Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.11 - Disciplinary Sanctions, Monetary Penalties, and Civil Fines › Section 10.34.11.04 - Guidelines for Imposition of Disciplinary Sanctions or Monetary Penalties on Pharmacists

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject
				  to the provisions of this chapter, the Board may impose the following sanctions
				  and, if appropriate, penalties for violations of the Act and its regulations
				  according to the minimum and maximum sanctions and penalties set forth in the
				  following categories:
Violation
Minimum Sanction
Maximum Sanction
Minimum Penalty
Maximum Penalty
(1)
Fraudulently or deceptively obtaining or attempting to
							 obtain a license
Probation for 1 year
Denial of license application or revocation
(2)
Fraudulently or deceptively using a license
Suspension for 30 days
Revocation
(3)
Aiding an unauthorized individual to practice
							 pharmacy
Reprimand
Revocation
(4)
Failure to appropriately supervise a pharmacy intern or
							 pharmacy technician
Reprimand
Probation for 3 years
$250
$5,000
(5)
Delegating a pharmacy act to an unauthorized
							 individual
Reprimand
Revocation
(6)
Providing professional services while under the
							 influence of alcohol or drugs
Probation for 6 months
Revocation
(7)
Submitting a false statement to collect a fee
Reprimand
Revocation
(8)
Record keeping violation
Probation for 1 year
Active suspension for 5 years
(9)
Adulteration or misbranding
Probation for 1 year
Revocation
(10)
Providing or causing to provide any prescription form
							 that bears the name, address, or other means of identification of a pharmacist
							 or pharmacy to any authorized prescriber
Reprimand
Probation for 5 years
(11)
Providing remuneration to an authorized prescriber for
							 referring an individual to a pharmacist or pharmacy for a product or
							 service
Probation for 1 year
Active suspension for 5 years
(12)
Knowingly associating as a partner, co-owner, or
							 employee of a pharmacy that is owned wholly or substantially by an authorized
							 prescriber or group of authorized prescribers
Probation for 2 years
Active suspension for 5 years
(13)
Dispensing any drug, device, or diagnostic for which a
							 prescription is required without a prescription
Reprimand
Revocation
(14)
Convicted of, or pled guilty to, a felony or crime of
							 moral turpitude
Probation for 2 years
Revocation
(15)
Reciprocal discipline
Reprimand
Revocation
(16)
Failure to cooperate in an investigation of the Board
							 or its agent
Probation for 1 year
Revocation
(17)
Physical or mental incompetence
Probation for 2 years
Revocation
(18)
Confidentiality violation
Reprimand
Revocation
(19)
Diversion
Active suspension for 1 year
Revocation
(20)
Standard of care violation
Reprimand
Revocation
(21)
Sexual misconduct
Active suspension for 1 year
Revocation
(22)
Failure to comply with an order of the Board
Probation for 1 year
Revocation
(23)
Other violation of the Act not specifically enumerated
							 in this chapter
Reprimand
Revocation
B.
				  If a licensee is found in violation of more than one category enumerated in
				  this regulation, the category or categories containing the highest maximum
				  sanction and penalty shall control.
C. A departure from the guidelines set forth
				  in this regulation, on its own, is not grounds for any hearing or appeal of a
				  Board action.
D. The Board may not
				  consider a petition for reinstatement of a license that has been revoked until
				  at least 5 years have passed from the date of revocation.