Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.7 - Schedule of civil penalties-pharmacists and pharmacies

Current through Register Vol. 54, No. 28, July 13, 2024
STATE BOARD OF PHARMACY
Violation under 35 P.
								  S.
Title/Description
Civil Penalty
Section 637.6(a)(1)
Failure of a pharmacy permit holder to post a
								  sign as required under section 4 of the Clean Indoor Air Act (35 P. S. §
																637.4)
1st offense-$250
2nd offense (within 1 year of 1st
								  offense)-$500
3rd offense (within 1 year of 2nd
								  offense)-$1,000
Subsequent offenses (within 1 year of previous
								  offense)-$1,000
Section 637.6(a)(2)
Pharmacy permit holder permitting smoking in the
								  pharmacy in violation of the Clean Indoor Air Act (35 P. S. §§
																637.1-637.11)
1st offense-$250
2nd offense (within 1 year of 1st
								  offense)-$500
3rd offense (within 1 year of 2nd
								  offense)-$1,000
Subsequent offenses (within 1 year of previous
								  offense-$1,000
Section 637.6(a)(3)
Licensee of the Board smoking in a pharmacy in
								  violation of the Clean Indoor Air Act
1st offense-$250
2nd offense (within 1 year of 1st
								  offense)-$500
3rd offense (within 1 year of 2nd
								  offense)-$1,000
Subsequent offenses (within 1 year of previous
								  offense)-$1,000
Violation under 49 Pa. Code Chapter
								  27
Title/Description
Civil Penalty
Section 27.11
Pharmacy Permit-
(a) Lack of permit showing accurate and current
								  information as to name and address of pharmacy and name of pharmacist manager
$100
(b) Display, advertise or use a name other than
								  registered name
1st offense-$100
2nd offense-$100
(g) Failure to notify Board of change in
								  pharmacist manager or operation of pharmacy without pharmacist
								  manager.
1st offense-$50 per month or part of
								  month;
Formal action if no compliance within 60 days
								  after receiving citation
2nd offense-same as 1st offense
Section 27.14
Supplies-
(b) Expired drugs
1st offense-Under 1 year old-$250
1st offense-Over 1 year old-$500
2nd offense-$1,000
(c) Failure to maintain equipment and
								  miscellaneous supplies
$100 each
Section 27.15
Sanitary standards
(a) Pharmacy not in good repair or not in clean
								  and orderly condition.
$250
(b) Violation of health and sanitation statutes
								  of the Commonwealth and of the municipality and county where pharmacy is
								  located.
$250
(c) Waste disposal violations
$250
(d) Prescription area not dry, well ventilated
								  and well lighted; not free from rodents or insects
$250
(e) Plumbing not functional
$250
(f) Unauthorized items in prescription area
$250
Section 27.16
Construction requirements-
(b)(4) Lack of telephone
$250
(5) Lack of required sanitary
								  facilities
$250
(7) Television set in prescription area not
								  intended for pharmacy instructional use
$500
(8) Drugs accessible to unauthorized persons;
								  animals unrelated to pharmacy security in prescription area
$250
Section 27.18
Standards of practice-
(a) Unsuitable containers
$100
(b) Lack of required information on prescriptions
$100
(d) Lack of required information on container
								  labels
$100
Section 27.31
Biennial renewal-(c) practicing on a lapsed
								  license or permit
0-4 months-$50 per month;
over 4 months-8
months-$100 per month;
over 9 months-12
months-$200 per month;
over 1 year-formal action
Violation under 28 Pa. Code Chapter
								  25
Title/Description
Civil Penalty
Section 25.55(d)
Improper generic substitution
Five to nine
$250
10 or more
$500
Section 25.55(e)
Failure to refill prescription with the identical
								  product without authorization from prescriber and patient
$100
Section 25.56(a)
Improper filing of Schedule II prescriptions
$100
Section 25.56(b)
Improper filing of Schedule III, IV, V
								  prescriptions
$100
Section 25.63(b)
Inadequate security for controlled substances
$250
Section 25.92
Lack of lot numbers required on stock items
$100
Section 25.94
Lack of expiration date on label of dispensed
								  drugs of less than 1 year's potency.
$100