| (a) For the purposes of the Act, §565.001(a)(2),
"unprofessional conduct" is defined as engaging in behavior or committing
an act that fails to conform with the standards of the pharmacy profession,
including, but not limited to, criminal activity or activity involving
moral turpitude, dishonesty, or corruption. This conduct shall include,
but not be limited to:
(1) dispensing a prescription drug pursuant to a forged,
altered, or fraudulent prescription;
(2) dispensing a prescription drug order pursuant to
a prescription from a practitioner as follows:
(A) the dispensing of a prescription drug order not
issued for a legitimate medical purpose or in the usual course of
professional practice shall include the following:
(i) dispensing controlled substances or dangerous drugs
to an individual or individuals in quantities, dosages, or for periods
of time which grossly exceed standards of practice, approved labeling
of the federal Food and Drug Administration, or the guidelines published
in professional literature; or
(ii) dispensing controlled substances or dangerous
drugs when the pharmacist knows or reasonably should have known that
the controlled substances or dangerous drugs are not necessary or
required for the patient's valid medical needs or for a valid therapeutic
purpose;
(B) the provisions of subparagraph (A)(i) and (ii)
of this paragraph are not applicable for prescriptions dispensed to
persons with intractable pain in accordance with the requirements
of the Intractable Pain Treatment Act, or to a narcotic drug dependent
person in accordance with the requirements of Title 21, Code of Federal
Regulations, §1306.07, and the Regulation of Narcotic Drug Treatment
Programs Act;
(3) delivering or offering to deliver a prescription
drug or device in violation of this Act, the Controlled Substances
Act, the Dangerous Drug Act, or rules promulgated pursuant to these
Acts;
(4) acquiring or possessing or attempting to acquire
or possess prescription drugs in violation of this Act, the Controlled
Substances Act, the Dangerous Drug Act, or rules adopted pursuant
to these Acts;
(5) distributing prescription drugs or devices to a
practitioner or a pharmacy not in the course of professional practice
or in violation of this Act, the Controlled Substances Act, Dangerous
Drug Act, or rules adopted pursuant to these Acts;
(6) refusing or failing to keep, maintain or furnish
any record, notification or information required by this Act, the
Controlled Substances Act, the Dangerous Drug Act, or rules adopted
pursuant to these Acts;
(7) refusing an entry into any pharmacy for any inspection
authorized by the Act;
(8) making false or fraudulent claims to third parties
for reimbursement for pharmacy services;
(9) operating a pharmacy in an unsanitary manner;
(10) making false or fraudulent claims concerning any
drug;
(11) persistently and flagrantly overcharging for the
dispensing of controlled substances;
(12) dispensing controlled substances or dangerous
drugs in a manner not consistent with the public health or welfare;
(13) failing to practice pharmacy in an acceptable
manner consistent with the public health and welfare;
(14) refilling a prescription upon which there is authorized
"prn" refills or words of similar meaning, for a period of time in
excess of one year from the date of issuance of such prescription;
(15) engaging in any act, acting in concert with another,
or engaging in any conspiracy resulting in a restraint of trade, coercion,
or a monopoly in the practice of pharmacy;
(16) sharing or offering to share with a practitioner
compensation received from an individual provided pharmacy services
by a pharmacist;
(17) obstructing a board employee in the lawful performance
of his or her duties of enforcing the Act;
(18) engaging in conduct that subverts or attempts
to subvert any examination or examination process required for a license
to practice pharmacy. Conduct that subverts or attempts to subvert
the pharmacist licensing examination process includes, but is not
limited to:
(A) copying, retaining, repeating, or transmitting
in any manner the questions contained in any examination administered
by the board or questions contained in a question pool of any examination
administered by the board;
(B) copying or attempting to copy another candidate's
answers to any questions on any examination required for a license
to practice pharmacy;
(C) obtaining or attempting to obtain confidential
examination materials compiled by testing services or the board;
(D) impersonating or acting as a proxy for another
in any examination required for a license to practice pharmacy;
(E) requesting or allowing another to impersonate or
act as a proxy in any examination required for a license to practice
pharmacy; or
(F) violating or attempting to violate the security
of examination materials or the examination process in any manner;
(19) violating the provisions of an agreed board order
or board order;
(20) dispensing a prescription drug while not acting
in the usual course of professional pharmacy practice;
(21) failing to provide or providing false or fraudulent
information on any application, notification, or other document required
under this Act, the Dangerous Drug Act, the Controlled Substances
Act, or rules adopted pursuant to those Acts;
(22) using abusive, intimidating, or threatening behavior
toward a board member or employee during the performance of such member's
or employee's lawful duties;
(23) failing to establish or maintain effective controls
against the diversion or loss of controlled substances or dangerous
drugs, loss of controlled substance or dangerous drug records, or
failing to ensure that controlled substances or dangerous drugs are
dispensed in compliance with state and federal laws or rules, by a
pharmacist who is:
(A) a pharmacist-in-charge of a pharmacy;
(B) a sole proprietor or individual owner of a pharmacy;
(C) a partner in the ownership of a pharmacy; or
(D) a managing officer of a corporation, association,
or joint-stock company owning a pharmacy. A pharmacist, as set out
in subparagraphs (B) - (D) of this paragraph, is equally responsible
with an individual designated as pharmacist-in-charge of such pharmacy
to ensure that employee pharmacists and the pharmacy are in compliance
with all state and federal laws or rules relating to controlled substances
or dangerous drugs;
(24) failing to correct the issues identified in a
warning notice by the specified time;
(25) being the subject of civil fines imposed by a
federal or state court as a result of violating the Controlled Substances
Act or the Dangerous Drug Act;
(26) selling, purchasing, or trading or offering to
sell, purchase, or trade prescription drug samples; provided, however,
this paragraph does not apply to:
(A) prescription drugs provided by a manufacturer as
starter prescriptions or as replacement for such manufacturer's out-dated
drugs;
(B) prescription drugs provided by a manufacturer in
replacement for such manufacturer's drugs that were dispensed pursuant
to written starter prescriptions; or
(C) prescription drug samples possessed by a pharmacy
of a health care entity which provides health care primarily to indigent
or low income patients at no or reduced cost and if:
(i) the samples are possessed in compliance with the
Prescription Drug Marketing Act of 1987;
(ii) the pharmacy is owned by a charitable organization
described in the Internal Revenue Code of 1986, §501(c)(3), or
by a city, state or county government; and
(iii) the samples are for dispensing or provision at
no charge to patients of such health care entity;
(27) selling, purchasing, or trading or offering to
sell, purchase, or trade prescription drugs:
(A) sold for export use only;
(B) purchased by a public or private hospital or other
health care entity; or
(C) donated or supplied at a reduced price to a charitable
organization described in the Internal Revenue Code of 1986, §501(c)(3);
(D) provided that subparagraphs (A) - (C) of this paragraph
do not apply to:
(i) the purchase or other acquisition by a hospital
or other health care entity which is a member of a group purchasing
organization or from other hospitals or health care entities which
are members of such organization;
Cont'd... |
