Md. Code Regs. 10.34.11.04-1

Current through Register Vol. 51, No. 12, June 14, 2024
Section 10.34.11.04-1 - Guidelines for Imposition of Disciplinary Sanctions or Monetary Penalties on Pharmacy Interns
A. Subject to the provisions of this chapter, the Board may impose the following sanctions and, if appropriate, penalties for violations of the Act and its regulations according to the minimum and maximum sanctions and penalties set forth in the following categories:

Violation

Minimum Sanction

Maximum Sanction

Minimum Penalty

Maximum Penalty

(1)

False application or registration

Probation for 1 year

Denial of registration application or revocation

$50

$2,500

(2)

Performing an act restricted to a licensed pharmacist

Reprimand

Revocation

$50

$2,500

(3)

Practicing pharmacy without appropriate supervision

Probation for 1 year

Revocation

$50

$2,500

(4)

Aiding an unauthorized individual to practice pharmacy

Reprimand

Revocation

$50

$2,500

(5)

Providing professional services while under the influence of alcohol or drugs

Probation for 6 months

Revocation

$250

$2,500

(6)

Knowingly aids a pharmacist in dispensing any drug, device, or diagnostic for which a prescription is required without a prescription

Reprimand

Revocation

$100

$2,500

(7)

Convicted of, or pled guilty to, a felony or crime of moral turpitude

Probation for 1 year

Revocation

$500

$2,500

(8)

Reciprocal discipline

Reprimand

Revocation

$250

$2,500

(9)

Physical or mental incompetence

Probation for 1 year

Revocation

NA

NA

(10)

Confidentiality violation

Probation for 1 year

Revocation

$500

$2,500

(11)

Diversion

Active

suspension for 1 year

Revocation

$1,000

$2,500

(12)

Professional incompetence

Reprimand

Revocation

$100

$2,500

(13)

Sexual misconduct

Active

suspension for 1 year

Revocation

$1,000

$2,500

(14)

Failure to cooperate in an investigation of the Board or the Division of Drug Control

Reprimand

Revocation

$50

$2,500

(15)

Failure to comply with an order of the Board

Probation for 1 year

Revocation

$50

$2,500

(16)

Other violation of the Act not specifically enumerated in this chapter

Reprimand

Revocation

$50

$2,500

B. If a registrant is found in violation of more than one category enumerated in this regulation, the category or categories containing the highest maximum sanction and penalty shall control.
C. A departure from the guidelines set forth in this regulation, on its own, is not grounds for any hearing or appeal of a Board action.

Md. Code Regs. 10.34.11.04-1

Regulation .04-1 adopted effective January 28, 2008 (35:2 Md. R. 127)
Regulations .04-1 adopted effective December 24, 2012 (39:25 Md. R. 1613)
Regulations .04-1 adopted effective 42:7 Md. R. 569, eff.7/1/2015