Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 281 - ADMINISTRATIVE PRACTICE AND PROCEDURES › Subchapter C - DISCIPLINARY GUIDELINES › Section 281.65 - Schedule of Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
The board has determined that the assessment of an
					 administrative penalty promotes the intent of §551.002 of the Act. In
					 disciplinary matters, the board may assess an administrative penalty in
					 addition to any other disciplinary action in the circumstances and amounts as
					 follows:
(1) The following violations
				  by a pharmacist may be appropriate for disposition with an administrative
				  penalty with or without additional sanctions or restrictions:
(A) failing to provide patient counseling:
				  $1,000;
(B) failing to conduct a
				  drug regimen review or inappropriate drug regimen reviews provided by §
											291.33(c)(2)(A)
				  of this title (relating to Operational Standards): $1,000;
(C) failing to clarify a prescription with
				  the prescriber: $1,000;
(D) failing
				  to properly supervise or improperly delegating a duty to a pharmacy technician:
				  $1,000;
(E) failing to identify the
				  dispensing pharmacist on required pharmacy records: $500;
(F) failing to maintain records of
				  prescriptions: $500;
(G) failing to
				  respond or failing to provide all requested records within the time specified
				  in a board audit of continuing education records: $100 per hour of continuing
				  education credit not provided;
(H)
				  failing to provide or providing false or fraudulent information on any
				  application, notification, or other document required under this Act, the
				  Dangerous Drug Act, or Controlled Substances Act, or rules adopted pursuant to
				  those Acts: $1,000;
(I) dispensing
				  a prescription drug pursuant to a forged, altered, or fraudulent prescription:
				  up to $5,000;
(J) dispensing
				  unauthorized prescriptions: up to $5,000;
(K) 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: up to $5,000;
(L) violating a disciplinary order of the
				  Board or a contract under the program to aid impaired pharmacists or pharmacy
				  students under Chapter 564 of the Act: $500;
(M) failing to report or to assure the report
				  of a malpractice claim: $1,000;
(N)
				  practicing pharmacy with a delinquent license: $500;
(O) operating a pharmacy with a delinquent
				  license: $1,000;
(P) allowing an
				  individual to perform the duties of a pharmacy technician without a valid
				  registration: $1,000;
(Q) aiding
				  and abetting the unlicensed practice of pharmacy, if the pharmacist knew or
				  reasonably should have known that the person was unlicensed at the time:
				  $2,500;
(R) unauthorized
				  substitutions: $1,000;
(S)
				  submitting false or fraudulent claims to third parties for reimbursement of
				  pharmacy services: $1,000;
(T)
				  selling, purchasing, or trading, or offering to sell, purchase, or trade of
				  misbranded prescription drugs or prescription drugs beyond the manufacturer's
				  expiration date: $1,000;
(U)
				  selling, purchasing, or trading, or offering to sell, purchase, or trade of
				  prescription drug samples as provided by §
											281.7(a)(26)
				  of this title (relating to Grounds for Discipline for a Pharmacist License):
				  $1,000;
(V) failing to keep,
				  maintain or furnish an annual inventory as required by §
											291.17 of
				  this title (relating to Inventory Requirements): $1,000;
(W) failing to obtain training on the
				  preparation of sterile pharmaceutical compounding: $1,000;
(X) failing to maintain the confidentiality
				  of prescription records: $1,000;
(Y) failing to inform the board of any
				  notification or information required to be reported by the Act or rules:
				  $500;
(Z) failing to operate a
				  pharmacy as provided by §
											291.11 of
				  this title (relating to Operation of a Pharmacy): $1,000;
(AA) accessing information submitted to the
				  Prescription Monitoring Program in violation of §481.076 of the Controlled
				  Substances Act: $1,000 - $2,500; and
(BB) failing to access the Prescription
				  Monitoring Program for a patient's information before dispensing opioids,
				  benzodiazepines, barbiturates, or carisoprodol: $500.