Pharmacy Board - Stay of Suspension Order - Mandamus: Ex Parte Alabama State Board of Pharmacy


Ex parte Alabama State Board of Pharmacy, [Ms. 2160988, Oct. 27, 2017] __ So. 3d __ (Ala. Civ. App. 2017). This opinion by Presiding Judge Thompson (Pittman, Thomas, and Donaldson, JJ., concur; Moore, J., concurs in the result) issues a writ of mandamus to the Montgomery Circuit Court directing the court to vacate its second supplemental order staying the Alabama State Board of Pharmacy’s suspension of Parks’s pharmacy license.

The circuit court ordered that the pharmacist Parks shall be allowed to work during the pendency of her appeal of the Board’s suspension of her license. Ms. *5-6. The stay order required the Board to “submit a void report per the NPDB [National Practitioner Data Bank] website to remove all negative information on the NPDB website about Parks pharmacies being on probation and about Ms. Parks ever being suspended.” Ms. *6. The court concluded that the Montgomery Circuit Court had exceeded its discretion in imposing these requirements on the Board as such “requires the Board to violate its mandatory obligations under federal law to report the suspension of Parks’s license and the placing of the pharmacies on probation within 30 days. Moreover, the circuit court’s order impedes the accomplishment of Congress’ objectives in enacting the HCQIA [Healthcare Quality Improvement Act] and the legislative scheme Congress developed to carry out those objectives.” Ms. *19-20.

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