Arizona Laws 32-1928. Hearings; restraining order; judicial review
A. Except as provided in subsection B of this section, a license shall be denied, revoked or suspended or a pharmacist or pharmacy intern shall be placed on probation or censured and a civil penalty imposed only after due notice and a hearing pursuant to Title 41, Chapter 6, Article 10. A licensee shall respond in writing to the board when the licensee receives notice of the hearing.
Terms Used In Arizona Laws 32-1928
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Intern: means a pharmacy intern. See Arizona Laws 32-1901
- Notice: means personal service or the mailing of a copy of the notice by certified mail and email addressed either to the person at the person's latest address of record in the board office or to the person and the person's attorney using the most recent information provided to the board in the board's licensing database. See Arizona Laws 32-1901
- Pharmacist: means an individual who is currently licensed by the board to practice the profession of pharmacy in this state. See Arizona Laws 32-1901
- Pharmacy: means :
(a) Any place where drugs, devices, poisons or related hazardous substances are offered for sale at retail or where prescription orders are dispensed by a licensed pharmacist. See Arizona Laws 32-1901
- Pharmacy intern: means a person who has all of the qualifications and experience prescribed in section 32-1923. See Arizona Laws 32-1901
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Writing: includes printing. See Arizona Laws 1-215
B. If the board has reasonable grounds to believe and finds that the licensee has been guilty of deliberate and wilful violations, or that the public health, safety and welfare imperatively require immediate action, and incorporates a finding to that effect in its order, the board may order a summary suspension of the license pending a hearing. If the board issues an order of summary suspension, it shall serve the licensee with written notice of the complaint and hearing setting forth the charges and informing the licensee of the licensee’s right to the hearing. The board shall institute the hearing within ten days after ordering the summary suspension. Service shall be by personal service as provided by the Arizona rules of civil procedure.
C. Except as provided in Section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to Title 12, Chapter 7, Article 6.
D. With or without conditions, the board may reinstate the license of any pharmacist or pharmacy intern that it has placed on probation or whose license it has suspended or revoked.