2023 Laws of Puerto Rico › TITLE TWENTY - Examining Boards and Professional Colleges (§§ 1 — 6033) › Chapter 20 - Pharmacy (§§ 407 — 412c) › Subchapter VI - Administrative Provisions and Penalties (§§ 411 — 411f) › § 411e - Conducts which constitute a crime

(a) Guilty of a misdemeanor, and upon conviction punished by imprisonment for a term not greater than six (6) months or a fine not to exceed five thousand dollars ($5,000), or both penalties, at the discretion of the court, shall be any person who knowingly and intentionally:
(1) Practices, misrepresents him/herself or advertises as a pharmacist.
(2) As a pharmacy technician, without holding a license or a certificate issued by the Board of Pharmacy of Puerto Rico.
(3) Employs, aids or induces a person who does not hold a license or a certificate from the Board to practice as a pharmacist or a pharmacy technician.
(4) Dispenses, sells or delivers medications at an establishment that does not hold the corresponding license, certificate or authorization.
(5) Dispenses, dispatches or delivers prescription medications without being a pharmacist, unless a pharmacy technician, a pharmacy intern, or a pharmacy technician intern, and participates in such a function under the direct and immediate supervision of the pharmacist.
(6) Dispenses a prescription or prescription refill issued by a person other than a prescribing physician, odontologist, dentist, podiatrist or a veterinarian authorized to practice in Puerto Rico or in any state of the United States of America, as provided by this chapter.
(7) Being a prescribing professional authorized under this chapter, delivers to the patient or his/her representative any medication, except for medical samples in their original packaging and with their original labeling, as identified by their manufacturer.
(8) Being a physician, a medical group, a medical corporation or a medical partnership, a pharmacy benefits administrator, or a health insurance company, refers or directs patients to a pharmacy in which any of the above has a financial interest; or that, being a pharmacy, establishes a contractual relationship or negotiation which promotes or allows said practice.
(9) Establishes, directs, administers or operates a pharmaceutical industry, a drug cabinet, a pharmacy, a wholesaler drugstore or any other establishment engaged in the wholesale or retail distribution, dispensation, vending, or sale of medications without holding a license, a certificate or an authorization as required under this chapter.
(10) Purports to be or misrepresents him/herself, advertises or acts as a representing agent without holding a license as required under this chapter.
(11) Sells medications to establishments not holding the corresponding license, certificate or authorization under this chapter to acquire, sell, administer or dispense the same.
(12) Sells, delivers, changes or gives away prescription medication without there being the corresponding prescription issued by a physician, an odontologist, a podiatrist or a veterinarian authorized to practice in Puerto Rico.
(13) Displays a sign outside or inside an establishment, advertises in newspapers, on the radio or on television, on fliers or by any other means of promotion or otherwise advertises said establishment with a name that includes the [Spanish] words farmacia, droguería, botica, apotecario, or the English words “drug”, “pharmacy”, “drugstore”, or a combination thereof, or any related word or phrase in any language; or displays any symbol, insignia or emblem traditionally used to identify pharmacies which tends to indicate or insinuate to the public that the establishment is a pharmacy or wholesaler drugstore; or advertises the sale of prescription medications or the rendering of any pharmaceutical service, unless the establishment holds a license to operate as a pharmacy or wholesaler drugstore.
(14) Deviates from that which is provided in this chapter on the interchange of bioequivalent medications when interchanging medications.
(15) If a health services insurance plan, includes in its pharmacy coverage any provisions which are contrary to those established in § 410b of this title.
(16) Administers vaccines without complying with the requirements established in this chapter or carries out any immunization-related activity outside of the scope thereof.
(b) Guilty of a felony, and upon conviction punished by imprisonment for one year, shall be any person who:
(1) Through the use of force or intimidation, obstructs or impedes inspector pharmacists from discharging their functions concerning the inspection and examination of establishments and activities subject to license, certificate, and special authorization requirements established in this chapter.
(c) In cases of recidivism, the person thus convicted shall be further punished by the suspension of his/her professional license for a period not greater than sixty days. Provided, That any natural or juridical person whose financial or other interest are impaired by the practices that are prohibited under this chapter shall stand legitimized to bring any action before any forum with jurisdiction to settle controversies arising under this chapter. The term “juridical person” shall include associations, partnerships or corporations representing themselves or their components, members or collective membership.
History —Sept. 3, 2004, No. 247, § 6.06; Apr. 29, 2008, No. 50, § 3; Jan. 8, 2010, No. 7, § 8.