§ 390-5. Refusal to grant, revocation and suspension
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: December 7, 2015
Effective: December 7, 2015
63 P.S. § 390-5
§ 390-5. Refusal to grant, revocation and suspension
(2) Has been found guilty, pleaded guilty, entered a plea of nolo contendere, or has received probation without verdict, disposition in lieu of trial or an Accelerated Rehabilitative Disposition in the disposition of felony charges, to any offense in connection with the practice of pharmacy or any offense involving moral turpitude before any court of record of any jurisdiction;
(4) Is unfit or unable to practice pharmacy by reason of a physical or mental disease or disability. In enforcing this clause, the board shall, upon probable cause, have authority to compel a pharmacist to submit to a mental or physical examination by physicians or psychologists approved by the board. Failure of a pharmacist to submit to such examination when directed by the board, unless such failure is due to circumstances beyond his or her control, shall constitute an admission of the allegations against him or her, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. A pharmacist affected under this clause shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume a competent practice of pharmacy with reasonable skill and safety to patients.
(7) Has knowingly allowed any unlicensed person to take charge of a pharmacy or engage in the compounding, distribution or dispensing of prescriptions or controlled substances, except pharmacy interns or such other authorized personnel, who, consistent with proper pharmaceutical practices and with board regulations, may assist the pharmacist in the pharmacy under the direct and immediate personal supervision of a licensed pharmacist;
(8) Has compounded, dispensed, sold or caused the compounding, dispensing or sale of any drug or device which contains more or less than the proportionate quantity of ingredient or ingredients specified by the person who prescribed such drug or device or which is of a brand or trade name other than that specified by the person prescribing such brand or trade name product or which contains an ingredient or ingredients of a brand or trade name other than that specified by the person prescribing such drug or device, unless the consent of the prescriber is first obtained to each such specific prescription: Provided, however, That nothing herein shall be construed to prevent the addition of such inert ingredients as may be required in the art of compounding, preparing, mixing or otherwise producing drugs or devices. This restrictive clause shall not apply to proper substituting of generically equivalent drugs as stipulated under the act of November 24, 1976 (P.L. 1163, No. 259), referred to as the Generic Equivalent Drug Law,1 nor to reductions in quantities which are dispensed in accordance with limits imposed by virtue of the consumer's membership in a third-party plan;
(vii) The misbranding or adulteration of any drug or device and the sale, distribution or dispensing of any misbranded or adulterated drug or device as defined in the act of April 14, 1972 (P.L. 233, No. 64),2 known as “The Controlled Substance, Drug, Device and Cosmetic Act”;
(xi) The acceptance back and redistribution of any unused drug, or a part thereof, after it has left the premises of any pharmacy, whether issued by mistake or otherwise, unless it is in the original sealed container with the name, lot number and expiration date on the original intact manufacturer's label. The pharmacy shall maintain records of all such returns, and a full refund shall be given to the original purchaser, including a third-party payor;
(xii) Accepting employment as a pharmacist, or share or receive compensation in any form arising out of, or incidental to, his professional activities from any medical practitioner or any other person or corporation in which one or more medical practitioners have a proprietary or beneficial interest sufficient to permit them to exercise supervision or control over the pharmacist in his professional responsibilities and duties, except that a pharmacist may be employed by a physician for the purpose of the management of drug therapy and receive appropriate compensation for such employment, but not engage in retail dispensing while in health care practice within the context of such employment;
(xiii) Accepting employment as a pharmacist, or share or receive compensation in any form arising out of, or incidental to, his professional activities from any person who orders said pharmacist, directly or indirectly, to engage in any aspect of the practice of pharmacy in contravention of any provision of this act, except that a pharmacist may be employed by a physician for the purpose of the management of drug therapy and receive appropriate compensation for such employment, but not engage in retail dispensing while in the health care practice within the context of such employment;
(xiv) Entering into an arrangement with a medical practitioner who is licensed to issue prescriptions for the purpose of directing or diverting patients to or from a specified pharmacy or restraining a patient's freedom of choice to select a pharmacy, except that this shall not be construed to prohibit a pharmacist from entering into a written agreement or written collaborative agreement with a licensed physician which authorizes the management of drug therapy.
(2) The holder or partner or officer thereof has violated any of the provisions of this act or regulations of the board applicable to him or any provision of “The Controlled Substance, Drug, Device and Cosmetic Act” or the Federal act, or has ordered a pharmacist in his employ to engage in any aspect of the practice of pharmacy in contravention of any provisions of the aforesaid acts or regulations thereunder;
(4) The holder thereof, after issuance of a permit, fails to continue to comply with all requirements of section 43 hereof;
(d) Any person whose license, certificate or registration has been suspended or revoked because of a felony conviction under the act of April 14, 1972 (P.L. 233, No. 64), known as “The Controlled Substance, Drug, Device and Cosmetic Act,” or similar law of another jurisdiction, may apply for reinstatement after a period of at least ten years has elapsed from the date of conviction. The board may reinstate the license if the board is satisfied that the person has made significant progress in personal rehabilitation since the conviction such that his reinstatement should not be expected to create a substantial risk of harm to the health and safety of his patients or the public or a substantial risk of further criminal violations and if the person meets all other licensing qualifications of this act.
Credits
1961, Sept. 27, P.L. 1700, § 5. Amended 1985, Dec. 20, P.L. 433, No. 111, § 4, effective Jan. 1, 1986; 2010, June 1, P.L. 201, No. 29, § 2, effective in 60 days [Aug. 2, 2010]; 2015, Oct. 7, P.L. 178, No. 43, § 4, effective in 60 days [Dec. 7, 2015].
63 P.S. § 390-5, PA ST 63 P.S. § 390-5
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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