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MPJE Ch. 5
Complaints, Inspections, discipline, penalties, and procedure
| Question | Answer |
|---|---|
| TSBP Inspection: Must state purpose and provide credentials and written notice. ____ _____ is not required; may perform an inventory and take ______ of products; may inspect _____ _____ ONLY in relation to a certain complaint. | Search Warrant; samples; financial records |
| TSBP Inspection: Data obtained during inspection/investigation is _____ and not subject to the Texas Open Records Act | confidential |
| ___ does not have the authority to inspect financial, sales, or pricing records unless the pharmacy consents to the inspection | DEA |
| An agent of the Board may issue a written warning notice listing specific violations and providing a REASONABLE amount of time to comply with the laws and rules. defined as no fewer than ____ days unless there is an imminet danger to the public health and safety | 10 |
| Incapacity is defined as: | the practicing pharmacist has a mental/physical condition that may cause harm to the public if they continue to practice |
| Penalties and Procedures: Penalties--> Reprimand defined as? | Public and formal censure of license |
| Penalties and Procedures: Penalties--> Restriction defined as? | limit, confine, or restrain a license with certain terms or conditions |
| Penalties and Procedures: Penalties--> Suspension defined as? | license not in effect for a specified amount of time |
| Penalties and Procedures: Penalties--> Probation defined as? | placing a license under a period of supervision by the Board for a term and under conditions as determined by the Board, including a probation fee |
| Penalties and Procedures: Penalties--> Revocation defined as? | License is void and no longer in effect |
| Penalties and Procedures: Penalties--> Retire defined as? | License is withdrawn and no longer in effect |
| Penalties and Procedures: Administrative penalty--> a fine; may be included with other sanctions. Cannot exceed _____ per violation, but every day a violation occurs is a separate violation | $5,000 |
| Penalties and Procedures: Civil Penalties for license violations and unlawful practice can be as much as ______ per day | $1,000 |
| TSBP Rules of Procedure: _____ ______ ______ initiates disciplinary action against an applicant or licensee. Offers to the applicant or licensee an opportunity to attend a nonpublic, ______ confernce | Preliminary Notice Letter; informal |
| TSBP Rules of Procedure: If a notice letter is ignored, it could result in a ____ _____ against the licensee | default judgment |
| TSBP Rules of Procedure: If a settlement cannot be reached through an informal process or if the licensee chooses not to go through the informal process, a _____ conference is held | Formal |
| TSBP Rules of Procedure: An informal conference (nonpublic) is defined as? | voluntary settlement conference where the licensee or applicant and/or attorney meet with TSBP panel consisting of 1 Board member, the Executive Director and the Director of Enforcement *TSBP represented by the Board's general counsel |
| TSBP Rules of Procedure: Board's attorney presents allegations from the Preliminary Notice Letter and applicant is given opportunity to show ______ with the law, and if so, charges are dismissed | compliance |
| TSBP Rules of Procedure: If the charges are not dismissed, the Board panel the deliberates and makes a recommendation to resolve the case by proposing an _____ ____ ____ (ABO) which can be accepted or rejected by the licensee. If accepted, its sent to the Board for approval which cannot be _______. If rejected, it goes through the ______ _______ process | Agreed Board Order; appealed; Formal Disciplinary |
| TSBP Rules of Procedure: Formal Conference (Public hearing) is defined as? | a hearing (like a trial) is conducted in front of an Administrative Law Judge (ALJ) |
| TSBP Rules of Procedure: Formal Conference--> ALJ recommends sanctions to the Board in a ____ ____ (BO). Board accepts, denies, or modifies the BO and can be appealed to a ____ ____ court but a motion for a rehearing must first be filed with _____ | Board Order; Texas District; TSBP |
| TSBP Rules: Before requesting the reissuing of a license that has been revoked or removing a restriction that has been placed on a license, the licensee must wait a minimum of ___ months | 12 |
| TSBP Rules: Subpoena authority: The Board may issue subpoenas to compel attendance of _____ or to compel the production of documents or records | witnesses |
| TSBP Rules: Temporary Suspension: Made up of a __-member disciplinary panel appointed by the Board president may temporarily suspend or restrict a license | 3 |
| TSBP Rules: A temporary suspension can take place _______ without notice if a hearing is scheduled no later than ___ days after the suspension or restriction | immediately; 14 |
| TSBP Rules: Remedial plan: Board may enter into a remedial plan to resolve a complaint unless the complaint involves a ____, _____, _____ of a felony, unlicensed practice, audit shortage, diverse of CS, impairment, unauthorized dispensing, gross immorality, fraud, deceit, misrepresentation, or disciplinary action form a Board in another state | death, hospitalization, commission |
| TSBP Rules: Remedial plans are not considered formal disciplinary action but are public documents. They are removed from a licensee's record after ___ years | 5 |
| TSBP Rules: Alternative dispute resolution: Board and licensee can agree to _____ a disciplinary case through this process following an _____ ______(when an agreement could not be reached) and before a formal disciplinary hearing is conducted | mediate; informal conference |
Created by:
Xander635
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