Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 392 - MAINE BOARD OF PHARMACY › Part 5 - LICENSE DENIAL AND PROFESSIONAL DISCIPLINE › Chapter 30 - UNPROFESSIONAL CONDUCT › Section 392-5-30-1 - Examples of Unprofessional Conduct

Current through 2024-29, July 17, 2024
Unprofessional conduct includes, but is not limited to,
					 the following:
1. Making or entering
				  into an agreement or arrangement with a practitioner, rural health center,
				  boarding home, nursing home or long term care facility under which a part of
				  the selling price to the patient is returned as a rebate to the practitioner or
				  long-term care facility.
2. Making
				  or entering into an agreement or arrangement with a practitioner, rural health
				  center, boarding home, nursing home or long term care facility for the payment
				  or acceptance of compensation in any form for either party using or
				  recommending the services of the other.
3. Making or entering into an agreement or
				  arrangement which in any way tends to limit the free choice of the public in
				  the selection of a pharmacist or a pharmacy.
4. Providing a practitioner with a facsimile
				  machine, other electronic device or any other gratuity that may induce the
				  practitioner to direct a patient to the pharmacist or pharmacy or in any way
				  restrict the patient's freedom of choice.
5. Accepting employment as a pharmacist or
				  sharing or receiving compensation in any form arising out of, or incidental to,
				  the pharmacist's professional activities from any practitioners that have a
				  proprietary or beneficial interest sufficient to permit them to exercise
				  supervision or control over the pharmacist in the pharmacist's performance of
				  professional responsibilities and duties.
6. Billing or charging for quantities greater
				  than delivered, or for a brand when a generic is dispensed.
7. Submitting false billings or reports to a
				  third party payor of prescription drugs.
8. Making or filing a report or record which
				  a pharmacist or pharmacy knows to be false; failing to file a report or record
				  required by state or federal law or rule; willfully impeding or obstructing the
				  filing of a report described in this subsection or inducing another person to
				  do so. Such reports or records include only those which the pharmacist or
				  pharmacy is required to make or file in the capacity of pharmacist or
				  pharmacy.
9. Failing to timely
				  submit documentation of continuing professional education pursuant to Chapter
				  13 of the rules of the Office of Professional and Occupational Regulation
				  entitled "Uniform Rule for the Substantiation of Continuing Education
				  Requirements."
10. Failing to
				  display or carry proof of licensure or registration while practicing as a
				  pharmacist or pharmacy technician.
11. Except as permitted by Chapter 22 of the
				  board's rules, soliciting, accepting or dispensing prescriptions for drugs at
				  any location other than the pharmacy at which the prescriptions are filled or
				  compounded, provided, however, that this section shall not be construed to
				  prohibit the collection of a prescription from or the delivery of the filled
				  prescription to the residence, office or place of employment of the person for
				  whom the prescription is issued.
12. Violating, conspiring to violate or
				  attempting to violate, directly or indirectly, or assisting in or abetting the
				  violation of, any provision of the Maine Pharmacy Act , the rules of the board,
				  or the federal or state laws and rules specified in Chapter 29 of the board's
				  rules.
13. Failing to establish and
				  maintain effective controls against diversion of prescription drugs into other
				  than legitimate medical, scientific, or industrial channels.
14. Being unable to practice pharmacy or
				  perform the duties of a pharmacy intern or pharmacy technician with reasonable
				  skill and safety by reason of illness, use of drugs, narcotics, chemicals, or
				  any other type of material, or as a result of any mental or physical condition.
				  A licensee affected under this subsection shall at reasonable intervals be
				  afforded an opportunity to demonstrate that the licensee can resume the
				  competent practice of pharmacy or competent performance of licensed duties with
				  reasonable skill and safety to patients.
15. Failing to establish and maintain
				  effective controls to prevent prescription errors or misfills.
16. Failing to address or attempt to resolve
				  a possible prescription error or situation of potential harm to a patient which
				  was apparent or should have been apparent to the pharmacist, whether or not
				  actual injury to the patient or other person resulted.
17. Theft (including but not limited to,
				  prescription drugs) while licensed to practice pharmacy.
18. Failing to properly preserve,
				  refrigerate, secure or store all drugs in the pharmacy or pharmacy
				  department.
19. Dispensing or
				  distributing expired or outdated drugs or knowingly distributing substandard
				  drugs or devices or counterfeit drugs or devices to any person or entity that
				  is not licensed or legally authorized to receive such drugs or
				  devices.
20. Purchasing, acquiring
				  or procuring drug samples for the purpose of compounding, dispensing, or in any
				  way reselling the samples.
21.
				  Disclosing health care information in violation of
				  22 M.R.S.A.
				  §1711-C, entitled "Confidentiality of
				  Health Care Information."
[NOTE: This statute may be viewed on the state's web site
					 at the following URL-
http://www.mainelegislature.org/legis/statutes/22/title22sec1711-c.html
This URL is subject to change.]
22. Failing to develop and implement
				  policies, standards and procedures to protect the confidentiality, security and
				  integrity of health care information to ensure that information is not
				  negligently, inappropriately or unlawfully disclosed.
23. Publicly asserting or suggesting material
				  claims of professional superiority in the practice of pharmacy that cannot be
				  substantiated or which convey by implication that the services of similarly
				  qualified pharmacists are unethical or inferior.
24. Refusing to compound or dispense
				  prescriptions that may ordinarily and reasonably be expected to be compounded
				  or dispensed in a pharmacy by a pharmacist.
25. Participating as a consultant in
				  institutional drug distribution without providing pharmaceutical services.
				  .
26. Failure of a pharmacy to
				  notify the board via letter, fax or email within 7 days of the termination of
				  employment of a pharmacist for any of the following reasons, which must be
				  included in the notice:
A. Any drug-related
				  reason, including but not limited to adulteration, abuse, theft or
				  diversion;
B. Theft of non-drug
				  merchandise; or
C. Theft of cash or
				  credit/debit card data.