Pennsylvania Statutes Title 63 P.S. Professions and Occupations (State Licensed) § 390-5. Refusal to grant, revocation and suspension

(a) The board shall have the power to refuse, revoke or suspend the license of any pharmacist upon proof satisfactory to it that the pharmacist:

(1) Procured a personal license 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 pharmacy 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 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.

(5) Has had a license to practice pharmacy issued by any other properly constituted licensing authority of any other state suspended or revoked;

(6) Has violated or knowingly permitted the violation of any provision of this act or regulation of the board;

(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;

(9) Is guilty of grossly unprofessional conduct.  The following acts on the part of a pharmacist are hereby declared to constitute grossly unprofessional conduct of a pharmacist:

(i) Willfully deceiving or attempting to deceive the State Board of Pharmacy or its agents with respect to any material matter under investigation by the board;

(ii) Advertising of prices for drugs and pharmaceutical services to the public which does not conform to Federal laws or regulations;

(iii) The public assertion or implication of professional superiority in the practice of pharmacy;

(iv) The engaging by any means in untrue, false, misleading or deceptive advertising of drugs or devices;

(v) Paying rebates to physicians or any other persons, or the entering into any agreement with a medical practitioner or any other person for the payment or acceptance of compensation in any form for the recommending of the professional services of either party;

(vi) The entering into of any agreement with a licensed medical practitioner for the compounding or dispensing of secret formula (coded), prescriptions;

(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”;

(viii) Engaging in the sale or purchase of drugs or devices whose package bears the inscription “sample” or “not for resale”;

(ix) Displaying or permitting the display of his certificate of licensure and biennial registration document in a pharmacy of which he is not the proprietor or in which he is not employed;

(x) Any holder of a biennial pocket registration card who fails to have the card available for inspection by an authorized agent when he is practicing;

(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.

(10) Has had a license to practice pharmacy suspended, revoked or refused, or received other disciplinary action by the proper pharmacist licensing authority of another state, territory or country.

(11) Has acted in such a manner as to present an immediate and clear danger to the public health or safety.

(12) 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, in which case actual injury need not be established.

(b) The board shall have the power to refuse, revoke or suspend the permit of any pharmacy upon proof satisfactory to it that:

(1) The permit was procured through fraud, misrepresentation or deceit;

(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;

(3) The holder thereof sold, dispensed or caused or allowed to be sold or dispensed any controlled substance or non-proprietary drug, except by a licensed pharmacist;

(4) The holder thereof, after issuance of a permit, fails to continue to comply with all requirements of section 4  3 hereof;

(5) Upon the suspension or revocation of a license of a pharmacist employed by said individual, it is shown that the illegal acts of the pharmacist were within the knowledge or should have been within the knowledge of the permit holder, partner or officer;

(6) A pharmacist or pharmacy permit holder entered into an agreement 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 in any way a patient's freedom of choice to select a pharmacy.

(7) The pharmacy's license, permit or registration to conduct a pharmacy or a nonresident pharmacy issued by the proper licensing authority of another state has been revoked or suspended or the pharmacy was otherwise disciplined.

(c) When the board finds that the license of any pharmacist may be refused, revoked or suspended under the terms of subsection (a), the board may:

(1) Deny the application for a license.

(2) Administer a public reprimand.

(3) Revoke, suspend, limit or otherwise restrict a license as determined by the board.

(4) Require a licensee to submit to the care, counseling or treatment of a physician or a psychologist designated by the board.

(5) Suspend enforcement of its finding thereof and place a licensee on probation with the right to vacate the probationary order for noncompliance.

(6) Restore or reissue, in its discretion, a suspended license to practice pharmacy and impose any disciplinary or corrective measure which it might originally have imposed.

(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.

1 35 P.S. § 960.1 et seq.
2 35 P.S. § 780-101 et seq.
3 63 P.S. § 390-4.

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