reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.22 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Request or order for conference.
Any party may request a
			 prehearing conference. Prehearing conferences shall be conducted by the
			 executive director, who may request that an administrative law judge conduct
			 the prehearing conference. A written request for prehearing conference or an
			 order for prehearing conference on the executive director's own motion shall be
			 filed not less than seven days prior to the hearing date, unless authorized by
			 the person conducting the prehearing conference. A prehearing conference shall
			 be scheduled not less than three business days prior to the hearing
			 date.
(2)
Conference
			 subjects.
Each party shall be prepared to discuss the following
			 subjects at the prehearing conference:
a.
			 Submission of expert and other witness lists. Witness lists may be amended
			 subsequent to the prehearing conference within the time limits established by
			 the executive director or administrative law judge at the prehearing
			 conference. Any such amendments must be served on all parties. Witnesses not
			 listed on the final witness list may be excluded from testifying unless there
			 was good cause for the failure to include their names.
b. Submission of exhibit lists. Exhibit lists
			 may be amended subsequent to the prehearing conference within the time limits
			 established by the executive director or administrative law judge at the
			 prehearing conference. Other than rebuttal exhibits, exhibits that are not
			 listed on the final exhibit list may be excluded from admission into evidence
			 unless there was good cause for the failure to include them.
c. The entry of a scheduling order to include
			 deadlines for completion of discovery.
d. Stipulations of law or fact.
e. Stipulations on the admissibility of
			 exhibits.
f. Identification of
			 matters which the parties intend to request be officially noticed.
g. Consideration of any additional matters
			 which will expedite the hearing.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.23 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, requests for continuances shall be
				filed with the board.
(1)
Requirements of request.
A written request for a continuance
			 shall:
a. Be made at the earliest possible
			 time and no less than seven days before the hearing except in case of
			 unanticipated emergencies;
b. State
			 the specific reasons for the request; and
c. Be signed by the requesting party or the
			 party's attorney.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.24 - Settlement Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Initiation and participation.
A contested case may be resolved
			 by settlement agreement. Settlement negotiations may be initiated by any party
			 at any stage of a contested case. No party is required to participate in the
			 settlement process.
(2)
Assistant attorney general and board chair discussion of possible
			 settlement.
If the respondent initiates or consents to settlement
			 negotiations, the assistant attorney general prosecuting the case may discuss
			 settlement with the board chair without violating the prohibition against ex
			 parte communications in Iowa Code section
			 17A.17
			 and without disqualifying the board chair from participating in the
			 adjudication of the contested case. The full board shall not be involved in
			 settlement negotiations until a proposed settlement agreement executed by the
			 respondent is submitted to the board for approval.
(3)
Board consideration of proposed
			 settlement.
By signing the proposed settlement agreement, the
			 respondent authorizes an assistant attorney general to have ex parte
			 communications with the board related to the terms of the proposed settlement.
			 If the board fails to approve the proposed settlement agreement, it shall be of
			 no force or effect to either party and shall not be admissible at hearing. Upon
			 rejecting a proposed settlement agreement, the board may suggest alternative
			 terms of settlement, which the respondent is free to accept or
			 reject.
(4)
Public
			 record.
A settlement agreement is a permanent public record open for
			 inspection under Iowa Code chapter 22.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.26 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
a. Relevant evidence is admissible, subject
			 to the discretion of the presiding officer. Irrelevant, immaterial and unduly
			 repetitious evidence should be excluded. A finding will be based upon the kind
			 of evidence on which reasonably prudent persons are accustomed to rely for the
			 conduct of their serious affairs, and may be based on hearsay or other types of
			 evidence which may or would be inadmissible in a jury trial.
b. The presiding officer shall rule on
			 admissibility of evidence and may, where appropriate, take official notice of
			 facts in accordance with all applicable requirements of law.
c. Stipulation of facts is encouraged. The
			 presiding officer may make a decision based on stipulated facts.
d. Evidence in the proceeding shall be
			 confined to the issues as to which the parties received notice prior to the
			 hearing unless the parties waive their right to such notice or the presiding
			 officer determines that good cause justifies expansion of the issues. If the
			 presiding officer decides to admit evidence on issues outside the scope of the
			 notice over the objection of a party who did not have actual notice of those
			 issues, that party, upon timely request, shall receive a continuance sufficient
			 to amend pleadings and to prepare on the additional issue.
e. Any party may object to specific evidence
			 or may request limits on the scope of any examination or cross-examination. A
			 brief statement of the grounds upon which it is based shall accompany the
			 objection. The objection, the ruling on the objection, and the reasons for the
			 ruling shall be noted in the record. The presiding officer may rule on the
			 objection at the time it is made or may reserve a ruling until the written
			 decision.
f. Whenever evidence is
			 ruled inadmissible, the party offering that evidence may submit an offer of
			 proof on the record. The party making the offer of proof for excluded oral
			 testimony shall briefly summarize the testimony or, with permission of the
			 presiding officer, present the testimony. If the excluded evidence consists of
			 a document or exhibit, it shall be marked as part of an offer of proof and
			 inserted in the record.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.27 - Default

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Failure
			 to appear.
If a party fails to appear or participate in a contested
			 case proceeding after proper service of notice, the presiding officer may, if
			 no adjournment is granted, enter a default decision or proceed with the hearing
			 and render a decision in the absence of the party.
(2)
Motion for default.
Where appropriate and not contrary to law, any party may move for default
			 against a party who has requested the contested case proceeding and has failed
			 to file a required pleading or has failed to appear after proper
			 service.
(3)
Motion to
			 vacate.
A default decision or a decision rendered on the merits after
			 a party has failed to appear or participate in a contested case proceeding
			 shall become final board action unless, within 15 days after the date of
			 notification or mailing of the decision, a motion to vacate is filed and served
			 on all parties or unless an appeal of a decision on the merits is timely
			 initiated within the time provided by rule
			 657-35.30
			 (17A,272C). A motion to vacate must state all facts relied upon by the moving
			 party which establish that good cause existed for that party's failure to
			 appear or participate at the contested case proceeding. Each fact so stated
			 must be substantiated by at least one sworn affidavit of a person with personal
			 knowledge of each such fact, which affidavit(s) must be attached to the
			 motion.
(4)
Appeal.
The time for further appeal of a decision for which a
			 timely motion to vacate has been filed is stayed pending a decision on the
			 motion to vacate.
(5)
Proof
			 of good cause.
Properly substantiated and timely filed motions to
			 vacate shall be granted only for good cause shown. The burden of proof as to
			 good cause is on the moving party. Adverse parties shall have ten days to
			 respond to a motion to vacate. Adverse parties shall be allowed to conduct
			 discovery as to the issue of good cause and to present evidence on the issue
			 prior to a decision on the motion if a request to do so is included in that
			 party's response.
(6)
"Good
			 cause" defined.
"Good cause," for purposes of this rule, shall have
			 the same meaning as "good cause" for setting aside a default judgment under
			 Iowa Rule of Civil Procedure 1.971.
(7)
Appeal of decision on motion to
			 vacate.
A decision by an administrative law judge granting or denying
			 a motion to vacate is subject to appeal to the board within 20 days.
(8)
Notice of hearing.
If a
			 motion to vacate is granted and no timely appeal to the board has been filed,
			 the presiding officer shall issue a rescheduling order setting a new hearing
			 date and the contested case shall proceed accordingly.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.29 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Contested case hearings shall be recorded by electronic means
				or by a certified shorthand reporter. The board may assess the costs of the
				certified shorthand reporter to the licensee in a disciplinary hearing which
				results in disciplinary action taken against the licensee by the board in
				accordance with 657-subrule 36.10(2). Upon request, the board shall provide a
				copy of the whole or any portion of the record at cost. The requesting party
				shall pay the cost of preparing a copy of the record or of transcribing the
				hearing record. If the request for the hearing record is made as a result of a
				petition for judicial review, the party who filed the petition shall be
				considered the requesting party.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.30 - Proposed Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
Decisions issued by an administrative law judge in
				nondisciplinary cases are proposed decisions. A proposed decision issued by an
				administrative law judge becomes a final decision if not timely appealed or
				reviewed in accordance with this rule.
(1)
Appeal by party.
Any
			 adversely affected party may appeal a proposed decision to the board within 30
			 days after issuance of the proposed decision.
(2)
Review.
The board may
			 initiate review of a proposed decision on its own motion at any time within 30
			 days following the issuance of such a decision.
(3)
Exhaustion.
A party must
			 timely seek intra-agency appeal of a proposed decision in order to adequately
			 exhaust administrative remedies.
(4)
Notice of appeal.
An
			 appeal of a proposed decision is initiated by filing a timely notice of appeal
			 with the board. The notice of appeal must be signed by the appealing party or
			 an attorney for that party and contain a certificate of service. The notice
			 shall specify:
a. The parties initiating the
			 appeal;
b. The proposed decision or
			 order which is being appealed;
c.
			 The specific findings or conclusions to which exception is taken and any other
			 exceptions to the decision or order;
d. The relief sought;
e. The grounds for relief.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.31 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
A final decision of the board shall include findings
			 of fact and conclusions of law. When the board presides over the reception of
			 the evidence at the hearing, its decision is a final decision.
(2)
Hearing fee and costs.
The board may charge a hearing fee and assess other costs to the licensee for
			 conducting a disciplinary hearing which results in disciplinary action taken
			 against the licensee by the board in accordance with 657-subrule
			 36.10(2).
(3)
Method of
			 service.
Final decisions shall be served on the respondent or
			 applicant using one of the following methods:
a. Personal service, as provided in the Iowa
			 Rules of Civil Procedure.
b.
			 Certified mail, return receipt requested.
c. Signed acknowledgment accepting
			 service.
d. When service cannot be
			 accomplished using the above methods:
(1) An
			 affidavit shall be prepared outlining the measures taken to attempt service;
			 and
(2) The final decision shall be
			 published once each week for three consecutive weeks in a newspaper of general
			 circulation, published or circulated in the county of last-known residence of
			 the respondent.
e. If
			 the respondent or applicant is represented by an attorney, the final decision
			 shall be mailed to the attorney. The attorney may waive the requirement to
			 serve the respondent or applicant through a written acknowledgment that the
			 attorney is accepting service on behalf of the client. The state shall be
			 served by first-class mail or state interoffice mail.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.32 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party to a contested case proceeding may
			 file an application for rehearing from a final order.
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
			 specific grounds for rehearing, and the relief sought. In addition, the
			 application shall state whether the applicant desires reconsideration of all or
			 part of the board decision on the existing record and whether, upon showing
			 good cause, the applicant requests an opportunity to submit additional
			 evidence. A party may request the taking of additional evidence after the
			 issuance of a final order only by establishing that:
a. The evidence is material; and
b. The evidence arose after the completion of
			 the original hearing; or
c. Good
			 cause exists for failure to present the evidence at the original hearing;
			 and
d. The party has not waived the
			 right to present additional evidence.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.33 - Stays of Board Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
Any party to a contested case proceeding may
			 petition the board for a stay of an order issued in that proceeding or for
			 other temporary remedies, pending review by the board or pending judicial
			 review. The petition shall state the reasons justifying a stay or other
			 temporary remedy. The petition must be filed within 30 days of the issuance of
			 the final order, or if a party filed a request for rehearing that was denied,
			 the petition must be filed within 30 days after the request for rehearing was
			 denied or deemed denied.
(2)
When granted.
The board shall not grant a stay in any case in
			 which the district court would be expressly prohibited by statute from granting
			 a stay. In determining whether to grant a stay, the presiding officer or board
			 shall consider the following factors:
a. The
			 extent to which the applicant is likely to prevail when the court finally
			 disposes of the matter;
b. The
			 extent to which the applicant will suffer irreparable injury if relief is not
			 granted;
c. The extent to which the
			 grant of relief to the applicant will substantially harm other parties to the
			 proceedings;
d. The extent to which
			 the public interest relied on by the board is sufficient to justify the board's
			 action in the circumstances.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.34 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties, without necessity for the production of
				evidence at an evidentiary hearing. If such agreement is reached, a jointly
				submitted schedule detailing the method and timetable for submission of the
				record, briefs and oral argument should be submitted to the presiding officer
				for approval as soon as practicable.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.35 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessary emergency
			 action.
To the extent necessary to prevent or avoid immediate danger
			 to the public health, safety, or welfare, the board may issue a written order
			 in compliance with Iowa Code section
			 17A.18A
			 to suspend a license in whole or in part, order the cessation of any continuing
			 activity, order affirmative action, or take other action within the
			 jurisdiction of the board by emergency adjudicative order. Before issuing an
			 emergency adjudicative order, the board shall consider factors including, but
			 not limited to, the following:
a. Whether
			 there has been a sufficient factual investigation to ensure that the board is
			 proceeding on the basis of reliable information;
b. Whether the specific circumstances that
			 pose immediate danger to the public health, safety, or welfare have been
			 identified and determined to be continuing;
c. Whether the person required to comply with
			 the emergency adjudicative order may continue to engage in other activities
			 without posing immediate danger to the public health, safety, or
			 welfare;
d. Whether imposition of
			 monitoring requirements or other interim safeguards would be sufficient to
			 protect the public health, safety, or welfare; and
e. Whether the specific action contemplated
			 by the board is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.37 - Dissemination of Public Records

Current through Register Vol. 47, No. 3, July 24, 2024
All documents identified in this chapter as permanent public
				records open for inspection under Iowa Code chapter 22 are reported to national
				databanks in accordance with applicable reporting requirements. In addition,
				these documents may be posted on the board's Web site, published in the board's
				newsletter, distributed to national or state associations, transmitted to
				mailing lists or news media, issued in conjunction with a press release, or
				otherwise disseminated.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 36 - Discipline › Rule 657-36.1 - Authority

Current through Register Vol. 47, No. 3, July 24, 2024
The board has the authority to impose discipline for any
				violations of Iowa Code chapters 124, 124B, 126, 147, 155A, 205, and 272C or
				the rules promulgated thereunder.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 36 - Discipline › Rule 657-36.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter:
"Board"
means the Iowa board of
				pharmacy.
"License "
means any license, registration, or
				permit issued by the board, regardless of whether the license, registration, or
				permit is active.
"Licensee "
means any person or entity
				possessing a license, registration, or permit issued by the board, regardless
				of whether the license, registration, or permit is active.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 36 - Discipline › Rule 657-36.4 - Issuance of Investigatory Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall have the authority to issue an investigatory
				subpoena in accordance with the provisions of Iowa Code section
				17A.13.
(1)
Justification.
The
			 executive director or designee may, upon the written request of a board
			 investigator or on the executive director's own initiative, subpoena books,
			 papers, records and other real evidence which are necessary for the board to
			 decide whether to institute a contested case proceeding. In the case of a
			 subpoena for mental health records, each of the following conditions shall be
			 satisfied prior to the issuance of the subpoena:
a. The nature of the complaint reasonably
			 justifies the issuance of a subpoena;
b. Adequate safeguards have been established
			 to prevent unauthorized disclosure;
c. An express statutory mandate, articulated
			 public policy, or other recognizable public interest favors access;
			 and
d. An attempt was made to
			 notify the patient and to secure an authorization from the patient for release
			 of the records at issue.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 36 - Discipline › Rule 657-36.5 - Peer Review Committee

Current through Register Vol. 47, No. 3, July 24, 2024
Any case may be referred to peer review for evaluation of the
				professional services rendered by the licensee.
(1)
Contract and case
			 referral.
The board shall enter into a contract with peer reviewers to
			 provide peer review services. The board or board staff shall determine which
			 peer reviewer(s) will review a case and what investigative information shall be
			 referred to a peer reviewer.
(2)
Written opinion.
Peer reviewers shall review the information
			 provided by the board and provide a written report to the board. The written
			 report shall contain an opinion of the peer reviewer regarding whether the
			 licensee conformed to minimum standards of acceptable and prevailing practice
			 of pharmacy and the rationale supporting the opinion.
(3)
Confidentiality.
Peer
			 reviewers shall observe the confidentiality requirements imposed by Iowa Code
			 section
			 272C.6(4).
(4)
Board review and action.
The board shall review the committee's findings and proceed with action
			 available under subrule 36.3(6).
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 36 - Discipline › Rule 657-36.6 - Grounds for Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
The board may impose any of the disciplinary sanctions set
				forth in rule 657-36.7 (147,155A,272C) when
				the board determines that the licensee has committed any of the following acts
				or omissions:
(1) Fraud in procuring a
			 license. Fraud in procuring a license includes but is not limited to an
			 intentional perversion of the truth in making application for a license to
			 practice pharmacy, to operate a pharmacy doing business in this state, or to
			 operate as a wholesale drug distributor doing business in this state, or in
			 making application for a registration to practice as a pharmacist-intern, a
			 pharmacy technician, or a pharmacy support person. Fraud in procuring a license
			 includes false representations of a material fact, whether by word or conduct,
			 by false or misleading allegations, orby concealment of that which should have
			 been disclosed when making application, or attempting to file or filing with
			 the board any false or forged diploma, certificate, affidavit, identification,
			 or qualification in making application for a license or registration in this
			 state.
(2) Professional
			 incompetency. Professional incompetency includes but is not limited to:
a. A substantial lack of knowledge or ability
			 to discharge professional obligations within the scope of the pharmacist's
			 practice.
b. A substantial
			 deviation by a pharmacist from the standards of learning or skill ordinarily
			 possessed and applied by other pharmacists in the state of Iowa acting in the
			 same or similar circumstances.
c. A
			 failure by a pharmacist to exercise in a substantial respect that degree of
			 care which is ordinarily exercised by the average pharmacist in the state of
			 Iowa acting under the same or similar circumstances.
d. A willful or repeated departure from, or
			 the failure to conform to, the minimal standard or acceptable and prevailing
			 practice of pharmacy in the state of Iowa.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 36 - Discipline › Rule 657-36.7 - Disciplinary Sanctions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Possible sanctions.
The board has the authority to impose the
			 following disciplinary sanctions:
a.
			 Revocation of a license issued by the board.
b. Suspension of a license issued by the
			 board until further order of the board or for a specified period.
c. Nonrenewal of a license issued by the
			 board.
d. Prohibit permanently,
			 until further order of the board, or for a specified period, the engaging in
			 specified procedures, methods or acts.
e. Probation.
f. Require a licensee to complete additional
			 education or training.
g. Require a
			 pharmacist to successfully complete any reexamination for licensure.
h. Order a licensee to undergo a physical or
			 mental examination.
i. Impose civil
			 penalties not to exceed $25,000.
j.
			 Issue citation and warning.
k. Such
			 other sanctions allowed by law as may be appropriate.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 36 - Discipline › Rule 657-36.8 - Voluntary Surrender

Current through Register Vol. 47, No. 3, July 24, 2024
A voluntary surrender of a license may be submitted to the
				board as resolution of a contested case or in lieu of continued compliance with
				a disciplinary order of the board. A voluntary surrender, when accepted by the
				board, has the same force and effect as an order of revocation. The voluntary
				surrender of a license during the pendency of a complaint or investigation
				shall be considered discipline and shall have the same force and effect as an
				order of revocation. A request for reinstatement of a license that has been
				surrendered shall be handled under the terms established by rule
				657-35.36(17A,147,272C).
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 36 - Discipline › Rule 657-36.9 - Order for Mental or Physical Examination

Current through Register Vol. 47, No. 3, July 24, 2024
A licensee is, as a condition of licensure, under a duty to
				submit to a mental or physical examination within a time period specified by
				order of the board. Such examination may be ordered upon a showing of probable
				cause and shall be at the expense of the licensee.
(1)
Content of order.
A
			 board order for mental or physical examination shall include the following
			 items:
a. A description of the type of
			 examination to which the licensee must submit.
b. The name and address of the examiner or
			 treatment facility that the board has identified as having the potential to
			 perform the examination.
c. The
			 time period in which the licensee must schedule the required
			 examination.
d. The amount of time
			 in which the licensee is required to complete the examination.
e. A requirement that the licensee cause a
			 report of the examination results to be provided to the board within a
			 specified period of time.
f. A
			 requirement that the licensee communicate with the board regarding the status
			 of the examination.
g. A provision
			 allowing the licensee to request additional time to schedule or complete the
			 examination or to request that the board approve an alternative examiner or
			 treatment facility. The board shall, in its sole discretion, determine whether
			 to grant such a request.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 36 - Discipline › Rule 657-36.10 - Disciplinary Hearings-fees and Costs

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
As used in
			 this chapter in relation to a formal disciplinary action filed by the board
			 against a licensee:
"Deposition "
means the testimony of a person
				pursuant to subpoena or at the request of the state of Iowa taken in a setting
				other than a hearing.
"Expenses "
means costs incurred by persons
				appearing pursuant to subpoena or at the request of the state of Iowa for
				purposes of providing testimony on the part of the state of Iowa in a hearing
				or other official proceeding and shall include mileage reimbursement at the
				rate specified in Iowa Code section
				70A.9
				or, if commercial air or ground transportation is used, the actual cost of
				transportation to and from the proceeding. Also included are actual costs
				incurred for meals and necessary lodging.
"Medical examination fees "
means actual costs
				incurred by the board in a physical, mental, chemical abuse, or other
				impairment-related examination or evaluation of a licensee when the examination
				or evaluation is conducted pursuant to an order of the board.
"Transcript"
means a printed verbatim
				reproduction of everything said on the record during a hearing or other
				official proceeding.
"Witness fees "
means compensation paid by the
				board to persons appearing pursuant to subpoena or at the request of the state
				of Iowa, for purposes of providing testimony on the part of the state of Iowa.
				For the purposes of this rule, compensation shall be the same as outlined in
				Iowa Code section
				622.69 or
				622.72 as
				the case may be.
(2)
Hearing fee and recoverable costs.
The board may charge a fee
			 not to exceed $75 for conducting a disciplinary hearing that results in
			 disciplinary action taken by the board against the licensee. In addition to the
			 fee, the board may recover from the licensee costs for the following procedures
			 and personnel:
a. Recording fees of a
			 certified shorthand reporter.
b.
			 Transcript.
c. Witness fees and
			 expenses.
d. Depositions.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 36 - Discipline › Rule 657-36.11 - Prohibited Grounds for Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall not suspend or revoke the license of a person
				who is in default or is delinquent on repayment or a service obligation under
				federal or state postsecondary educational loans or public or private
				services-conditional postsecondary tuition assistance solely on the basis of
				such default or delinquency.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 36 - Discipline › Rule 657-36.12 - Publication of Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
Final decisions of the board relating to disciplinary
				proceedings are public records subject to Iowa Code chapter 22, examination of
				public records, and may be transmitted to the appropriate professional
				association and a newspaper of general circulation to be selected by the
				board.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 36 - Discipline › Rule 657-36.13 - Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
Any person whose license to practice pharmacy or to operate a
				pharmacy or whose wholesale drug license or permit to handle precursor
				substances or whose pharmacist-intern registration, pharmacy technician
				registration, or pharmacy support person registration has been revoked or
				suspended shall meet the following eligibility requirements for
				reinstatement:
(1)
Prerequisites.
The individual shall satisfy all terms of the
			 order of revocation or suspension or court proceedings as they apply to that
			 revocation or suspension. If the order of revocation or suspension did not
			 establish terms and conditions upon which reinstatement might occur, or if the
			 license, registration, or permit was voluntarily surrendered, an initial
			 application for reinstatement may not be made until one year has elapsed from
			 the date of the board's order or the date of voluntary surrender.
(2)
Pharmacist license revoked or
			 surrendered
-
examinations required.
A person whose
			 license to practice pharmacy was revoked or voluntarily surrendered must
			 successfully pass the North American Pharmacist Licensure Examination (NAPLEX)
			 or an equivalent examination as determined by NABP and the Multistate Pharmacy
			 Jurisprudence Examination (MPJE), Iowa Edition.
(3)
Proceedings.
The
			 respondent shall initiate all proceedings for reinstatement by filing with the
			 board an application for reinstatement of the license, registration, or permit.
			 The application shall be docketed in the original case in which the license,
			 registration, or permit was revoked, suspended, or surrendered. All proceedings
			 upon petition for reinstatement, including all matters preliminary and
			 ancillary thereto, shall be subject to the same rules of procedure as other
			 cases before the board. The board and the respondent may informally settle the
			 issue of reinstatement. The respondent may choose to have an informal
			 reinstatement conference before the board, as provided in rule
			 657-36.14
			 (17A,124B,147,155A,272C).
(4)
Burden of proof.
An application for reinstatement shall allege
			 facts which, if established, will be sufficient to enable the board to
			 determine that the basis for the revocation or suspension no longer exists and
			 that it will be in the public interest for the license, registration, or permit
			 to be reinstated. The burden of proof to establish such facts shall be on the
			 respondent.
(5)
Order.
An order for reinstatement shall be based upon a
			 decision that incorporates findings of facts and conclusions of law and shall
			 be based upon the affirmative vote of a quorum of the board. This order shall
			 be available to the public as provided in 657-Chapter 14.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 36 - Discipline › Rule 657-36.14 - Informal Reinstatement Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Request.
Upon written
			 request of the respondent and approval by the executive director of the board,
			 an informal reinstatement conference may be held before the board.
(2)
Confidentiality.
The
			 conference shall be open to the public except as provided in Iowa Code chapter
			 21 and Iowa Code section
			 272C.6.
			 Material submitted to the board regarding a licensee, registrant, or permittee
			 subject to suspension or revocation and received prior to the filing of an
			 application for reinstatement shall be deemed to be investigatory in nature and
			 therefore confidential. If a request for an informal settlement conference is
			 made and approved, all material submitted by the respondent to the board for
			 its consideration shall be deemed public records and is not confidential. Upon
			 filing a request for an informal reinstatement conference, the respondent
			 consents to the provision of relevant materials to board members prior to the
			 time of the informal reinstatement conference.
(3)
Disposition.
After
			 conducting an informal reinstatement conference, the board may issue a proposed
			 order for reinstatement, may issue a proposed order denying reinstatement, or
			 may order a formal hearing on the application.
(4)
Appeal-formal hearing.
Upon appeal of a proposed order or upon the board's order for formal hearing,
			 application for reinstatement shall be set for formal hearing subject to the
			 same rules of procedure as other cases before the board. By consenting to the
			 informal settlement conference, respondent waives any objection to any board
			 member participating in a formal hearing by virtue of the board member's
			 participation at the informal settlement conference. All materials submitted
			 and statements made by the respondent at the informal settlement conference
			 shall be admissible at a subsequent formal hearing.
(5)
Final order.
A proposed
			 order resulting from an informal reinstatement conference becomes the final
			 decision of the board without further proceedings unless there is an appeal to,
			 or review on motion of, the board within the time provided in rule
			 657-35.26
			 (17A,124B,126,147,155A,205,272C).
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 36 - Discipline › Rule 657-36.15 - Voluntary Surrender of a License, Permit, or Registration

Current through Register Vol. 47, No. 3, July 24, 2024
The voluntary surrender of a license to practice pharmacy, a
				license to operate a pharmacy, a wholesale drug license, a permit to handle
				precursor substances, a pharmacy technician registration, a pharmacy support
				person registration, or a pharmacist-intern registration shall be considered a
				revocation of license, permit, or registration. A request for reinstatement
				shall be handled under the terms established by rule
				657-36.13
				(17A,124B,147,155A,272C).
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 36 - Discipline › Rule 657-36.16 - License, Permit, or Registration Denial

Current through Register Vol. 47, No. 3, July 24, 2024
Any request for a hearing before the board concerning the
				denial of a license, permit, or registration shall be submitted by the
				applicant in writing to the board by certified mail, return receipt requested,
				within 30 days of a mailing of a notice of denial of license, permit, or
				registration.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 36 - Discipline › Rule 657-36.17 - Order for Mental or Physical Examination

Current through Register Vol. 47, No. 3, July 24, 2024
A pharmacist, pharmacist-intern, pharmacy technician, or
				pharmacy support person who is licensed or registered by the board is, as a
				condition of licensure or registration, under a duty to submit to a mental or
				physical examination within a time period specified by order of the board. Such
				examination may be ordered upon a showing of probable cause and shall be at the
				expense of the pharmacist, pharmacist-intern, pharmacy technician, or pharmacy
				support person.
(1)
Content of
			 order.
A board order for mental or physical examination shall include
			 the following items:
a. A description of the
			 type of examination to which the pharmacist, pharmacist-intern, pharmacy
			 technician, or pharmacy support person must submit.
b. The name and address of the examiner or
			 treatment facility that the board has identified to perform the examination on
			 the pharmacist, pharmacist-intern, pharmacy technician, or pharmacy support
			 person.
c. The time period in which
			 the pharmacist, pharmacist-intern, pharmacy technician, or pharmacy support
			 person must schedule the required examination.
d. The amount of time in which the
			 pharmacist, pharmacist-intern, pharmacy technician, or pharmacy support person
			 is required to complete the examination.
e. A requirement that the pharmacist,
			 pharmacist-intern, pharmacy technician, or pharmacy support person cause a
			 report of the examination results to be provided to the board within a
			 specified period of time.
f. A
			 requirement that the pharmacist, pharmacist-intern, pharmacy technician, or
			 pharmacy support person communicate with the board regarding the status of the
			 examination.
g. A provision
			 allowing the pharmacist, pharmacist-intern, pharmacy technician, or pharmacy
			 support person to request additional time to schedule or complete the
			 examination or to request that the board approve an alternative examiner or
			 treatment facility. The board shall, in its sole discretion, determine whether
			 to grant such a request.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 36 - Discipline › Rule 657-36.18 - Disciplinary Hearings-fees and Costs

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
As used in
			 this chapter in relation to a formal disciplinary action filed by the board
			 against a licensee or registrant:
"Deposition "
means the testimony of a person
				pursuant to subpoena or at the request of the state of Iowa taken in a setting
				other than a hearing.
"Expenses "
means costs incurred by persons
				appearing pursuant to subpoena or at the request of the state of Iowa for
				purposes of providing testimony on the part of the state of Iowa in a hearing
				or other official proceeding and shall include mileage reimbursement at the
				rate specified in Iowa Code section
				70A.9
				or, if commercial air or ground transportation is used, the actual cost of
				transportation to and from the proceeding. Also included are actual costs
				incurred for meals and necessary lodging.
"Medical examination fees"
means actual costs
				incurred by the board in a physical, mental, chemical abuse, or other
				impairment-related examination or evaluation of a licensee or registrant when
				the examination or evaluation is conducted pursuant to an order of the
				board.
"Transcript"
means a printed verbatim
				reproduction of everything said on the record during a hearing or other
				official proceeding.
"Witness fees "
means compensation paid by the
				board to persons appearing pursuant to subpoena or at the request of the state
				of Iowa, for purposes of providing testimony on the part of the state of Iowa.
				For the purposes of this rule, compensation shall be the same as outlined in
				Iowa Code section
				622.69 or
				622.72 as
				the case may be.
(2)
Hearing
			 fee and recoverable costs.
The board may charge a fee not to exceed
			 $75 for conducting a disciplinary hearing that results in disciplinary action
			 taken by the board against the license or registration. In addition to the fee,
			 the board may recover from the licensee or registrant costs for the following
			 procedures and personnel:
a.
			 Transcript.
b. Witness fees and
			 expenses.
c. Depositions.
d. Medical examination fees incurred relating
			 to a person licensed or registered under Iowa Code chapter 147 or
			 169.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 37 - Iowa Prescription Monitoring Program › Rule 657-37.1 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
These rules establish a prescription monitoring program (PMP)
				that compiles a central database of reportable prescriptions dispensed to
				patients in Iowa. An authorized health care practitioner shall access PMP
				information when mandated by the practitioner's licensing authority regarding
				the practitioner's patient to assist in determining appropriate treatment
				options and to improve the quality of patient care. The PMP is intended to
				provide a practitioner with a resource for information regarding a patient's
				use of controlled substances and to serve as a tool to assess a prescriber's
				prescribing practices. This database will assist the practitioner in
				identifying any potential diversion, misuse, or abuse of controlled substances
				without impeding the appropriate medical use of controlled
				substances.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 37 - Iowa Prescription Monitoring Program › Rule 657-37.3 - Registration

Current through Register Vol. 47, No. 3, July 24, 2024
Registration for the PMP pursuant to this rule shall be via the
				Iowa PMP AWARxE website at iowa.pmpaware.net.
(1)
Prescribers.
A
			 prescriber shall register for the PMP at the same time the prescriber registers
			 or renews a CSA registration pursuant to 657-Chapter 10. A licensed
			 veterinarian with an active CSA registration may register for the PMP.
			 Registration for the PMP shall also require the prescriber's DEA
			 number.
(2)
Pharmacists.
A pharmacist who is involved in patient care
			 shall register for the PMP at the same time the pharmacist becomes licensed or
			 renews a license pursuant to 657-Chapter 2.
(3)
Practitioner's
			 delegates.
A practitioner may authorize an adequate number of health
			 care professionals who actively work with the practitioner to act as the
			 practitioner's delegates for the purpose of requesting PMP information. A
			 practitioner's delegate shall be licensed, registered, certified, or otherwise
			 credentialed as a health care professional in a manner that permits
			 verification of the health care professional's credentials. The practitioner
			 shall be responsible for the PMP information access of the practitioner's
			 delegates.
(4)
Law
			 enforcement officials.
A law enforcement official may register for the
			 PMP to access information by order, subpoena, or other means of legal
			 compulsion relating to a specific investigation and supported by a
			 determination of probable cause.
(5)
Licensing authority.
A
			 licensing authority official may register for the PMP to access information by
			 order, subpoena, or other means of legal compulsion relating to a specific
			 investigation and supported by a determination of probable cause.
(6)
Medical examiners and medical
			 examiner investigators.
A medical examiner or a medical examiner
			 investigator may register for the PMP to access information when the
			 information relates to an investigation being conducted by the examiner or
			 investigator.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 37 - Iowa Prescription Monitoring Program › Rule 657-37.4 - Prescription Monitoring Program Advisory Council

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Membership.
The membership of the PMP advisory council may
			 include, but need not be limited to:
a. One
			 pharmacist licensed under Iowa Code chapter 155A;
b. One physician licensed under Iowa Code
			 chapter 148;
c. One advanced
			 registered nurse practitioner licensed under Iowa Code chapter 152;
d. One physician assistant licensed under
			 Iowa Code chapter 148C;
e. One
			 dentist licensed under Iowa Code chapter 153;
f. One veterinarian licensed under Iowa Code
			 chapter 169;
g. One individual who
			 is registered with the PMP as a practitioner's delegate;
h. One individual who is eligible to utilize
			 the PMP in an investigative capacity, such as a law enforcement official,
			 licensing authority representative, or medical examiner; and
i. One member of the public who is not
			 eligible to register with the PMP.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 37 - Iowa Prescription Monitoring Program › Rule 657-37.6 - Security of Pmp Credentials

Current through Register Vol. 47, No. 3, July 24, 2024
Each user registered to access PMP information shall securely
				maintain and use the login and password and any other secure access credentials
				assigned to the individual user. Except in an emergency when a patient would be
				placed in greater jeopardy by restricting PMP information access to the user, a
				registered user shall not share the user's secure access
				credentials.