2006 Code of Virginia § 54.1-3434.3 - Denial, revocation, suspension of registration, summary proceedings

54.1-3434.3. Denial, revocation, suspension of registration, summaryproceedings.

The Board may deny, revoke, or suspend a nonresident pharmacy registrationfor conduct which causes serious bodily or serious psychological injury to aresident of the Commonwealth.

The Board shall immediately suspend, without a hearing, the registration ofany nonresident pharmacy upon receipt of documentation by the licensingagency in the jurisdiction where a nonresident pharmacy registered with theBoard is located, that the nonresident pharmacy has had its license,certificate, permit, or registration as a pharmacy revoked or suspended bythat agency and has not been reinstated, or if the Board has receivednotification from the licensing agency that the pharmacy in the residentstate no longer holds a valid unexpired license, permit, certificate, orregistration as a pharmacy. The Board shall provide written notice of thesuspension to the nonresident pharmacy at the address of record on file withthe Board and to the resident-state licensing agency. The nonresidentpharmacy may apply for reinstatement of the registration only after it hasbeen reinstated by and holds a current and unrestricted license, certificate,permit, or registration as a pharmacy from the licensing agency in thejurisdiction where it is located. Such nonresident pharmacy shall be entitledto a hearing not later than the next regular meeting of the Board after theexpiration of 30 days from the receipt of such application, and shall havethe right to be represented by counsel and to summon witnesses to testify onits behalf.

The Board may summarily suspend the registration of any nonresident pharmacywithout a hearing, simultaneously with the institution of proceedings for ahearing, if it finds that there is a substantial danger to the public healthor safety that warrants such action. The Board may meet by telephoneconference call when summarily suspending the registration if a good faitheffort to assemble a quorum of the Board has failed and, in the judgment of amajority of the members of the Board, the continued dispensing by thenonresident pharmacy constitutes a substantial danger to the public health orsafety. Institution of proceedings for a hearing shall be providedsimultaneously with the summary suspension. The hearing shall be scheduledwithin a reasonable time of the date of the summary suspension. The Board mayconsider other information concerning possible violations of Virginia law ata hearing, if reasonable notice is given to such nonresident pharmacy of theinformation.

A nonresident pharmacy with a suspended registration shall not ship, mail, ordeliver any Schedule II through VI drugs into the Commonwealth unlessreinstated by the Board.

The Board may refer complaints concerning nonresident pharmacies to theregulatory or licensing agency in the jurisdiction where the pharmacy islocated. The Board may take other disciplinary action against a nonresidentpharmacy in accordance with 54.1-2400 and 54.1-3316 following notice andthe opportunity for a hearing.

(1990, c. 270; 2005, c. 115.)