Arkansas Administrative Code
Agency 070 - Board of Pharmacy
Rule 070.00.95-004 - Reg. 31 - Defining Unprofessional Conduct
Universal Citation: AR Admin Rules 070.00.95-004
Current through Register Vol. 49, No. 2, February 2024
31. Defining Unprofessional or Dishonorable Conduct:
A. Preamble: In defining
"unprofessional conduct," the definitions of professional conduct and a
pharmacist's duty should be determined.
Professional conduct may be defined as complying with all the laws and regulations that apply to a given professional activity.
A pharmacist's duty means the practicing pharmacist has a general duty to qualify himself by attaining and maintaining an acceptable level of professional competence and by using such skill and precaution in the preparation, compounding, dispensing, labeling and distribution of drugs and medical devices whether on prescription or not, so as to prevent injury or death to all who are exposed to his professional services; and if the pharmacist is an owner, operator, or director of a pharmacy, he has an additional duty to employ only qualified persons and such other duties as are incidental to the operation of a mercantile business establishment.
B. Definition: Unprofessional or
dishonorable conduct by a pharmacist shall mean, among other things, but not
limited to:
1. Violation of any provision of
the pharmacy act.
2. Violation of
the Board of Pharmacy Regulations.
3. Violation of the Drug and Cosmetic
act.
4. Violation of the Controlled
Substances Act.
5. Failure of a
pharmacist to conduct himself professionally in conformity with all applicable
federal, state, and municipal laws and regulations in his relationship with the
public, other health care professions, and fellow pharmacists.
6. Failure to keep his pharmacy and/or area
of professional practice clean, orderly, maintained and secured for the proper
performance of his professional duties.
7. Acquiring prescription stock from
unlicensed sources or buying or selling legend drugs in violation of local,
state, or federal law.
8. Personal
participation in the sale of alcoholic beverages while "on duty" as a
pharmacist. (Exempts pharmacies selling alcoholic beverages before
6/85.)
9. Failure to hold to the
strictest confidences all knowledge concerning patrons, their prescriptions,
and other confidence entrusted or acquired by him; divulging in the interest of
the patron, only by proper release forms, or where required for proper
compliance with legal authority.
10. Participation in a plan or agreement
which compromises the quality or extent of professional services, or facilities
at the expense of the public health and welfare.
11. Participation in any plan, agreement, or
arrangement which eliminates or detrimentally affects the traditional
relationship of physician, patient, pharmacist, and the patient's freedom of
choice of professional services.
12. The distribution, promotion, or
advertising of premiums, rebates, coupons, amounts off, etc., on prescription
drugs unless the offer is given to all patients purchasing prescriptions in the
same time period. *Senior Citizen discounts shall not be considered a violation
of this section.
13. The
solicitation of prescription business by providing prescribers with
prescription blanks with the name of any licensed pharmacy or pharmacy printed
thereon.
14. Violation of
Regulations and Procedures governing payment to pharmacies for pharmaceutical
services for eligible Public Assistance recipients and/or other third party
payment programs.
15. The provision
of medication carts, printing and maintenance of the data base to produce the
doctor's order sheet or medication administration record, consultation and
related services by provider pharmacists to long-term care facilities free of
charge or obviously below cost.
16.
Falsifying contracts or agreements for legend drug purchases or violation of
such contracts.
17. Providing
invalid or insufficient checks in payment for licenses or renewals.
18. Receiving a score of 70 or below on two
consecutive Board of Pharmacy inspections. The inspection is Based on the Board
of Pharmacy inspection form which is available on request.
19. Dishonorable conduct shall include,
without limitation, conduct involving moral turpitude, fraud, dishonesty, or
otherwise demonstrating lack of good moral character, whether or not said
conduct involves the practice of pharmacy. 10/09/80 (Revised 4/07/89, 6/07/90,
4/10/92, and 10/13/95)
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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