22 Tex. Admin. Code § 281.65 - Schedule of Administrative Penalties
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.
(2) The following violations by a pharmacy
may be appropriate for disposition with an administrative penalty with or
without additional sanctions or restrictions:
(A) failing to provide patient counseling:
$1,500;
(B) failing to conduct a
drug regimen review or inappropriate drug regimen reviews provided by §
291.33(c)(2)(A)
of this title: $1,500;
(C) failing
to clarify a prescription with the prescriber: $1,500;
(D) failing to properly supervise or
improperly delegating a duty to a pharmacy technician: $1,500;
(E) failing to identify the dispensing
pharmacist on required pharmacy records: $500;
(F) failing to maintain records of
prescriptions: $500;
(G) 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;
(H) following an
accountability audit, shortages of prescription drugs: dependent on the
quantity involved with a minimum of $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: $1,000;
(M) failing to
report or to assure the report of a malpractice claim: $1,500;
(N) allowing a pharmacist to practice
pharmacy with a delinquent license: $1,000;
(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: $3,000;
(Q) failing
to comply with the reporting requirements to the Prescription Monitoring
Program: $1,000;
(R) aiding and
abetting the unlicensed practice of pharmacy, if an employee of the pharmacy
knew or reasonably should have known that the person engaging in the practice
of pharmacy was unlicensed at the time: $5,000;
(S) unauthorized substitutions:
$1,000;
(T) submitting false or
fraudulent claims to third parties for reimbursement of pharmacy services:
$1,000;
(U) possessing or engaging
in the sale, purchase, or trade or the offer to sell, purchase, or trade of
misbranded prescription drugs or prescription drugs beyond the manufacturer's
expiration date: $1,000;
(V)
possessing or engaging in the sale, purchase, or trade or the offer to sell,
purchase, or trade of prescription drug samples as provided by §
281.8(b)(2) of
this title (relating to Grounds for Discipline for a Pharmacy License):
$1,000;
(W) failing to keep,
maintain or furnish an annual inventory as required by §
291.17 of this title:
$2,500;
(X) failing to obtain
training on the preparation of sterile pharmaceutical compounding:
$2,000;
(Y) failing to maintain the
confidentiality of prescription records: $1,000;
(Z) failing to inform the board of any
notification or information required to be reported by the Act or rules:
$1,000;
(AA) failing to operate a
pharmacy as specified in §
291.11 of this title: $3,000;
and
(BB) operating a Class E or
Class E-S pharmacy without a Texas licensed pharmacist-in-charge:
$1,000.
(3) The
following violations by a pharmacy technician may be appropriate for
disposition with an administrative penalty with or without additional sanctions
or restrictions:
(A) failing to respond or
failing to provide all requested records within the time specified in a board
audit of continuing education records: $30 per hour of continuing education
credit not provided;
(B) 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:
$500;
(C) violating a disciplinary
Order of the Board: $250;
(D)
performing the duties of a pharmacy technician without a valid registration:
$250;
(E) failing to obtain
training on the preparation of sterile pharmaceutical compounding:
$500;
(F) failing to maintain the
confidentiality of prescription records: $500;
(G) failing to inform the board of any
notification or information required to be reported by the Act or rules: $250;
and
(H) accessing information
submitted to the Prescription Monitoring Program in violation of §481.076
of the Controlled Substances Act: $500 - $2,000.
(4) Any of the violations listed in this
section may be appropriate for disposition by the administrative penalties in
this section in conjunction with any other penalties in §
281.61 of this title (relating to
Definitions of Discipline Authorized).
(5) Each day a violation continues or occurs
is a separate violation for purposes of imposing a penalty or fine.
(6) The amount, to the extent possible, shall
be based on:
(A) the seriousness of the
violation, including the nature, circumstances, extent, and gravity of any
prohibited act, and the hazard or potential hazard created to the health,
safety, or economic welfare of the public;
(B) the aggravating and mitigating factors in
§
281.62 of this title (relating to
Aggravating and Mitigating Factors);
(C) the amount necessary to deter a future
violation; and
(D) any other matter
that justice may require.
Notes
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