Section 390-7 - Hearings and suspensions(a)(1) Upon refusal of the board to issue any license, permit or certificate, written notice of the grounds supporting such decision shall be given to the applicant, either personally or by registered or certified mail, return receipt requested, and the board shall accord the applicant opportunity of a hearing, upon written request received within fifteen days from the date of the giving of said written notice.(2) The board may, upon its own motion, and shall, promptly, upon the verified complaint in writing of any person setting forth specifically the wrongful act or acts complained of, investigate any alleged violations of this act by any persons, and shall have the power temporarily to suspend or permanently to revoke licenses theretofore issued by the department under the provisions of this act at any time when, after due proceedings as hereinafter provided, it shall find the holder thereof to have been guilty of any violation of the provisions of this act.(b) Such hearings, appeals from, and rulings resulting therefrom, unless otherwise provided herein, shall be in accordance with the provisions of the "Administrative Agency Law." (c) A majority of the board shall designate the member or members to be present at each hearing. Subsequent to each hearing, the notes of testimony shall be transcribed and a copy of the transcription shall be given to each member of the board who shall review same prior to voting thereon. All decisions shall be reached by a majority vote of the entire board. The board shall, by regulation, establish and publish procedural rules concerning the conduct of hearings.(d) The board shall maintain in its office a private docket or other record in which it shall record, from time to time as made, the rulings or decisions upon all complaints filed with it, and all investigations instituted by it in the first instance upon or in connection with which any such hearing shall have been had or in which the licensee charged shall have made no defense. The board shall also give immediate notice, in writing, of such ruling or decision to the licensee affected thereby and as well, where the investigation shall have been instituted by complaint filed, to the party or parties by whom the complaint was made. If such ruling shall be to the prejudice of or shall injuriously affect the licensee, the board shall also state in said notice the date upon which the said ruling or decision shall become effective. If the licensee cannot at such time be found, his whereabouts being then unknown, such notice may be given by the board by advertisement inserted in one issue of a newspaper of general circulation published within the county where was located the principal office of the licensee as designated in the license. When any revocation or suspension shall become final, the board shall publish notice thereof in one issue of one or more newspapers of general circulation published within the county in which the licensee was practicing or engaged in the practice of pharmacy at the time of such revocation or suspension.(d.1) A license issued under this act may be temporarily suspended under circumstances as determined by the board to be an immediate and clear danger to the public health and safety. The board shall issue an order to that effect without a hearing, but upon due notice, to the licensee concerned at his last known address, which shall include a written statement of all allegations against the licensee. The provisions of subsection (b) shall not apply to temporary suspension. The board shall thereupon commence formal action to suspend, revoke or restrict the license of the person concerned as otherwise provided for in this act. All actions shall be taken promptly and without delay. Within thirty days following the issuance of an order temporarily suspending a license, the board shall conduct or cause to be conducted a preliminary hearing to determine that there is a prima facie case supporting the suspension. The licensee whose license has been temporarily suspended may be present at the preliminary hearing and may be represented by counsel, cross-examine witnesses, inspect physical evidence, call witnesses, offer evidence and testimony and make a record of the proceedings. If it is determined that there is not a prima facie case, the suspended license shall be immediately restored. The temporary suspension shall remain in effect until vacated by the board, but in no event longer than one hundred eighty days.(d.2) A license issued under this act shall automatically be suspended upon the legal commitment to an institution of a licensee because of mental incompetency from any cause upon filing with the board a certified copy of such commitment, conviction of a felony under the act of April 14, 1972 (P.L. 233, No. 64), known as "The Controlled Substance, Drug, Device and Cosmetic Act," or conviction of an offense under the laws of another jurisdiction, which if committed in Pennsylvania, would be a felony under "The Controlled Substance, Drug, Device and Cosmetic Act." As used in this section the term "conviction" shall include a judgment, an admission of guilt or a plea of nolo contendere. Automatic suspension under this subsection shall not be stayed pending any appeal of a conviction. Restoration of such license shall be made as hereinafter provided in the case of revocation or suspension of such license.(d.3) The board, with the approval of the Commissioner of Professional and Occupational Affairs, shall appoint and fix the compensation of a professional consultant who is a licensee of the board with education and experience in the identification, treatment and rehabilitation of persons with physical or mental impairments. Such consultant shall be accountable to the board and shall act as a liaison between the board and treatment programs, such as alcohol and drug treatment programs licensed by the Department of Health, psychological counseling and impaired professional support groups approved by the board and which provide services to licensees under this act.(d.4) The board may defer and ultimately dismiss any of the types of corrective action set forth in this act for an impaired professional so long as the professional is progressing satisfactorily in an approved treatment program, provided that the provisions of this subsection shall not apply to a professional convicted of, pleaded guilty to or entered a plea of nolo contendere to a felonious act prohibited by "The Controlled Substance, Drug, Device and Cosmetic Act," or the conviction of a felony relating to a controlled substance in a court of law of the United States or any other state, territory or country. An approved program provider shall, upon request, disclose to the consultant such information in its possession regarding an impaired professional in treatment which the program provider is not prohibited from disclosing by an act of this Commonwealth, another state or the United States. Such requirement of disclosure by an approved program provider shall apply in the case of impaired professionals who enter an agreement in accordance with this section, impaired professionals who are the subject of a board investigation or disciplinary proceeding and impaired professionals who voluntarily enter a treatment program other than under the provisions of subsections (d.3) through (d.8) but who fail to complete the program successfully or to adhere to an after-care plan developed by the program provider.(d.5) An impaired professional who enrolls in an approved treatment program shall enter into an agreement with the board under which the professional's license shall be suspended or revoked but enforcement of that suspension or revocation shall be stayed for the length of time the professional remains in the program and makes satisfactory progress, complies with the terms of the agreement and adheres to any limitations on his practice imposed by the board to protect the public. Failure to enter into such an agreement shall disqualify the professional from the impaired professional program and shall activate an immediate investigation and disciplinary proceeding by the board.(d.6) If, in the opinion of the consultant after consultation with the provider, an impaired professional, who is enrolled in an approved treatment program has not progressed satisfactorily, the consultant shall disclose to the board all information in his possession regarding said professional, and the board shall institute proceedings to determine if the stay of the enforcement of the suspension or revocation of the impaired professional's license shall be vacated.(d.7) An approved program provider who makes a disclosure under subsections (d.3) through (d.8) shall not be subject to civil liability for such disclosure or its consequences.(d.8) Any hospital or health care facility, peer or colleague who has substantial evidence that a professional has an active addictive disease for which the professional is not receiving treatment, is diverting a controlled substance or is mentally or physically incompetent to carry out the duties of his or her license or certificate shall make or cause to be made a report to the board: Provided, That any person or facility who acts in a treatment capacity to an impaired pharmacist in an approved treatment program is exempt from the mandatory reporting requirements of this subsection. Any person or facility who reports pursuant to subsections (d.3) through (d.8) in good faith and without malice shall be immune from any civil or criminal liability arising from such report. Failure to provide such report within a reasonable time from receipt of knowledge of impairment shall subject the person or facility to a fine not to exceed one thousand dollars ($1,000). The board shall levy this penalty only after affording the accused party the opportunity for a hearing, as provided in Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).(e), (f) Repealed by 1978, April 28, P.L. 202, No. 53, § 2(a) [1357], eff. June 27, 1978.1961, Sept. 27, P.L. 1700, § 7. Affected 1978, April 28, P.L. 202, No. 53, §2(a) [1357], effective 6/27/1978. Amended 1985 , Dec. 20, P.L. 433, No. 111, § 7, effective 1/1/1986.