Alaska Administrative Code › Title 12 - Professional Regulations › Part 1 - Boards and Commissions Subject to Centralized Licensing › Chapter 52 - Board of Pharmacy › Article 10 - Disciplinary Guidelines › 12 AAC 52.920 - Disciplinary guidelines

Current through May 31, 2024
(a) In addition to
				  acts specified in AS 08.80 or elsewhere in this chapter, each of the following
				  constitutes engaging in unprofessional conduct and is a basis for the
				  imposition of disciplinary sanctions under
				  AS
				  08.01.075:
(1) knowingly dispensing a drug under a
				  forged, altered, or fraudulent prescription drug order;
(2) dispensing drugs to an individual or
				  individuals in quantities, dosages, or for periods of time that grossly exceed
				  standards of practice, approved labeling of the federal Food and Drug
				  Administration, or the guidelines published in professional literature; this
				  paragraph does not apply to prescriptions dispensed to persons with intractable
				  pain or to a narcotic drug dependent person in accordance with the requirements
				  of 21 C.F.R.
				  1306.07, as amended as of February 6,
				  1997;
(3) delivering or offering to
				  deliver a prescription drug in violation of AS 08.80 or this chapter;
(4) acquiring, possessing, or attempting to
				  possess prescription drugs in violation of AS 08.80, AS 11.71, or this
				  chapter;
(5) distributing
				  prescription drugs to a practitioner or a pharmacy not in the course of
				  professional practice or in violation of AS 08.80 or this chapter;
(6) refusing or failing to keep, maintain, or
				  furnish any record, notification, or information required in AS 08.80 or this
				  chapter;
(7) refusing entry into a
				  pharmacy for an inspection authorized by AS 08.80 or this chapter;
(8) making a false or fraudulent claim to a
				  third party for reimbursement for pharmacy services;
(9) operating a pharmacy in an unsanitary
				  manner;
(10) making a false or
				  fraudulent claim concerning a drug;
(11) refilling a prescription drug order for
				  a period of time in excess of one year from the date of issue of that
				  prescription drug order;
(12)
				  violating the provisions of a board order or memorandum of agreement;
(13) failing to provide information or
				  providing false or fraudulent information on an application, notification, or
				  other document required in AS 08.80 or this chapter;
(14) for the following licensees, failing to
				  establish or maintain effective controls against the diversion or loss of
				  prescription drugs or prescription drug records, or failing to ensure that
				  prescription drugs are dispensed in compliance with state and federal laws and
				  regulations:
(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;
(15) acts or omissions within the practice of
				  pharmacy that fail to meet the standard of care;
(16) knowingly delegating a function, task,
				  or responsibility that is part of the practice of pharmacy to a person who is
				  not licensed to perform that function, task, or responsibility when the
				  delegation is contrary to AS 08.80 or this chapter or the delegation involves a
				  substantial harm or risk to a patient;
(17) failing to exercise adequate supervision
				  over a person who is authorized to practice only under the supervision of a
				  pharmacist;
(18) violating
				  AS
				  08.80.315 dealing with the confidentiality of
				  records;
(19) discriminating on the
				  basis of race, religious creed, color, national origin, ancestry, or sex in the
				  provision of a service that is part of the practice of pharmacy;
(20) offering, giving, soliciting, or
				  receiving compensation for referral of a patient; or
(21) violating
				  AS
				  08.80.261(a)(3).
(22) violating
				  AS
				  17.30.200 or a regulation adopted under
				  AS
				  08.80.030 or
				  AS
				  17.30.200 dealing with the PDMP.