Current through Register Vol. 30, No. 38, September 20, 2024
A. Rebates
prohibited. A pharmacist or pharmacy permittee shall not offer, deliver,
receive, or accept any unearned rebate, refund, commission, preference,
patronage dividend, discount, or other unearned consideration, whether in the
form of money or otherwise, as compensation or inducement to refer a patient,
client, or customer to any person, except for a rebate or premium paid
completely and directly to a patient. A pharmacist or pharmacy permittee shall
not:
1. Make payment to a medical
practitioner in money or other consideration for a prescription order
prescribed by the medical practitioner; or
2. Make payment to a long-term care or
assisted living facility or other health care institution in money, discount,
rental, or other consideration in an amount above the prevailing rate for:
a. Prescription medication or devices
dispensed or sold for a patient or resident of the facility or institution;
or
b. Drug selection or drug
utilization review services, drug therapy management services, or other
pharmacy consultation services provided for a patient or resident of the
facility or institution.
B. Prescription order-blank advertising
prohibited. A pharmacist or pharmacy permittee shall not:
1. Directly or indirectly furnish to a
medical practitioner a prescription order-blank that refers to a specific
pharmacist or pharmacy in any manner; or
2. Actively or passively participate in any
arrangement or agreement where a prescription order-blank is prepared, written,
or issued in a manner that refers to a specific pharmacist or
pharmacy.
C. Fraudulent
claim for service. A pharmacist or pharmacy permittee shall not claim the
performance of a service that the pharmacist or pharmacy permittee knows or
should know was not performed, such as, claiming to dispense a prescription
medication that is not dispensed.
D. Fraudulent claim for a fee. A pharmacist
or pharmacy permittee:
1. Shall not claim a
fee for a service that is not performed or earned;
2. May divide a prescription order into two
or more portions of prescription medication at the request of a patient, or for
some other ethical reason, and charge a dispensing fee for the additional
service; and
3. Shall not divide a
prescription order merely to obtain an additional fee.
E. Prohibiting a prescription-only drug or
device from being dispensed over the counter. A pharmacist shall ensure that:
1. A prescription-only drug or device is
dispensed only after receipt of a valid prescription order from a licensed
medical practitioner;
2. The
dispensed prescription-only drug or device is properly prepared, packaged, and
labeled according to this Chapter; and
3. The prescription order is filed according
to this Chapter.
F.
Drugs dispensed in the course of the conduct of a business of dispensing drugs
through diagnosis by mail or the internet.
1.
A pharmacist shall not dispense a drug from a prescription order if the
pharmacist has knowledge, or reasonably should know under the circumstances,
that the prescription order was issued on the basis of an internet-based
questionnaire or an internet-based consultation without a medical
practitioner-patient relationship as defined in
R4-23-110.
2. A pharmacist who dispenses a
prescription-only drug, prescription-only device, or controlled substance in
violation of this Section is engaging in unethical conduct in violation of
A.R.S. §
32-1901.01.
