Section 1330.30 Unprofessional and Unethical Conduct

TITLE 68: PROFESSIONS AND OCCUPATIONS

CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION

SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS

PART 1330 PHARMACY PRACTICE ACT

SECTION 1330.30 UNPROFESSIONAL AND UNETHICAL CONDUCT

Section 1330.30

Unprofessional and Unethical Conduct

Unprofessional and unethical conduct by a licensee or

registrant shall include, but not be limited to:

a)         Failing to establish and maintain effective controls against

diversion of prescription drugs.

b)         Committing

theft or diversion, or attempting to commit theft or diversion, by a registrant

or licensee.

c)         Making or filing a report or record that a pharmacist or

pharmacy knows to be false or intentionally or negligently failing to file a

report or keep records as required by the Act or this Part.

d)         Knowingly dispensing a prescription drug after the death of

the person for whom the prescription was written.

e)         Billing or charging for quantities of drugs greater than that

which was delivered or charging patients for a brand drug when a generic is

dispensed.

f)         Submitting fraudulent billing or reports to a third party

payer or claiming a fee for a service that is not performed or earned.

g)         Filling a prescription when a pharmacist knows, or reasonably

should know, that no valid physician-patient relationship exists or failing to

exercise sound professional judgment with respect to the accuracy and

authenticity of any prescription/drug order dispensed.

h)         Failing to provide patient counseling in accordance with this

Part, failing to respond to requests for patient counseling, attempting to

circumvent patient counseling requirements, or otherwise discouraging patients

from receiving patient counseling concerning their prescription medications.

i)          Discriminating in any manner against a person or group based

upon that person or group's religion, race, creed, color, gender, sexual

orientation, age or national origin

respond to requests for patient counseling, attempting to

circumvent patient counseling requirements, or otherwise discouraging patients

from receiving patient counseling concerning their prescription medications.

i)          Discriminating in any manner against a person or group based

upon that person or group's religion, race, creed, color, gender, sexual

orientation, age or national origin.

j)          Knowingly dispensing a prescription drug without a valid

prescription.  Dispensing or offering to dispense any drug not approved by the

Food and Drug Administration (FDA), found in the USP-NF, or found on the list

promulgated by the FDA for bulk drug substances that may be used to compound

drug products.

k)         Failing to keep one's self and one's apparel clean or to wear

identification bearing name and designation.

l)          Directly

or indirectly furnishing to a medical practitioner prescription order-blanks

that refer to a specific pharmacist or pharmacy in any manner.

m)        Actively

or passively participating in any arrangement or agreement in which a

prescription order-blank is prepared, written, or issued in a manner that

refers to a specific pharmacist or pharmacy.  Pharmacy-branded enrollment

forms, when a patient requests his or her prescriptions be filled at a specific

pharmacy, and Risk Evaluation and Mitigation Strategies documents containing

prescription information are not prohibited by this subsection.

n)         Dividing

a prescription order unless directed by the prescriber, payer or patient or

when the full quantity of that prescription medication is not available at that

location.

o)         Committing

dispensing errors that result in hospitalization of a patient or demonstrating

a pattern and practice of dispensing errors.

p)         Committing

an act or acts that are of a flagrant and obvious nature so as to constitute

conduct of such a distasteful nature that accepted codes of behavior or codes

of ethics are breached

on medication is not available at that

location.

o)         Committing

dispensing errors that result in hospitalization of a patient or demonstrating

a pattern and practice of dispensing errors.

p)         Committing

an act or acts that are of a flagrant and obvious nature so as to constitute

conduct of such a distasteful nature that accepted codes of behavior or codes

of ethics are breached.

q)         Committing

an act or acts in a relationship with a patient that violate common standards

of decency or propriety.

r)          Willfully

violating, or knowingly assisting in the violation of, any law relating to the

use of habit-forming controlled substances.

s)         Failing

to full comply or respond to a Department subpoena within 60 days.

t)          Committing

any other act or omission that breaches the pharmacist's responsibility to a

patient according to the accepted standard of care in pharmacy practice.