Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.174 - BOARD OF PHARMACY › Subchapter 24.174.23 - Unprofessional Conduct › Rule 24.174.2301 - UNPROFESSIONAL CONDUCT

Current through Register Vol. 13, July 5, 2024
(1) The board
				defines "unprofessional conduct" as follows:
(a) engaging in any activity which violates
				state and federal statutes and rules governing the practice of
				pharmacy;
(b) dispensing an
				outdated or questionable product;
(c) dispensing a cheaper product and charging
				for a more expensive product;
(d)
				charging for more dosage units than are actually dispensed;
(e) altering prescriptions or other records
				which the law requires pharmacies and pharmacists to maintain;
(f) dispensing medication without proper
				authorization;
(g) defrauding any
				persons or government agency receiving pharmacy services;
(h) placing a signature on any affidavit
				pertaining to any phase of the practice of pharmacy which the pharmacist knows
				to contain false information;
(i)
				any act performed in the practice of pharmacy which is hostile to the public
				health and which is knowingly committed by the holder of a license;
(j) buying, selling, purchasing or trading
				any prescription drug samples or offering to sell, purchase or trade drug
				samples. A "drug sample," as used herein, is defined to mean a unit of a
				prescription drug which is not intended to be sold and is intended to promote
				the sale of a drug;
(k) conviction,
				including conviction following a plea of nolo contendere, of an offense
				involving moral turpitude, whether misdemeanor or felony, and whether or not an
				appeal is pending;
(l) fraud,
				misrepresentation, deception or concealment of a material fact in applying for
				or securing a license, or license renewal, or in taking an examination required
				for licensure; as used herein, "material" means any false or misleading
				statement or information;
(m) use
				of a false, fraudulent or deceptive statement in any document connected with
				the practice of pharmacy;
(n)
				having been subject to disciplinary action of another state or jurisdiction
				against a license or other authorization to practice pharmacy, based upon acts
				or conduct by the licensee similar to acts or conduct that would constitute
				grounds for disciplinary actions under Title 37, chapter 7, MCA or these rules;
				a certified copy of the record of the action taken by the other state or
				jurisdiction is evidence of unprofessional conduct.
(o) willful disobedience of a rule adopted by
				the board, or an order of the board regarding evaluation or enforcement of
				discipline of a licensee;
(p)
				habitual intemperance or excessive use of an addictive drug, alcohol or any
				other substance to the extent that the use impairs the user physically or
				mentally;
(q) failing to furnish to
				the board or its investigators or representatives information legally requested
				by the board.
(r) failing to
				cooperate with a lawful investigation conducted by the board;
(s) conviction or violation of a federal or
				state law regulating the possession, distribution or use of a controlled
				substance, as defined by the federal food and drug administration or
				successors, whether or not an appeal is pending;
(t) failure to transfer pertinent and
				necessary patient records to another licensed pharmacy, the patient or the
				patient's representative when requested to do so by the patient or the
				patient's legally designated representative;
(u) failure to comply with an agreement the
				licensee has entered into with the impaired pharmacist program; and
(v) failure to follow policies or procedures
				defined in the practice situation to safeguard patient care.