PRINTER'S NO. 3688
No. 2779 Session of 1980
INTRODUCED BY POLITE, JUNE 24, 1980
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 24, 1980
AN ACT
1 Amending the act of September 27, 1961 (P.L.1700, No.699),
2 entitled "An act relating to the regulation of the practice
3 of pharmacy, including the sales, use and distribution of
4 drugs and devices at retail; and amending, revising,
5 consolidating and repealing certain laws relating thereto,"
6 providing for hearing examiners.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 5, act of September 27, 1961 (P.L.1700,
10 No.699), known as the "Pharmacy Act," is amended by adding a
11 subsection to read:
12 Section 5. Revocation and Suspension.--* * *
13 (c) The board shall appoint, with the approval of the
14 Governor, such hearing examiners as shall be necessary to
15 conduct hearings as may be required under this section.
16 The board shall have the power to adopt and promulgate rules
17 and regulations setting forth the functions, powers, standards
18 and duties to be followed by the hearing examiners.
19 The hearing examiners shall have the power to conduct
1 hearings in accordance with the regulations of the board, and to
2 issue subpoenas requiring the attendance and testimony of
3 individuals or the production of, pertinent books, records,
4 documents and papers by persons whom they believe to have
5 information relevant to any matter pending before the examiner.
6 Such examiner shall also have the power to administer oaths.
7 The hearing examiner shall hear evidence submitted and
8 arguments of counsel, if any, with reasonable dispatch, and
9 shall promptly record his decision, supported by findings of
10 fact, and a copy thereof shall immediately be sent to the board
11 and to counsel of record, or the parties, if not represented.
12 If application for review is made to the board within twenty
13 days from the date of any decision made as a result of a hearing
14 held by a hearing examiner, the board shall review the evidence,
15 and if deemed advisable by the board, hear argument and
16 additional evidence. As soon as practicable, the board shall
17 make a decision and shall file the same with its finding of the
18 facts on which it is based and send a copy thereof to each of
19 the parties in dispute.
20 Section 2. This act shall take effect in 60 days.
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