Joseph J. Bova, RPh. This program has been brought to you by PharmCon

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1 Joseph J. Bova, RPh This program has been brought to you by PharmCon PharmCon is accredited by the Accreditation Council for Pharmacy Education as a provider of continuing pharmacy education

2 Speaker: Joseph Bova received a Bachelor of Science in Pharmacy at St. John s University in Queens, NY. He later served as the chairman of the New York State board of Pharmacy, Pharmacists Society of the State Of New York, Westchester and Rockland Society of Pharmacists, and the National Community Pharmacists Association. He has been a active community pharmacist for over thirty years and owned the oldest active pharmacy in Westchester County but is currently providing lectures and seminars which are accredited continuing education programs for pharmacists on education, error prevention, New York State disciplinary process, laws, rules and regulations for New York state pharmacy practice, laws, rules and regulations for the proper prescribing and dispensing of controlled substances in New York State. Speaker Disclosure: Joseph Bova has no actual or potential conflicts of interest in relation to this program This program has been brought to you by PharmCon PharmCon is accredited by the Accreditation Council for Pharmacy Education as a provider of continuing pharmacy education Legal Disclaimer: The material presented here does not necessarily reflect the views of Pharmaceutical Education Consultants (PharmCon) or the companies that support educational programming. A qualified healthcare professional should always be consulted before using any therapeutic product discussed. Participants should verify all information and data before treating patients or employing any therapies described in this educational activity.

3 Accreditation: Pharmacist L03-P Technicians L03-T CE Credits: 1.0 Continuing Education Hour or 0.1 CEU for pharmacists/technicians Target Audience: Pharmacists & Technicians Expiration Date: 7/29/2012 Program Overview: This program will provide pharmacists an overview of the disciplinary process in New York state and how it impacts pharmacists. The program details the various aspects of pharmacy inspections and the penalties for for professional misconduct. Objectives: Describe the disciplinary process in New York State and how it relates to the pharmacy profession. Outline the various aspects of a pharmacy inspection in NY. Describe the various penalties for professional misconduct. Review the role of the supervising pharmacist. This program has been brought to you by PharmCon

4 Key Offices In the Disciplinary Process Office of the Professions (OP) Office of Professional Discipline (OPD) Department of Health Office of Professional Medical Conduct (OPMC) Board of Regents

5 The professional discipline process begins when a complaint, or other information concerning possible professional misconduct, is received. These allegations of misconduct come from a variety of sources.

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10 Early Involvement (EI) Process EI Team 1996 Team Model used in 85% of Discipline Cases Assessment of facts and applicable law Involvement of State Board Members

11 Next Steps Substantial evidence of professional misconduct Professional Conduct Officer (PCO) makes determination: Administrative Warning (AW) Violation Committee (VC) Proceedings VC resolution constitutes disciplinary action Fines up to $500 and/or Censure and Reprimand

12 Applications for Consent/Surrender Negotiated Settlement Application for consent order Informal Settlement Conference (ISC) Board of Regents Decision Professional misconduct (Section 6509 of the Education Law in Part 29 of the Rules of the Board of Regents) Section 6510 & 6511

13 Formal Hearing Process Scheduled when not settled by AW, VC or ISC Board of Regents Hearing before 3 member panel Charges prepared/served/right to counsel action range from probation to license revocation and finds up to $10K for each specification Legal proceedings Guilt by 2 of 3 panel members Report sent to Regents Review Committee final appeal Regents Review Committee Forwarded to Board of Regents for final review Direct Referral Section 6509

14 Committee of the Professions (COP) Comprised of 3 high level executives in the State Education Department COP reviews consent and surrender applications makes recommendations Full Board of Regents makes final determination

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16 Summary Suspension of License Used when public health, safety, or welfare requires immediate action Requires only one regent When application approved; expedited disciplinary proceeding ensue

17 Final Determination Disciplinary cases presented to Board of Regents at their regular meetings (8 x per year) Decide more than 500 cases per year Can dismiss case even when found guilty but can not change a not guilty finding Formal vote by board determines final outcome Investigators take final action take possession of licenses, monitor terms of probation and/or collect fines

18 Disciplinary Penalties Penalties enumerated in Section 6511 of the Education Law Revocation, suspension, partial suspension, censure, reprimand, public service and/or fines up t0 $10K per specification Statute give Board of Regents great discretion Final disciplinary actions become public record

19 Post Disciplinary Proceedings Application for Reconsideration Court Appeals Violation of Probation

20 Application for Restoration of a Professional License Eligible to apply 3 years after effective date (1 year if early than 1997) Investigation forwarded to OPD Peer Committee review Applicant must make own case compelling evidence / burden of proof

21 Prelicensure Proceedings Determination of Good Moral Character Panel of 3 board members Administrative hearing

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