49 Pa. Code § 27.12a - Pharmacy technician and pharmacy technician trainee grounds for discipline or denial of registration
(a) The
Board may refuse, revoke or suspend the registration of a pharmacy technician
or pharmacy technician trainee upon proof satisfactory to it that the pharmacy
technician or pharmacy technician trainee has done any of the following:
(1) Procured a personal registration through
fraud, misrepresentation or deceit.
(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.
(3)
Is unfit to practice as a pharmacy technician or pharmacy technician trainee
because of intemperance in the use of alcoholic beverages, controlled
substances or any other substance which impairs the intellect and judgment to
such an extent as to impair the performance of professional duties.
(4) Is unfit or unable to practice as a
pharmacy technician or pharmacy technician trainee by reason of a physical or
mental disease or disability. In enforcing this paragraph, the Board shall,
upon probable cause, have authority to compel a pharmacy technician or pharmacy
technician trainee to submit to a mental or physical examination by physicians
or psychologists approved by the Board. Failure of a pharmacy technician or
pharmacy technician trainee to submit to an examination when directed by the
Board, unless the failure is due to circumstances beyond his control, shall
constitute an admission of the allegations against the pharmacy technician or
pharmacy technician trainee, consequent upon which a default and final order
may be entered without the taking of testimony or presentation of evidence. A
pharmacy technician or pharmacy technician trainee affected under this
paragraph shall at reasonable intervals be afforded an opportunity to
demonstrate that he can resume a competent practice as a pharmacy technician or
pharmacy technician trainee with reasonable skill and safety to
patients.
(5) Has had a
registration or other authorization to practice as a pharmacy technician or
pharmacy technician trainee suspended, revoked or refused, or received other
disciplinary action by the proper licensing authority of another state,
territory or country.
(6) Has
violated or knowingly permitted the violation of any provision of the act or
this chapter.
(7) Has compounded,
dispensed, sold or caused the compounding, dispensing or sale of a drug or
device which contains more or less than the proportionate quantity of
ingredient or ingredients specified by the person who prescribed the drug or
device or which is of a brand or trade name other than that specified by the
person prescribing the brand or trade name product or that contains an
ingredient or ingredients of a brand or trade name other than that specified by
the person prescribing the drug or device, unless the consent of the prescriber
is first obtained to each specific prescription. This paragraph shall not be
construed to prevent the addition of inert ingredients as may be required in
the art of compounding, preparing, mixing or otherwise producing drugs or
devices.
(8) Is guilty of grossly
unprofessional conduct. The following acts on the part of a pharmacy technician
or pharmacy technician trainee constitute grossly unprofessional conduct of a
pharmacy technician or pharmacy technician trainee:
(i) Willfully deceiving or attempting to
deceive the Board or its agents with respect to any material matter under
investigation by the Board.
(ii)
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 Controlled Substance, Drug, Device and Cosmetic Act (35 P.S.
§§ 780-101-780-144).
(iii) Engaging in the sale or purchase of
drugs or devices whose package bears the inscription "sample" or "not for
resale."
(iv) Failing to have their
biennial license or wallet card available for inspection by an authorized agent
of the Board when one is practicing.
(v) The acceptance back and redistribution of
any unused drug, or a part thereof, after it has left the premises of a
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 these
returns, and a full refund shall be given to the original purchaser, including
a third-party payor.
(9)
Has acted in a manner that presents an immediate and clear danger to the public
health or safety.
(10) Is guilty of
incompetence, gross negligence or other malpractice or the departure from, or
failure to conform to, the standards of acceptable and prevailing pharmacy
practice or the practice of a pharmacy technician or pharmacy technician
trainee, in which case actual injury need not be
established.
Notes
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No prior version found.