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Understanding Board Hearings: Procedures and Implications for Licensed Professionals

This chapter discusses the processes involved in board hearings for healthcare professionals, emphasizing the significance of understanding one's rights and responsibilities when facing disciplinary action. It outlines the definitions, roles of committees, legal terms related to summons and motions, and guidelines for investigations and sanctions. Readers will learn about the hearing process, including the structure of formal hearings, evidence presentation, and board decision timelines. The chapter aims to prepare practitioners for potential board involvement, highlighting the importance of proper compliance and due process.

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Understanding Board Hearings: Procedures and Implications for Licensed Professionals

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  1. Chapter 3: Board Hearings Jeffery D. Evans, Pharm.D. Associate Professor of Pharmacy Practice ULM COP

  2. Chapter 3 • Purpose • To discuss a plan on what happens when a licensed entity does unadvised things • Defines role of a couple of the committees • Impact on practice • Hopefully you will never see this side of the board • Significant impact on those that must go in front of the board

  3. Definitions and Summons (301 – 303) • Definitions • What is a person? • What authority over what subject matter and where? • Summons • Required information • These letters are not super clear

  4. Legal Terms (305 – 313) • Service • Delivery of the summons to last known address • Default Proceedings • If you don’t respond, you lose the right to defend • Joinder • Multiple ‘complaints’ may be tried at the same time • Consolidation • Very similar to a Joinder • Severence • Opposite of the above two

  5. Motions and excuses (315 – 317) • Motion • Such as dismissals, filed within 5 days of hearing • Recusation • Removal from the case • Person may recuse themselves • Board may vote to recuse the person (usually after the respondent has requested it) • Usually if there is a personal conflict

  6. All alone (319) • Sequestration • Some may be asked to leave the hearing room

  7. Guidelines for Investigation and Sanctions (321 – 323) • Several factors go into determination of sanction • Investigation • Completed by a board agent (usually inspectors) • Report must be completed and turned in.

  8. Violations Committee (325) • Committee decides if • Informal hearing • Info here can not be used at later hearings • Member must recuse themselves from later hearings • Charge may ‘die’ here • Interlocutory (summary) • Quick turnaround • Results are quick • Must be a clear danger to the public • Probation Violation • May be either of the above

  9. Impairment Committee (327) • Impairment • You may be impaired and ok as long as you do not pose a danger to the public • Committee • Supervises the Practitioner Recovery Program • Recommends providers to evaluate licensees • Holds informal hearings • If person admits he must surrender his license • Makes recommendations about reinstatement

  10. Regarding Formal Hearings (329 – 331) • The real deal • Full board hearing, not all get here • All eligible* board members hear the case • Managed by the presiding hearing officer

  11. I’m guilty, take pity on me (333 – 335) • Pre-hearing conference • Basically a feeling out time • Facts may be entered • Or consent agreements

  12. Layout of the hearing (337 - • Opening Statement • Both sides may start this way • Evidence • Very similar to what you see on TV • Presiding hearing officer decides what is admissible • Closing Argument

  13. That’s all folks! (343 – 349) • Board Decisions • Due within 30 days of the hearing • Then provided to the respondent • Go into effect 11 days after respondent receives it • Unless appealed • Complaint Dismissal • Completed immediately • Transcripts • Available for a low-low price • Contempt • Not appearing or complying with instructions

  14. The dust settles (351 – 355) • Administrative Review • Rehearing request (10 days) • Grounds • Board’s decision was clearly illegal • New evidence • New issues • Public interest? • Time • Board has 30 days to respond) • Judicial Review • 30 days to file either from original order or rehearing denial • Reporting • Board may post whatever it thinks is important

  15. Happy ending? (357) • Reinstatement • Full board makes decision • Lesser committee may make recommendation

  16. Opinions (359) • The board may issue opinions • If asked • In writing • Non-binding • Used by practitioners to interpret the rule

  17. Cease and Desist orders (361) • Not given often • Requires immediate stoppage • Can instantly be bumped to Judicial system • Generally temporary until full board/court review

  18. Conclusion • Important Stuff • Understand your ‘due process’ • Understand the board represents the public • NOT YOU!!!!!!!!!!!!!!!!!!! • Understand when you must comply • Understand the different types of hearings • Understand when things get serious

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