Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter A - GENERAL PROVISIONS › Section 281.7 - Grounds for Discipline for a Pharmacist License

Current through Reg. 49, No. 28; July 12, 2024
(a) For the purposes of the Act, §
				  565.001(a)(2), "unprofessional conduct" is defined as engaging in behavior or
				  committing an act that fails to conform with the standards of the pharmacy
				  profession, including, but not limited to, criminal activity or activity
				  involving moral turpitude, dishonesty, or corruption. This conduct shall
				  include, but not be limited to:
(1)
				  dispensing a prescription drug pursuant to a forged, altered, or fraudulent
				  prescription;
(2) dispensing a
				  prescription drug order pursuant to a prescription from a practitioner as
				  follows:
(A) the dispensing of a prescription
				  drug order not issued for a legitimate medical purpose or in the usual course
				  of professional practice shall include the following:
(i) dispensing controlled substances or
				  dangerous drugs to an individual or individuals in quantities, dosages, or for
				  periods of time which grossly exceed standards of practice, approved labeling
				  of the federal Food and Drug Administration, or the guidelines published in
				  professional literature; or
(ii)
				  dispensing controlled substances or dangerous drugs when the pharmacist knows
				  or reasonably should have known that the controlled substances or dangerous
				  drugs are not necessary or required for the patient's valid medical needs or
				  for a valid therapeutic purpose;
(B) the provisions of subparagraph (A)(i) and
				  (ii) of this paragraph are not applicable for prescriptions dispensed to
				  persons with intractable pain in accordance with the requirements of the
				  Intractable Pain Treatment Act, or to a narcotic drug dependent person in
				  accordance with the requirements of Title 21, Code of Federal Regulations,
				  § 1306.07, and the Regulation of Narcotic Drug Treatment Programs
				  Act;
(3) delivering or
				  offering to deliver a prescription drug or device in violation of this Act, the
				  Controlled Substances Act, the Dangerous Drug Act, or rules promulgated
				  pursuant to these Acts;
(4)
				  acquiring or possessing or attempting to acquire or possess prescription drugs
				  in violation of this Act, the Controlled Substances Act, the Dangerous Drug
				  Act, or rules adopted pursuant to these Acts;
(5) distributing prescription drugs or
				  devices to a practitioner or a pharmacy not in the course of professional
				  practice or in violation of this Act, the Controlled Substances Act, Dangerous
				  Drug Act, or rules adopted pursuant to these Acts;
(6) refusing or failing to keep, maintain or
				  furnish any record, notification or information required by this Act, the
				  Controlled Substances Act, the Dangerous Drug Act, or rules adopted pursuant to
				  these Acts;
(7) refusing an entry
				  into any pharmacy for any inspection authorized by the Act;
(8) making false or fraudulent claims to
				  third parties for reimbursement for pharmacy services;
(9) operating a pharmacy in an unsanitary
				  manner;
(10) making false or
				  fraudulent claims concerning any drug;
(11) persistently and flagrantly overcharging
				  for the dispensing of controlled substances;
(12) dispensing controlled substances or
				  dangerous drugs in a manner not consistent with the public health or
				  welfare;
(13) failing to practice
				  pharmacy in an acceptable manner consistent with the public health and
				  welfare;
(14) refilling a
				  prescription upon which there is authorized "prn" refills or words of similar
				  meaning, for a period of time in excess of one year from the date of issuance
				  of such prescription;
(15) engaging
				  in any act, acting in concert with another, or engaging in any conspiracy
				  resulting in a restraint of trade, coercion, or a monopoly in the practice of
				  pharmacy;
(16) sharing or offering
				  to share with a practitioner compensation received from an individual provided
				  pharmacy services by a pharmacist;
(17) obstructing a board employee in the
				  lawful performance of his or her duties of enforcing the Act;
(18) engaging in conduct that subverts or
				  attempts to subvert any examination or examination process required for a
				  license to practice pharmacy. Conduct that subverts or attempts to subvert the
				  pharmacist licensing examination process includes, but is not limited to:
(A) copying, retaining, repeating, or
				  transmitting in any manner the questions contained in any examination
				  administered by the board or questions contained in a question pool of any
				  examination administered by the board;
(B) copying or attempting to copy another
				  candidate's answers to any questions on any examination required for a license
				  to practice pharmacy;
(C) obtaining
				  or attempting to obtain confidential examination materials compiled by testing
				  services or the board;
(D)
				  impersonating or acting as a proxy for another in any examination required for
				  a license to practice pharmacy;
(E)
				  requesting or allowing another to impersonate or act as a proxy in any
				  examination required for a license to practice pharmacy; or
(F) violating or attempting to violate the
				  security of examination materials or the examination process in any
				  manner;
(19) violating
				  the provisions of an agreed board order or board order;
(20) dispensing a prescription drug while not
				  acting in the usual course of professional pharmacy practice;
(21) failing to provide or providing false or
				  fraudulent information on any application, notification, or other document
				  required under this Act, the Dangerous Drug Act, the Controlled Substances Act,
				  or rules adopted pursuant to those Acts;
(22) using abusive, intimidating, or
				  threatening behavior toward a board member or employee during the performance
				  of such member's or employee's lawful duties;
(23) failing to establish or maintain
				  effective controls against the diversion or loss of controlled substances or
				  dangerous drugs, loss of controlled substance or dangerous drug records, or
				  failing to ensure that controlled substances or dangerous drugs are dispensed
				  in compliance with state and federal laws or rules, by a pharmacist who is:
(A) a pharmacist-in-charge of a
				  pharmacy;
(B) a sole proprietor or
				  individual owner of a pharmacy;
(C)
				  a partner in the ownership of a pharmacy; or
(D) a managing officer of a corporation,
				  association, or joint-stock company owning a pharmacy. A pharmacist, as set out
				  in subparagraphs (B) - (D) of this paragraph, is equally responsible with an
				  individual designated as pharmacist-in-charge of such pharmacy to ensure that
				  employee pharmacists and the pharmacy are in compliance with all state and
				  federal laws or rules relating to controlled substances or dangerous
				  drugs;
(24) failing to
				  correct the issues identified in a warning notice by the specified
				  time;
(25) being the subject of
				  civil fines imposed by a federal or state court as a result of violating the
				  Controlled Substances Act or the Dangerous Drug Act;
(26) selling, purchasing, or trading or
				  offering to sell, purchase, or trade prescription drug samples; provided,
				  however, this paragraph does not apply to:
(A) prescription drugs provided by a
				  manufacturer as starter prescriptions or as replacement for such manufacturer's
				  out-dated drugs;
(B) prescription
				  drugs provided by a manufacturer in replacement for such manufacturer's drugs
				  that were dispensed pursuant to written starter prescriptions; or
(C) prescription drug samples possessed by a
				  pharmacy of a health care entity which provides health care primarily to
				  indigent or low income patients at no or reduced cost and if:
(i) the samples are possessed in compliance
				  with the Prescription Drug Marketing Act of 1987;
(ii) the pharmacy is owned by a charitable
				  organization described in the Internal Revenue Code of 1986, § 501(c)(3),
				  or by a city, state or county government; and
(iii) the samples are for dispensing or
				  provision at no charge to patients of such health care entity;
(27) selling,
				  purchasing, or trading or offering to sell, purchase, or trade prescription
				  drugs:
(A) sold for export use
				  only;
(B) purchased by a public or
				  private hospital or other health care entity; or
(C) donated or supplied at a reduced price to
				  a charitable organization described in the Internal Revenue Code of 1986,
				  §501(c)(3);
(D) provided that
				  subparagraphs (A) - (C) of this paragraph do not apply to:
(i) the purchase or other acquisition by a
				  hospital or other health care entity which is a member of a group purchasing
				  organization or from other hospitals or health care entities which are members
				  of such organization;
(ii) the
				  sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a
				  drug by an organization described in subparagraph (C) of this paragraph to a
				  nonprofit affiliate of the organization to the extent otherwise permitted by
				  law;
(iii) the sale, purchase or
				  trade of a drug or an offer to sell, purchase, or trade a drug among hospitals
				  or other health care entities which are under common control;
(iv) the sale, purchase, or trade of a drug
				  or an offer to sell, purchase, or trade a drug for emergency medical reasons
				  including the transfer of a drug between pharmacies to alleviate temporary
				  shortages of the drug arising from delays in or interruptions of regular
				  distribution schedules; or
(v) the
				  dispensing of a prescription drug pursuant to a valid prescription drug order
				  to the extent otherwise permitted by law;
(28) selling, purchasing, or trading, or
				  offering to sell, purchase, or trade:
(A)
				  misbranded prescription drugs; or
(B) prescription drugs beyond the
				  manufacturer's expiration date;
(29) failing to respond and to provide all
				  requested records within the time specified in an audit of continuing education
				  records under §
											295.8
				  of this title (relating to Continuing Education Requirements); or
(30) allowing an individual whose license to
				  practice pharmacy, either as a pharmacist or a pharmacist-intern, or a pharmacy
				  technician/trainee whose registration has been disciplined by the board,
				  resulting in the license or registration being revoked, canceled, retired,
				  surrendered, denied or suspended, to have access to prescription drugs in a
				  pharmacy.