Section 1330.30  Unprofessional/Unethical Conduct

Unprofessional and Unethical conduct shall include, but not be limited to:

a)         Failing to establish and maintain effective controls against diversion of prescription drugs.

b)         Making or filing a report or record that a pharmacist or pharmacy knows to be false or intentionally or negligently failing to file a report or keep records as required by the Act or this Part.

c)         Knowingly dispensing a prescription drug after the death of the person for whom the prescription was written.

d)         Billing or charging for quantities of drugs greater than that which was delivered or charging patients for a brand drug when a generic is dispensed.

e)         Submitting fraudulent billing or reports to a third party payer.

f)         Filling a prescription when a pharmacist knows, or reasonably should know, that no valid physician-patient relationship exists.

g)         Failing to ensure that patient counseling is offered or refusing to respond to requests for patient counseling.

h)         Failing to use appropriate professional judgment when dispensing drugs.

i)          Unreasonably refusing to compound a valid prescription.

j)          Discriminating in any manner against a person or group based upon that person or group's religion, race, creed, color, gender, sexual orientation, age or national origin.

k)         Knowingly selling a prescription drug without a valid prescription. 

l)          Failing to exercise sound professional judgment with respect to the accuracy and authenticity of any prescription drug order dispensed.

m)        Failure of a licensee or registrant to keep himself or herself and his or her apparel clean or to wear identification bearing his or her name and designation.

n)         Directly or indirectly furnishing to a medical practitioner prescription order-blanks that refer to a specific pharmacist or pharmacy in any manner.

o)         Actively or passively participating in any arrangement or agreement in which a prescription order-blank is prepared, written or issued in a manner that refers to a specific pharmacist or pharmacy.

p)         Claiming a fee for a service that is not performed or earned.

q)         Dividing a prescription order unless directed by the prescriber, payer or patient or when the full quantity of that prescription medication is not available at that location.