash) Beyond Use Date / Expired Ingredients Hazardous Compounding / Waiver PBM Audits Ask The Lawyers Questions??? (Billable Rate: $0.00/hr.) Thank You! Speaker Contact Information: Tony J. Park, Pharm.D., J.D. Ivan Petrzelka, Pharm.D., J.D., MBA California Pharmacy Lawyers TPark@CAPharmacyLaw.com IPetrzelka@CAPharmacyLaw.com 7