by Dale J. Atkinson 

Originally published in the March 2013 NABP Newsletter 

The NABP membership consists of the regulatory boards regulating the profession of pharmacy. These boards are statutorily created and empowered and act in the interest of protecting the public. United States jurisdictions are governed under a “states’ rights” model whereby those powers not specifically delineated to the federal government are reserved to the states. Under such a model, the states have certain freedoms to develop and enforce administrative procedures and processes as determined on a state-by-state basis. 

Accordingly, not all member boards of NABP follow similar processes when administratively prosecuting persons alleged to have violated the practice act or relevant regulations. Licensure prosecutions may be heard by the board as a whole, by an administrative law judge, by a hearing officer, or by other procedural nuances unique to each particular jurisdiction. In some jurisdictions, the administrative law judge presides over the administrative hearing and makes a recommendation to the board for ultimate disposition. Further, once a disposition of the matter has been determined, various procedural avenues may provide a licensee with opportunities for a “stay” of execution of judgment pending an appeal. 

The full article, which reviews a case involving a licensee of the Illinois Department of Financial and Professional Regulation, Division of Professional Regulation – State Board of Pharmacy, is available in the March 2013 NABP Newsletter (PDF; pages 48-49, 54).