Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 110 - BOARD OF PHARMACY › Chapter 21 - REGULATIONS GOVERNING THE LICENSURE OF PHARMACISTS AND REGISTRATION OF PHARMACY TECHNICIANS › Part I - General Provisions › Section 18VAC110-21-40 - Unprofessional conduct

Current through Register Vol. 40, No. 24, July 15, 2024
The following practices shall constitute unprofessional
					 conduct within the meaning of § 54.1-3316 of the Code of Virginia:
1. Failing to comply with provisions of
				  § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and
				  disclosure of patient records or related to providing patient records to
				  another practitioner or to the patient or the patient's personal
				  representative;
2. Willfully or
				  negligently breaching the confidentiality of a patient unless otherwise
				  required or permitted by applicable law;
3. Failing to maintain the confidentiality of
				  information received from the Prescription Monitoring Program, obtaining such
				  information for reasons other than to assist in determining the validity of a
				  prescription to be filled, or misusing information received from the
				  program;
4. Engaging in disruptive
				  or abusive behavior in a pharmacy or other health care setting that interferes
				  with patient care or could reasonably be expected to adversely impact the
				  quality of care rendered to a patient;
5. Engaging or attempting to engage in a
				  relationship with a patient that constitutes a professional boundary violation
				  in which the practitioner uses his professional position to take advantage of
				  the vulnerability of a patient or the patient's family, including sexual
				  misconduct with a patient or a member of the patient's family or other conduct
				  that results or could result in personal gain at the expense of the
				  patient;
6. Failing to maintain
				  adequate safeguards against the diversion of controlled substances;
7. Failing to appropriately respond to a
				  known dispensing error in a manner that protects the health and safety of the
				  patient;
8. Delegating a task
				  within the practice of pharmacy to a person who is not adequately trained to
				  perform such a task;
9. Failing by
				  the pharmacist in charge to ensure that pharmacy interns, pharmacy technicians,
				  and pharmacy technician trainees working in the pharmacy are registered and
				  that such registration is current;
10. Failing to exercise professional judgment
				  in determining whether a prescription meets the requirements of law before
				  dispensing;
11. Obtaining money or
				  property of a patient or client by fraud or misrepresentation;
12. Providing false information or failing to
				  cooperate with an employee of the Department of Health Professions in the
				  conduct on an investigation or inspection;
13. Violating any provision of this chapter,
				  18VAC110-20, or Chapter 33 (§ 54.1-3300 et seq.) or 34 (§ 54.1-3400
				  et seq.) of Title 54.1 of the Code of Virginia;
14. Performing any act likely to deceive,
				  defraud, or harm the public; or
15.
				  Having a restriction of a license to practice pharmacy or a registration as a
				  pharmacy technician in another jurisdiction in the United States.
Statutory Authority: §§ 54.1-2400 and 54.1-3307
						of the Code of Virginia.