Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule establishes an efficient and
timely process for the disposition of information and tentative board action
concerning impaired pharmacists to the attorney general's office for purposes
of preparing a complaint and streamlines the procedure utilized in interviewing
pharmacists who are chemically impaired.
(1) The executive director shall receive
information concerning the impairment of licensees and coordinate any
investigations that seek to substantiate information concerning a possible
impairment.
(2) Investigations by
board inspectors or division investigators concerning chemically impaired
licensees will be collected and reviewed by the executive director. Cases will
be divided into two (2) categories.
(A)
Category A. Chemically impaired licensees where additional information is
evident that known distribution of controlled substances or legend drugs to
other individuals has taken place.
(B) Category B. Chemical impairment of a
licensee where controlled substances, legend drugs or alcohol have been
acquired for personal use only.
(3) Cases which fall into Category A will be
referred to the board for appropriate action.
(4) Cases which fall within Category B will
be subject to administrative review as a preliminary action to facilitate any
corrective actions deemed necessary by the board.
(5) The following shall constitute office
procedures involving Category B cases:
(A)
Normal procedures for completing field investigations and assimilating other
pertinent information will be followed;
(B) If the director believes that a case
falls into Category B of this policy, s/he shall consult with the president of
the board concerning the appropriateness of an administrative review;
(C) If approval by the president is given,
the director shall take actions necessary to set up a meeting with the licensee
who is the subject of the investigation. In addition, other individuals such as
legal counsel for the board may be asked to attend, along with any staff
member, as necessary;
(D) A
statement concerning due process procedures and the rights of the licensee will
be read at the beginning of the review meeting. A complete record of the
administrative review meeting shall be maintained by the board office. Notice
that the president of the board has been notified and that s/he has given
approval for an administrative fact-finding meeting shall be entered into the
record;
(E) A format during the
fact-finding meeting will be followed that allows the licensee to provide a
statement of his/her own as well as a question/answer period allowed to discuss
the aspects of the case centering on the chemical impairment issues or on any
related concerns about the individual's ability to practice pharmacy;
(F) After the fact-finding meeting is
concluded, a summary will be provided to each member of the board within the
appropriate agenda, along with recommendations from the director as to any
action to be taken. In addition, the president will be contacted and provided
any follow-up information that could warrant changes in administrative
procedures. The president, by executive order, may initiate an affidavit to the
board attorney of an intent to file a complaint with the Administrative Hearing
Commission. Once an order is executed, the information on the case shall be
forwarded to the attorney for necessary legal preparation; and
(G) The entire board shall consider the case
in closed session as to whether or not to file a complaint against the licensee
and consider the recommendations made as to terms. Once the board authorizes a
complaint, the attorney for the board shall assure that the appropriate filings
take place.
(6) When an
impaired pharmacist is disciplined by the board and a term of the discipline is
that s/he participate in a chemical dependence treatment program, the impaired
pharmacist shall select a program which meets the following guidelines:
(A) Persons who are involved in the treatment
or counseling of a Missouri board-licensed pharmacist must submit written
documentation of their credentials and qualifications to provide treatment or
counseling;
(B) A written agreement
or contract must be provided and executed between the counselor(s) and the
licensee, outlining the responsibilities of each party for a successful
treatment and monitoring program. The agreement must include a provision for
sharing information concerning all aspects of therapy between the treatment
facility or counselors, or both, and the Missouri Board of Pharmacy;
(C) An initial evaluation report must be
completed and provided to the board outlining the licensee's present state of
impairment, the recommended course(s) of treatment, the beginning date of
treatment and an assessment of future prospects for recovery;
(D) A copy of the proposed treatment plan
must be provided to the board and must include a provision outlining the method
of referral to an appropriate after-care program;
(E) The counselor(s) must provide progress
reports to the board as follows:
1. Inpatient
therapy-monthly reports;
2.
Outpatient therapy-quarterly re -ports; and
3. After-care programs-semiannual
reports;
(F) The
treatment program must include randomized and witnessed body fluid testing and
analysis, with any drug presence not supported by a valid prescription to be
reported to the Missouri Board of Pharmacy;
(G) The treatment program must include a
provision for reporting any violation of the treatment contract or agreement by
the licensee to the board; and
(H)
All reports outlined in this protocol must be provided in writing to the board
for a counselor or treatment facility, or both, to be approved for the
treatment of a licensee undergoing disciplinary board action.
*Original authority: 338.140, RSMo 1939, amended 1981, 1989
and 338.240, RSMo 1951.
