| (E) failing to obtain training on the preparation of
sterile pharmaceutical compounding: $500;
(F) failing to maintain the confidentiality of prescription
records: $500;
(G) failing to inform the board of any notification
or information required to be reported by the Act or rules: $250;
and
(H) accessing information submitted to the Prescription
Monitoring Program in violation of §481.076 of the Controlled
Substances Act: $500 - $2,000.
(4) Any of the violations listed in this section may
be appropriate for disposition by the administrative penalties in
this section in conjunction with any other penalties in §281.61
of this title (relating to Definitions of Discipline Authorized).
(5) Each day a violation continues or occurs is a separate
violation for purposes of imposing a penalty or fine.
(6) The amount, to the extent possible, shall be based
on:
(A) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of any prohibited act,
and the hazard or potential hazard created to the health, safety,
or economic welfare of the public;
(B) the aggravating and mitigating factors in §281.62
of this title (relating to Aggravating and Mitigating Factors);
(C) the amount necessary to deter a future violation;
and
(D) any other matter that justice may require.
|
| Source Note: The provisions of this §281.65 adopted to be effective September 3, 2006, 31 TexReg 6722; amended to be effective September 7, 2008, 33 TexReg 7218; amended to be effective June 7, 2009, 34 TexReg 3390; amended to be effective December 6, 2009, 34 TexReg 8690; amended to be effective December 19, 2016, 41 TexReg 9933; amended to be effective June 11, 2017, 42 TexReg 2928; amended to be effective December 6, 2018, 43 TexReg 7770; amended to be effective September 9, 2020, 45 TexReg 6236 |
