Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 27 - Controlled Dangerous Substances › Subchapter B - Licenses › Section LIII-2711 - Actions on Licenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  board may refuse to renew a CDS license, or may suspend or revoke an existing
				  CDS license, if the licensee has violated, or been found guilty of violating,
				  any federal or state laws or regulations relating to controlled
				  substances.
B. Violations Committee
1. Informal Hearings. The violations
				  committee of the board may conduct an informal non-adversarial hearing with a
				  licensee properly noticed of the inquiry regarding the issues to be discussed.
				  The committee shall receive information and deliberate as to a cause of action
				  regarding a potential violation. By an affirmative majority vote of the
				  committee members, they may recommend a course of action to the full board, or
				  they may dismiss the allegations. Should the committee recommend a course of
				  action to the full board, the committee members participating in that decision
				  shall not be permitted to participate in subsequent formal administrative
				  hearings pertaining to the complaint or alleged violation(s) heard by the
				  committee, unless the licensee allows otherwise.
2. Interlocutory Hearings. By interlocutory,
				  or summary, hearing, the committee may summarily suspend a CDS license prior to
				  a formal administrative board hearing wherein, based upon the committee's
				  judgment and reflected by adequate evidence and an affirmative majority
				  decision, the licensee poses a danger to the public's health, safety, and
				  welfare, and the danger requires emergency action.
a. Summons Notice. A summary proceeding
				  summons notice shall be served at least five days before the scheduled hearing
				  to afford the licensee an opportunity to be heard with respect to a potential
				  summary suspension action. The notice shall contain a time, place, nature, and
				  the grounds asserted relative to the alleged conduct warranting summary
				  suspension.
b. Burden of Proof.
				  Legal counsel shall have the burden of proof to support the contention the
				  public's health, safety, or welfare is in danger and requires summary or
				  emergency action.
c. Evidence. The
				  licensee shall have the right to appear personally, to be represented by
				  counsel, or both, to submit affidavits, documentary evidence, or testimony in
				  response to the cause of action asserted as the basis for the summary
				  suspension.
d. Decision. The
				  committee shall determine whether to grant or deny the request for summary
				  suspension based upon adequate evidence with an affirmative majority vote
				  substantiated by findings(s) of fact and conclusion(s) of law the public's
				  health, safety, or welfare is in danger and requires emergency or summary
				  action.
e. Report. The committee
				  shall submit their findings and interlocutory decree to the board when
				  rendered.
f. Suspensive Duration.
				  The summary suspension decree shall be followed by a formal administrative
				  hearing within 30 days from receipt of notice by the licensee.