Md. Code Regs. 10.34.11.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.34.11.04 - Guidelines for Imposition of Disciplinary Sanctions or Monetary Penalties on Pharmacists

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)	Fraudulently or deceptively obtaining or attempting to obtain a license	Probation for 1 year	Denial of license application or revocation
(2)	Fraudulently or deceptively using a license	Suspension for 30 days	Revocation
(3)	Aiding an unauthorized individual to practice pharmacy	Reprimand	Revocation
(4)	Failure to appropriately supervise a pharmacy intern or pharmacy technician	Reprimand	Probation for 3 years	$250	$5,000
(5)	Delegating a pharmacy act to an unauthorized individual	Reprimand	Revocation
(6)	Providing professional services while under the influence of alcohol or drugs	Probation for 6 months	Revocation
(7)	Submitting a false statement to collect a fee	Reprimand	Revocation
(8)	Record keeping violation	Probation for 1 year	Active suspension for 5 years
(9)	Adulteration or misbranding	Probation for 1 year	Revocation
(10)	Providing or causing to provide any prescription form that bears the name, address, or other means of identification of a pharmacist or pharmacy to any authorized prescriber	Reprimand	Probation for 5 years
(11)	Providing remuneration to an authorized prescriber for referring an individual to a pharmacist or pharmacy for a product or service	Probation for 1 year	Active suspension for 5 years
(12)	Knowingly associating as a partner, co-owner, or employee of a pharmacy that is owned wholly or substantially by an authorized prescriber or group of authorized prescribers	Probation for 2 years	Active suspension for 5 years
(13)	Dispensing any drug, device, or diagnostic for which a prescription is required without a prescription	Reprimand	Revocation
(14)	Convicted of, or pled guilty to, a felony or crime of moral turpitude	Probation for 2 years	Revocation
(15)	Reciprocal discipline	Reprimand	Revocation
(16)	Failure to cooperate in an investigation of the Board or its agent	Probation for 1 year	Revocation
(17)	Physical or mental incompetence	Probation for 2 years	Revocation
(18)	Confidentiality violation	Reprimand	Revocation
(19)	Diversion	Active suspension for 1 year	Revocation
(20)	Standard of care violation	Reprimand	Revocation
(21)	Sexual misconduct	Active suspension for 1 year	Revocation
(22)	Failure to comply with an order of the Board	Probation for 1 year	Revocation
(23)	Other violation of the Act not specifically enumerated in this chapter	Reprimand	Revocation

B. If a licensee 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.

D. The Board may not consider a petition for reinstatement of a license that has been revoked until at least 5 years have passed from the date of revocation.

Md. Code Regs. 10.34.11.04

Regulation .04 amended effective January 20, 2003 (30:1 Md. R. 25)
Regulations .04 adopted effective December 24, 2012 (39:25 Md. R. 1613)
Regulations .04 amended effective 42:7 Md. R. 569, eff.7/1/2015