Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.95-004 - Reg. 31 - Defining Unprofessional Conduct

Current through Register Vol. 49, No. 6, June, 2024
31. Defining Unprofessional or Dishonorable
		  Conduct:
A. Preamble: In defining
		  "unprofessional conduct," the definitions of professional conduct and a
		  pharmacist's duty should be determined.
Professional conduct may be defined as complying with all the
			 laws and regulations that apply to a given professional activity.
A pharmacist's duty means the practicing pharmacist has a general
			 duty to qualify himself by attaining and maintaining an acceptable level of
			 professional competence and by using such skill and precaution in the
			 preparation, compounding, dispensing, labeling and distribution of drugs and
			 medical devices whether on prescription or not, so as to prevent injury or
			 death to all who are exposed to his professional services; and if the
			 pharmacist is an owner, operator, or director of a pharmacy, he has an
			 additional duty to employ only qualified persons and such other duties as are
			 incidental to the operation of a mercantile business establishment.
B. Definition: Unprofessional or
		  dishonorable conduct by a pharmacist shall mean, among other things, but not
		  limited to:
1. Violation of any provision of
		  the pharmacy act.
2. Violation of
		  the Board of Pharmacy Regulations.
3. Violation of the Drug and Cosmetic
		  act.
4. Violation of the Controlled
		  Substances Act.
5. Failure of a
		  pharmacist to conduct himself professionally in conformity with all applicable
		  federal, state, and municipal laws and regulations in his relationship with the
		  public, other health care professions, and fellow pharmacists.
6. Failure to keep his pharmacy and/or area
		  of professional practice clean, orderly, maintained and secured for the proper
		  performance of his professional duties.
7. Acquiring prescription stock from
		  unlicensed sources or buying or selling legend drugs in violation of local,
		  state, or federal law.
8. Personal
		  participation in the sale of alcoholic beverages while "on duty" as a
		  pharmacist. (Exempts pharmacies selling alcoholic beverages before
		  6/85.)
9. Failure to hold to the
		  strictest confidences all knowledge concerning patrons, their prescriptions,
		  and other confidence entrusted or acquired by him; divulging in the interest of
		  the patron, only by proper release forms, or where required for proper
		  compliance with legal authority.
10. Participation in a plan or agreement
		  which compromises the quality or extent of professional services, or facilities
		  at the expense of the public health and welfare.
11. Participation in any plan, agreement, or
		  arrangement which eliminates or detrimentally affects the traditional
		  relationship of physician, patient, pharmacist, and the patient's freedom of
		  choice of professional services.
12. The distribution, promotion, or
		  advertising of premiums, rebates, coupons, amounts off, etc., on prescription
		  drugs unless the offer is given to all patients purchasing prescriptions in the
		  same time period. *Senior Citizen discounts shall not be considered a violation
		  of this section.
13. The
		  solicitation of prescription business by providing prescribers with
		  prescription blanks with the name of any licensed pharmacy or pharmacy printed
		  thereon.
14. Violation of
		  Regulations and Procedures governing payment to pharmacies for pharmaceutical
		  services for eligible Public Assistance recipients and/or other third party
		  payment programs.
15. The provision
		  of medication carts, printing and maintenance of the data base to produce the
		  doctor's order sheet or medication administration record, consultation and
		  related services by provider pharmacists to long-term care facilities free of
		  charge or obviously below cost.
16.
		  Falsifying contracts or agreements for legend drug purchases or violation of
		  such contracts.
17. Providing
		  invalid or insufficient checks in payment for licenses or renewals.
18. Receiving a score of 70 or below on two
		  consecutive Board of Pharmacy inspections. The inspection is Based on the Board
		  of Pharmacy inspection form which is available on request.
19. Dishonorable conduct shall include,
		  without limitation, conduct involving moral turpitude, fraud, dishonesty, or
		  otherwise demonstrating lack of good moral character, whether or not said
		  conduct involves the practice of pharmacy. 10/09/80 (Revised 4/07/89, 6/07/90,
		  4/10/92, and 10/13/95)