Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Prohibited conduct.
Unprofessional conduct shall include, but is not limited to,
the following acts of a pharmacist or pharmacy:
A. The assertion or inference in a public
manner of material claims of professional superiority in the practice of
pharmacy that cannot be substantiated.
B. The publication or circulation of false,
misleading, or otherwise deceptive statements concerning the practice of
pharmacy.
C. Refusing to compound
or dispense prescription drug orders that may reasonably be expected to be
compounded or dispensed in pharmacies by pharmacists, except as provided for in
Minnesota Statutes, sections
145.414
and
145.42.
D. Participation in agreements or
arrangements, with any person, corporation, partnership, association, firm, or
others involving rebates, "kickbacks," fee-splitting, or special charges in
exchange for professional pharmaceutical services, including but not limited to
the giving, selling, donating, or otherwise furnishing or transferring, or the
offer to give, sell, donate, or otherwise furnish or transfer money, goods, or
services free or below cost to any licensed health care facility or the owner,
operator, or administrator of a licensed health care facility as compensation
or inducement for placement of business with that pharmacy or pharmacist.
Monetary rebates or discounts which are returned to the actual purchaser of
drugs as a cost justified discount or to meet competition are permitted if the
rebates or discounts conform with other existing state and federal rules and
regulations.
E. Discriminating in
any manner between patients or groups of patients, for reasons of race, color,
creed, religion, disability, national origin, marital status, sexual
orientation, sex, or age.
F.
Refusing to consult with patrons or patients, attempting to circumvent the
consulting requirements, or discouraging the patient from receiving
consultation concerning contents, therapeutic values, uses, and prices of
legend or nonlegend drugs, chemicals, or poisons.
G. Requiring an individual patient to be a
member of any organization, association, or other group as a condition for
obtaining the professional services of a pharmacist.
H. The violation of any law, rule,
regulation, or ordinance of the state or any of its political subdivisions,
including the Board of Pharmacy, or the United States government, or any agency
thereof relating to the practice of pharmacy.
I. Divulging or revealing to others the
nature of professional pharmaceutical services rendered to a patient without
the patient's expressed consent orally or in writing or by order or direction
of a court (this shall not prevent pharmacies from providing information copies
of prescriptions to other pharmacies or to the person to whom the prescription
was issued and shall not prevent pharmacists from providing drug therapy
information to physicians for their patients).
J. Participation in institutional drug
distribution as a consultant without providing pharmaceutical services in
accordance with accepted principles of pharmacy practice and in compliance with
federal and state laws or rules.
K.
Engaging in any pharmacy practice which constitutes a danger to the health,
welfare, or safety of a patient or the public, including but not limited to,
practicing in a manner which substantially departs from the standard of care
ordinarily exercised by a pharmacist and which harms or could harm a
patient.
Subp. 2.
Improper advertising.
Legend drug price information may be provided to the public
only by a pharmacy, so long as it is not violative of any federal or state laws
applicable to the advertisement of such articles generally and if all of the
following conditions are met:
A. No
representation or suggestion concerning the drug's safety, effectiveness,
indications for use, or competitive comparison shall be made.
B. No reference shall be made to controlled
substances listed in schedule II-IV of the latest revision of the Federal
Controlled Substances Act, and the rules of the Minnesota Board of
Pharmacy.
C. The termination date
for the prices listed shall be stated in the ad.
Subp. 3.
Accessories to illegal drug
traffic.
The selling, giving away, or otherwise disposing of
accessories (i.e., glassine papers, empty capsules, quinine, lactose, or
similar products), chemicals, or drugs found in illegal drug traffic is
unprofessional conduct by a pharmacist when the pharmacist knows or should have
known of their intended use in illegal activities.
Subp. 4.
Drug diversion.
It is unprofessional conduct for a pharmacist to sell,
purchase, or trade, or offer to sell, purchase, or trade, any drug that was
purchased by a public or private hospital or other health care entity or that
was donated or supplied at a reduced price to a charitable organization. This
subpart does not apply to:
A. a sale,
purchase, or trade of a drug or an offer to sell, purchase, or trade a drug
among hospitals or other health care entities that are under common
control;
B. a sale, purchase, or
trade of a drug or an offer to sell, purchase, or trade a drug for emergency
medical reasons;
C. a sale,
purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or
the dispensing of a drug pursuant to a prescription; or
D. the sale, purchase, or trade of a drug or
the offer to sell, purchase, or trade a drug between members of a group
purchasing organization as described in Minnesota Statutes, section
151.44, paragraph
(a), clause (2).
For purposes of this subpart, "entity" does not include a
wholesale distributor of drugs or a retail pharmacy licensed by the board, and
"emergency medical reasons" includes transfers of a drug between health care
entities or from a health care entity to a retail pharmacy undertaken to
alleviate temporary shortages of the drug arising from delays in or
interruptions of regular distribution schedules.
