Code of Massachusetts Regulations
247 CMR - BOARD OF REGISTRATION IN PHARMACY
Title 247 CMR 11.00 - Registration Under The Controlled Substances Act (m.g.l. C.94c)
Section 11.13 - Summary Suspension of a Controlled Substance Registration
Current through Register 1531, September 27, 2024
(1) The Board may, without hearing, suspend or refuse to renew any controlled substance registration issued by it if it finds that there is an imminent danger to the public health or safety which warrants this action; provided, however, that the Board promptly affords the registrant an opportunity for a hearing in accordance with M.G.L. c. 30A, 801 CMR 1.01: Formal Rules and 247 CMR 10.00: Disciplinary Proceedings.
(2) Any suspension summarily imposed by the Board shall continue in effect until the conclusion of the final hearing on the merits of any Order to Show Cause issued by the Board in connection with its investigation of the pharmacy, outsourcing facility, or wholesale druggist, including judicial review thereof, unless sooner dissolved by a court of competent jurisdiction, or withdrawn by the Board.
(3) The procedure for summary suspension is as follows:
At the hearing, the Board shall receive testimony and documentary evidence limited to determining whether the summary suspension of the controlled substance registration shall continue in effect pending a final hearing on the merits of any Order to Show Cause issued by the Board against the pharmacy or establishment in connection with its investigation.
Following the hearing, the Board shall vote on whether to continue the summary suspension in effect and shall promptly notify the registrant in writing of its decision.
(4) The Board's summary suspension of a controlled substance registration shall be grounds for the summary suspension of a pharmacy license, outsourcing facility registration, or wholesale druggist's license issued by the Board. The summary suspension of a pharmacy license, outsourcing registration, or wholesale druggist's license shall continue in effect pending a final hearing on the merits of any Order to Show Cause issued by the Board against the pharmacy, outsourcing facility, or wholesale druggist in connection with its investigation, including judicial review thereof, unless sooner dissolved by a court of competent jurisdiction or withdrawn by the Board.