North Carolina Administrative Code
Title 10A - HEALTH AND HUMAN SERVICES
Chapter 26 - MENTAL HEALTH, GENERAL
Subchapter E - MANUFACTURERS: DISTRIBUTORS: DISPENSERS AND RESEARCHERS OF CONTROLLED SUBSTANCES
Section .0600 - CONTROLLED SUBSTANCES REPORTING SYSTEM
Section 26E .0605 - PENALTIES
Universal Citation: 10A NC Admin Code 26E .0605
Current through Register Vol. 39, No. 6, September 16, 2024
(a) DHHS shall consider the following factors in determining the amount of each civil penalty assessed against a person who violates Chapter 90, Article 5E:
(1) whether the violation involved an
improper attempt to obtain or release information from the CSRS;
(2) whether the person succeeded in
improperly obtaining or releasing information from the CSRS;
(3) whether the person committed the
violation intentionally, knowingly, or negligently;
(4) the frequency of the violations the
person has committed; and
(5) the
number of violations the person has committed.
(b) DHHS shall consider these additional factors in determining the amount of civil penalty assessed against a pharmacy that employs dispensers who fail to report information in accordance with G.S. 90-113.73(e):
(1) whether it is a first, second, third, or
subsequent violation within a calendar year;
(2) whether it is a continuing
violation;
(3) whether the pharmacy
has acted in good faith in attempting to report the required
information.
Authority
G.S.
90-113.73;
90-113.75;
Eff.
November 1, 2022.
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