856 IAC 2-3-21 - Suspension pending final order
Authority: IC 35-48-3-1
Affected: IC 35-48-3-5
Sec. 21.
Suspension of registration pending final order.
(a) The Indiana Board of Pharmacy may suspend
any registration simultaneously with or at any time subsequent to the service
upon the registrant of an order to show cause why such registration should not
be revoked or suspended, in any case where it finds that there is an imminent
danger to the public health or safety. If the Indiana Board of Pharmacy so
suspends, it shall serve with the order to show cause pursuant to section 3.46
[856 IAC 2-3-23] an
order of immediate suspension which shall contain a statement of its findings
regarding the danger to public health or safety.
(b) Upon service of the order of immediate
suspension, the registrant shall promptly return his Certificate of
Registration to the Indiana Board of Pharmacy. Also, upon service of the order
of the Indiana Board of Pharmacy immediately suspending registration, the
registrant shall, as instructed by the Indiana Board of Pharmacy:
(1) Deliver all affected controlled
substances in his possession to the Indiana Board of Pharmacy or to authorized
agents of the Indiana Board of Pharmacy; or
(2) Place all of such substances under seal
as described in IC 1971, 35-24.1-3-4(c) [Repealed by Acts 1976,
P.L.
148,
SECTION
24 ; Acts 1977,
P.L.
26,
SECTION
25 . See IC 35-48.] as
amended.
(c) Any
suspension shall continue in effect until the conclusion of all preceedings
upon the revocation or suspension, including any judicial review thereof,
unless sooner withdrawn by the Indiana Board of Pharmacy or dissolved by a
court of competent jurisdiction. Any registrant whose registration is suspended
under this section may request a hearing on the revocation or suspension of his
registration at a time earlier than specified in the order to show cause
pursuant to section 3.46 [856 IAC 2-3-23]
, which request shall be granted by the Indiana Board of Pharmacy who
shall fix a date for such hearing as early as reasonably possible.
Notes
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