Section 856 IAC 2-3-21 - Suspension pending final orderAuthority: IC 35-48-3-1
Affected: IC 35-48-3-5
Sec. 21.
Suspension of registration pending final order.
(a) The Indiana Board of Pharmacy may suspend any registration simultaneously with or at any time subsequent to the service upon the registrant of an order to show cause why such registration should not be revoked or suspended, in any case where it finds that there is an imminent danger to the public health or safety. If the Indiana Board of Pharmacy so suspends, it shall serve with the order to show cause pursuant to section 3.46 [856 IAC 2-3-23] an order of immediate suspension which shall contain a statement of its findings regarding the danger to public health or safety.(b) Upon service of the order of immediate suspension, the registrant shall promptly return his Certificate of Registration to the Indiana Board of Pharmacy. Also, upon service of the order of the Indiana Board of Pharmacy immediately suspending registration, the registrant shall, as instructed by the Indiana Board of Pharmacy: (1) Deliver all affected controlled substances in his possession to the Indiana Board of Pharmacy or to authorized agents of the Indiana Board of Pharmacy; or(2) Place all of such substances under seal as described in IC 1971, 35-24.1-3-4(c) [Repealed by Acts 1976, P.L. 148, SECTION 24; Acts 1977, P.L. 26, SECTION 25. See IC 35-48.] as amended.(c) Any suspension shall continue in effect until the conclusion of all preceedings upon the revocation or suspension, including any judicial review thereof, unless sooner withdrawn by the Indiana Board of Pharmacy or dissolved by a court of competent jurisdiction. Any registrant whose registration is suspended under this section may request a hearing on the revocation or suspension of his registration at a time earlier than specified in the order to show cause pursuant to section 3.46 [856 IAC 2-3-23] , which request shall be granted by the Indiana Board of Pharmacy who shall fix a date for such hearing as early as reasonably possible.Indiana Board of Pharmacy; Reg 28,Ch III,Sec 3.44; filed Jul 9, 1974, 9:29 am: Unpublished; readopted filed Nov 14, 2001, 2:45 p.m.: 25 IR 1341; readopted filed Oct 4, 2007, 3:33 p.m.: 20071031-IR-856070060RFA; readopted filed November 25, 2013, 9:24 a.m.: 20131225-IR-856130308RFAReadopted filed 2/15/2024, 1:16 p.m.: 20240313-IR-856230795RFA