Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
392 - MAINE BOARD OF PHARMACY
Part 5 - LICENSE DENIAL AND PROFESSIONAL DISCIPLINE
Chapter 30 - UNPROFESSIONAL CONDUCT
Section 392-5-30-1 - Examples of Unprofessional Conduct

1. Making or entering into an agreement or arrangement with a practitioner, rural health center, boarding home, nursing home or long term care facility under which a part of the selling price to the patient is returned as a rebate to the practitioner or long-term care facility.

2. Making or entering into an agreement or arrangement with a practitioner, rural health center, boarding home, nursing home or long term care facility for the payment or acceptance of compensation in any form for either party using or recommending the services of the other.

3. Making or entering into an agreement or arrangement which in any way tends to limit the free choice of the public in the selection of a pharmacist or a pharmacy.

4. Providing a practitioner with a facsimile machine, other electronic device or any other gratuity that may induce the practitioner to direct a patient to the pharmacist or pharmacy or in any way restrict the patient's freedom of choice.

5. Accepting employment as a pharmacist or sharing or receiving compensation in any form arising out of, or incidental to, the pharmacist's professional activities from any practitioners that have a proprietary or beneficial interest sufficient to permit them to exercise supervision or control over the pharmacist in the pharmacist's performance of professional responsibilities and duties.

6. Billing or charging for quantities greater than delivered, or for a brand when a generic is dispensed.

7. Submitting false billings or reports to a third party payor of prescription drugs.

8. Making or filing a report or record which a pharmacist or pharmacy knows to be false; failing to file a report or record required by state or federal law or rule; willfully impeding or obstructing the filing of a report described in this subsection or inducing another person to do so. Such reports or records include only those which the pharmacist or pharmacy is required to make or file in the capacity of pharmacist or pharmacy.

9. Failing to timely submit documentation of continuing professional education pursuant to Chapter 13 of the rules of the Office of Professional and Occupational Regulation entitled "Uniform Rule for the Substantiation of Continuing Education Requirements."

10. Failing to display or carry proof of licensure or registration while practicing as a pharmacist or pharmacy technician.

11. Except as permitted by Chapter 22 of the board's rules, soliciting, accepting or dispensing prescriptions for drugs at any location other than the pharmacy at which the prescriptions are filled or compounded, provided, however, that this section shall not be construed to prohibit the collection of a prescription from or the delivery of the filled prescription to the residence, office or place of employment of the person for whom the prescription is issued.

12. Violating, conspiring to violate or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, any provision of the Maine Pharmacy Act , the rules of the board, or the federal or state laws and rules specified in Chapter 29 of the board's rules.

13. Failing to establish and maintain effective controls against diversion of prescription drugs into other than legitimate medical, scientific, or industrial channels.

14. Being unable to practice pharmacy or perform the duties of a pharmacy intern or pharmacy technician with reasonable skill and safety by reason of illness, use of drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition. A licensee affected under this subsection shall at reasonable intervals be afforded an opportunity to demonstrate that the licensee can resume the competent practice of pharmacy or competent performance of licensed duties with reasonable skill and safety to patients.

15. Failing to establish and maintain effective controls to prevent prescription errors or misfills.

16. Failing to address or attempt to resolve a possible prescription error or situation of potential harm to a patient which was apparent or should have been apparent to the pharmacist, whether or not actual injury to the patient or other person resulted.

17. Theft (including but not limited to, prescription drugs) while licensed to practice pharmacy.

18. Failing to properly preserve, refrigerate, secure or store all drugs in the pharmacy or pharmacy department.

19. Dispensing or distributing expired or outdated drugs or knowingly distributing substandard drugs or devices or counterfeit drugs or devices to any person or entity that is not licensed or legally authorized to receive such drugs or devices.

20. Purchasing, acquiring or procuring drug samples for the purpose of compounding, dispensing, or in any way reselling the samples.

21. Disclosing health care information in violation of 22 M.R.S.A. §1711-C, entitled "Confidentiality of Health Care Information."

[NOTE: This statute may be viewed on the state's web site at the following URL-

http://www.mainelegislature.org/legis/statutes/22/title22sec1711-c.html

This URL is subject to change.]

22. Failing to develop and implement policies, standards and procedures to protect the confidentiality, security and integrity of health care information to ensure that information is not negligently, inappropriately or unlawfully disclosed.

23. Publicly asserting or suggesting material claims of professional superiority in the practice of pharmacy that cannot be substantiated or which convey by implication that the services of similarly qualified pharmacists are unethical or inferior.

24. Refusing to compound or dispense prescriptions that may ordinarily and reasonably be expected to be compounded or dispensed in a pharmacy by a pharmacist.

25. Participating as a consultant in institutional drug distribution without providing pharmaceutical services. .

26. Failure of a pharmacy to notify the board via letter, fax or email within 7 days of the termination of employment of a pharmacist for any of the following reasons, which must be included in the notice:

27. Discriminating in the practice of pharmacy on the basis of age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, socioeconomic status, or other basis proscribed by law.

28. Sexual harassment as defined in Chapter 3 of the rules of the Maine Human Rights Commission, entitled "Employment Regulations of the Maine Human Rights Commission," Section 3.06(I), (April 14, 2008). A copy of the rule may be obtained from-

Maine Human Rights Commission