North Dakota Administrative Code › Title 61 - Pharmacy, Board of › Article 61-04 - Professional Practice › Chapter 61-04-04 - Unprofessional Conduct › Section 61-04-04-01 - Definition of unprofessional conduct

Current through Supplement No. 393, July, 2024
The definition of "unprofessional conduct" for purposes of
				  subdivision i of subsection 1 of North Dakota Century Code section 43-15-10 for
				  disciplinary purposes includes, but is not limited to, the following:
1. The violating or attempting to violate,
				directly, indirectly, through actions of another, or assisting in or abetting
				the violation of, or conspiring to violate, any provision or term of North
				Dakota Century Code chapter 43-15, the Prescription Drug Marketing Act, the
				Robinson-Patman Act, or of the applicable federal and state laws and rules
				governing pharmacies or pharmacists.
2. Failure to establish and maintain
				effective controls against diversion of prescription drugs into other than
				legitimate medical, scientific, or industrial channels as provided by state or
				federal laws or rules.
3. Making or
				filing a report or record which a pharmacist or pharmacy knows to be false,
				intentionally or negligently failing to file a report or record required by
				federal or state law, or rules, willfully impeding or obstructing such filing,
				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 as
				a licensed pharmacist or pharmacy.
4. Being unable to practice pharmacy 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 pharmacist affected under this subsection shall at
				reasonable intervals be afforded an opportunity to demonstrate that the
				pharmacist can resume the competent practice of pharmacy with reasonable skill
				and safety to the pharmacist's customers.
5. Knowingly dispensed a prescription drug
				after the death of a patient.
6.
				Using a facsimile machine to circumvent documentation, authenticity,
				verification, or other standards of pharmacy practice.
7. Billing or charging for quantities greater
				than delivered, or for a brand when a generic is dispensed.
8. Submits fraudulent billing or reports to a
				third-party payor of prescription charges.
9. Refuses to provide information or answer
				questions when requested to do so by the patient, which affect the patient's
				use of medications prescribed and dispensed by the pharmacy.
10. Does not address or attempt to resolve
				and document a possible prescription error or situation of potential harm to
				the patient when apparent or should have been apparent to the
				pharmacist.
11. Does not attempt to
				affect the possible addiction or dependency of a patient to a drug dispensed by
				the pharmacist, if there is reason to believe that patient may be so dependent
				or addicted.
12. The assertion or
				inference in a public manner of material claims of professional superiority in
				the practice of pharmacy that cannot be substantiated.
13. The publication or circulation of false,
				misleading, or otherwise deceptive statements concerning the practice of
				pharmacy.
14. Refusing to compound
				and dispense prescriptions that may reasonably be expected to be compounded or
				dispensed in pharmacies by a pharmacist.
15. Participation in agreements or
				arrangements with any person, corporation, partnership, association, firm, or
				others involving rebates, kickbacks, fee-splitting, or special charges in
				exchange for professional pharmaceutical services, including, but not limited
				to, the giving, selling, donating, or otherwise furnishing or transferring, or
				the offer to give, sell, donate, or otherwise furnish or transfer money, goods,
				or services free or below cost to any licensed health care facility or the
				owner, operator, or administrator of a licensed health care facility as
				compensation or inducement for placement of business with that pharmacy or
				pharmacist. Monetary rebates or discounts which are returned to the actual
				purchaser of drugs as a cost-justified discount or to meet competition are
				permitted if the rebates of discounts conform with other existing state and
				federal rules and regulations.
16.
				Discriminating in any manner between patients or groups of patients for reasons
				of religion, race, creed, color, sex, age, or national origin.
17. Disclosing to others the nature of
				professional pharmaceutical services rendered to a patient without the
				patient's authorization or by order or direction of a court or as otherwise
				permitted by law. This does not prevent pharmacies from providing information
				copies of prescriptions to other pharmacies or to the person to whom the
				prescription was issued and does not prevent pharmacists from providing drug
				therapy information to physicians for their patients.
18. Improper advertising. Prescription drug
				price information may be provided to the public by a pharmacy, if all the
				following conditions are met: No representation or suggestion concerning the
				drug's safety, effectiveness, or indications for use, is made. No reference is
				made to controlled substances listed in schedules II-V of the latest revision
				of the Federal Controlled Substances Act, North Dakota Uniform Controlled
				Substances Act, and the rules of the state board of pharmacy.
19. Failure to report to the prescription
				drug monitoring program as required by North Dakota Century Code chapter
				19-03.5.
20. Failure to comply with
				the reporting requirement of North Dakota Century Code section 43-15-42.3,
				including:
a. Actions that affect the
				licensee's or registrant's practice privileges in a facility.
b. Actions that result in the loss of the
				licensee's or registrant's employment or membership in a professional
				organization due to alleged incompetence, negligence, unethical or
				unprofessional conduct, or physical, mental, or chemical impairment.
c. Actions based on a professional liability
				claim against the licensee or registrant, such as an adverse judgment or
				settlement, a refusal to issue or renew coverage, or a cancellation of
				coverage.
d. Actions resulting in
				the loss of the licensee's or registrant's authorization to practice by any
				state or jurisdiction.
e.
				Conviction of the licensee or registrant of any misdemeanor or felony in this
				or any other state, territory, or jurisdiction.