49 Pa. Code § 43b.7 - Schedule of civil penalties-pharmacists and pharmacies

STATE BOARD OF PHARMACY

Violation under 35 P. S.	Title/Description	Civil Penalty
Section 637.6(a)(1)	Failure of a pharmacy permit holder to post a sign as required under section 4 of the Clean Indoor Air Act (35 P. S. § 637.4)	1st offense-$250 2nd offense (within 1 year of 1st offense)-$500 3rd offense (within 1 year of 2nd offense)-$1,000 Subsequent offenses (within 1 year of previous offense)-$1,000
Section 637.6(a)(2)	Pharmacy permit holder permitting smoking in the pharmacy in violation of the Clean Indoor Air Act (35 P. S. §§ 637.1-637.11)	1st offense-$250 2nd offense (within 1 year of 1st offense)-$500 3rd offense (within 1 year of 2nd offense)-$1,000 Subsequent offenses (within 1 year of previous offense-$1,000
Section 637.6(a)(3)	Licensee of the Board smoking in a pharmacy in violation of the Clean Indoor Air Act	1st offense-$250 2nd offense (within 1 year of 1st offense)-$500 3rd offense (within 1 year of 2nd offense)-$1,000 Subsequent offenses (within 1 year of previous offense)-$1,000

Violation under 49 Pa. Code Chapter 27	Title/Description	Civil Penalty
Section 27.11	Pharmacy Permit-
(a) Lack of permit showing accurate and current information as to name and address of pharmacy and name of pharmacist manager	$100
(b) Display, advertise or use a name other than registered name	1st offense-$100 2nd offense-$100
(g) Failure to notify Board of change in pharmacist manager or operation of pharmacy without pharmacist manager.	1st offense-$50 per month or part of month; Formal action if no compliance within 60 days after receiving citation 2nd offense-same as 1st offense
Section 27.14	Supplies-
(b) Expired drugs	1st offense-Under 1 year old-$250 1st offense-Over 1 year old-$500 2nd offense-$1,000
(c) Failure to maintain equipment and miscellaneous supplies	$100 each
Section 27.15	Sanitary standards
(a) Pharmacy not in good repair or not in clean and orderly condition.	$250
(b) Violation of health and sanitation statutes of the Commonwealth and of the municipality and county where pharmacy is located.	$250
(c) Waste disposal violations	$250
(d) Prescription area not dry, well ventilated and well lighted; not free from rodents or insects	$250
(e) Plumbing not functional	$250
(f) Unauthorized items in prescription area	$250
Section 27.16	Construction requirements-
(b)(4) Lack of telephone	$250
(5) Lack of required sanitary facilities	$250
(7) Television set in prescription area not intended for pharmacy instructional use	$500
(8) Drugs accessible to unauthorized persons; animals unrelated to pharmacy security in prescription area	$250
Section 27.18	Standards of practice-
(a) Unsuitable containers	$100
(b) Lack of required information on prescriptions	$100
(d) Lack of required information on container labels	$100
Section 27.31	Biennial renewal-(c) practicing on a lapsed license or permit	0-4 months-$50 per month; over 4 months-8 months-$100 per month; over 9 months-12 months-$200 per month; over 1 year-formal action

Violation under 28 Pa. Code Chapter 25	Title/Description	Civil Penalty
Section 25.55(d)	Improper generic substitution
Five to nine	$250
10 or more	$500
Section 25.55(e)	Failure to refill prescription with the identical product without authorization from prescriber and patient	$100
Section 25.56(a)	Improper filing of Schedule II prescriptions	$100
Section 25.56(b)	Improper filing of Schedule III, IV, V prescriptions	$100
Section 25.63(b)	Inadequate security for controlled substances	$250
Section 25.92	Lack of lot numbers required on stock items	$100
Section 25.94	Lack of expiration date on label of dispensed drugs of less than 1 year's potency.	$100

Notes

49 Pa. Code § 43b.7

The provisions of this § 43b.7 amended March 2, 2001, effective 3/3/2001, 31 Pa.B. 1227; amended December 21, 2012, effective 12/22/2012, 42 Pa.B. 7673.