Oklahoma Administrative Code › Title 535 - Oklahoma State Board of Pharmacy › Chapter 10 - Pharmacists; and Interns, Preceptors and Training Areas › Subchapter 3 - Pharmacists › Section 535:10-3-1.2 - Violations of professional conduct

Current through Vol. 41, No. 20, July 1, 2024
Violations of the rules of professional conduct, which may
				  also be called unprofessional conduct, include, but are not limited to, the
				  following:
(1) The act of violating
				directly, indirectly, through actions of another, assisting in Oklahoma or
				abetting the violation of, or conspiring to violate, any provision or term of
				the Pharmacy Act, 59 O.S. Section 353 et seq., the Federal Food, Drug, and
				Cosmetic Act, as amended by the Drug Quality and Security Act of 2013, the
				Prescription Drug Marketing Act (21 U.S.C., Sec.
				331 et seq.), the Robinson-Patman Act
				(15 U.S.C., Sec.
				13 et seq.), and/or federal, state and local
				laws and rules governing pharmacists or pharmacies.
(2) Failure to establish and maintain
				effective controls against the diversion of prescription drugs into other than
				legitimate medical, scientific, or industrial channels as provided by federal,
				state or local laws or rules.
(3)
				Failure to have and follow a written drug diversion detection and prevention
				policy and procedure.
(4) Making
				or filing a report or record which a pharmacist or pharmacy knows or should
				have known to be false, intentionally or negligently failing to file a report
				or record required by federal, state or local laws or rules, willfully impeding
				or obstructing such filing, or inducing another person to violate this rule.
				Such reports or records include only those which the pharmacist and/or pharmacy
				are required to make or file in his capacity as a licensed pharmacist or
				pharmacy.
(5) Practicing pharmacy
				without reasonable skill and safety by reason of illness, use and/or abuse of
				drugs, narcotics, chemicals, or any other type of material, or as a result of
				any mental or physical condition.
(6) Abuse of alcohol or habit-forming drugs,
				or use of an illegal CDS drug, or a positive drug screen for such illegal
				substance or its metabolite.
(7)
				Knowingly dispensing a prescription drug after the death of a patient.
(8) Knowingly billing or charging
				for quantities greater than delivered, or for a brand when a generic or a
				compounded product is dispensed.
(9) Submitting fraudulent billing or reports
				to a third party payor of prescription drugs.
(10) Refusing to answer reasonable questions
				or provide information about prescriptions dispensed by the pharmacy when
				requested by, or for, the patient and which would aid the patient's health in
				the professional judgement of the pharmacist.
(11) Not attempting to resolve a possible
				prescription error; or situation of potential harm to the patient when apparent
				or should have been apparent to the pharmacist.
(12) Not attempting to address the possible
				addiction or dependency of a patient to a drug dispensed by the pharmacist, if
				there is reason to believe that the patient may be dependent or addicted.
(13) The assertion or inference in
				a public manner of material claims of professional superiority in the practice
				of pharmacy that cannot be substantiated.
(14) The publication or circulation of false,
				misleading, or otherwise deceptive statements concerning the practice of
				pharmacy.
(15) Discriminating in
				any manner between patients or groups of patients for reasons of a particular
				disease, religion, race, creed, color, sex, age or national origin.
(16) Violating patient confidentiality. This
				does not prevent pharmacies from providing drug therapy information to
				prescribers for their patients, nor does it prevent the provision of
				information as required by law.
(17) Theft while practicing pharmacy.
(18) Knowingly dispensing
				prescription drug refills after the death of a prescriber. (A limited quantity
				may be allowed for the patient's health and safety.)
(19) Failure to establish and maintain
				effective controls to prevent prescription errors.
(20) The prescription error that departs from
				the standards of care ordinarily exercised by a pharmacist with proof of actual
				injury not having to be established.
(21) Providing fictitious information, fraud
				or misrepresentation in applying for or procuring a license, preceptor
				certificate or permit, or in connection with applying for or procuring periodic
				re-registration or renewal of the same.
(22) Attempting to cheat or subverting the
				pharmacist licensure examination, law examination, preceptor examination or any
				other examination required by the Board.
(23) Allowing a non-pharmacist to perform any
				of the duties reserved to a pharmacist.
(24) Violation of any voluntary or Board
				ordered rehabilitation program for the impaired contract, e.g. OPHP contract.
(25) Failure of pharmacist or
				pharmacy manager (pharmacist in charge) to fulfill the responsibilities as set
				out in 535:15.
(26) Dispensing
				outdated prescription drugs.
(27)
				Failure to cooperate in Board investigations.
(28) Failure by the pharmacist to adequately
				supervise a pharmacy technician or a pharmacy intern; or working or scheduling
				an intern when there is no supervising pharmacist preceptor present; or working
				or scheduling a technician when there is no pharmacist supervising.
(29) Auto refilling a prescription without
				the authorization of the patient or the patient's agent.
Added at 17 Ok Reg 2618,
				  eff 7-1-00; Amended at 19 Ok Reg 1793, eff 7-1-02; Amended at 20 Ok Reg 2473,
				  eff 7-11-03; Amended at 21 Ok Reg 2450, eff 7-1-04; Amended at 25 Ok Reg 1974,
				  eff 7-1-08; Amended at 27 Ok Reg 2246, eff
				  7-11-10