Section 4.10. Requests for review.

 

(1)  A pharmacist, pharmacist delegate, practitioner, or practitioner delegate may request that the board review any of the following:

(a) The denial of a waiver requested pursuant to s. CSB 4.05 (3) .

(b) The denial of an emergency waiver requested pursuant to s. CSB 4.06 (3) .

(c) The denial, suspension, revocation or other restriction or limitation imposed on the pharmacist's, pharmacist delegate's, practitioner's, or practitioner delegate's account pursuant to s. CSB 4.09 (3) .

(2)  To request a review, the pharmacist, pharmacist delegate, practitioner, or practitioner delegate shall file a written request with the board within 20 days after the mailing of the notice of the action in sub. (1) . The request shall be in writing and include all of the following:

(a) The pharmacist's, pharmacist delegate's, practitioner's, or practitioner delegate's name and address, including street address, city, state and ZIP code.

(b) The citation to the specific statute or rule on which the request is based.

(3)  The board shall conduct the review at its next regularly scheduled meeting and notify the pharmacist, pharmacist delegate, practitioner, or practitioner delegate of the time and place of the review.

(4)  No discovery is permitted.

(5)  The board shall preside over the review. The review shall be recorded by audio tape unless otherwise specified by the board.

(6)  The board shall provide the pharmacist, pharmacist delegate, practitioner, or practitioner delegate with an opportunity to submit written documentation, make a personal appearance before the board and present a statement. The board may establish a time limit for making a presentation. Unless otherwise determined by the board, the time for making a personal appearance shall be 20 minutes.

(7)  If the pharmacist, pharmacist delegate, practitioner, or practitioner delegate fails to appear for a review, or withdraws the request for a review, the board may note the failure to appear in the minutes and affirm its original decision without further action.

CR 12-009 : cr. Register October 2012 No. 682 , eff. 1-1-13; correction in (1) (b) made under s. 13.92 (4) (b) 7. , Stats., Register February 2014 No. 698 ; CR 14-003 : am. (1) (intro.), (2) (intro.), (b), (3), (6), (7) Register August 2014 No. 704 , eff. 9-1-14; correction in (1) (a) to (c) made under s. 13.92 (4) (b) 7. , Stats., Register September 2015 No. 717 ; CR 15-101 : am. (1) (c), (2) (a) Register June 2016 No. 726 , eff. 7-1-16; s. 35.17 correction in (1) (c), Register June 2016 No. 726 .