Physical or mental examination of holder of certificate believed to be incompetent; competency hearing; probation for use of alcohol or drugs.
1. Whenever the Board believes that a holder of a certificate is or has become incompetent to practice pharmacy by reason of any physical or mental injury, illness or disability or by reason of chronic or excessive use of alcohol or drugs, the Board may order that the holder of the certificate submit to a physical or psychiatric examination, or both, at the expense of the Board.
2. The Board shall designate a physician or a psychiatrist or both, as the case may be, to conduct the examination or examinations of the holder of the certificate and furnish the Board and the holder of the certificate with a report of the findings. If the holder of the certificate is dissatisfied with the findings, he may obtain an independent examination and report at his own expense, not later than 10 days following receipt of the initial report.
3. Upon receipt of the findings the Board shall conduct a hearing to determine whether the holder of the certificate is competent to practice pharmacy. Except as provided in subsection 4, if the Board finds that he is not competent to practice pharmacy, it shall order an immediate suspension of his right to practice pharmacy, and the suspension remains in effect until the Board determines that a certificate may be reinstated.
4. The Board may place on probation a holder of a certificate who is not competent to practice pharmacy by reason of chronic or excessive use of alcohol or drugs if he voluntarily enters and completes a program of treatment approved by the Board and complies with any other conditions imposed by the Board.
Last modified: February 27, 2006