49 Pa. Code § 43b.7
STATE BOARD OF PHARMACY
Violation under 35 P. S. | Title/Description | Civil Penalty |
Section 637.6(a)(1) | Failure of a pharmacy permit holder to post a sign as required under section 4 of the Clean Indoor Air Act (35 P. S. § 637.4) | 1st offense-$250 2nd offense (within 1 year of 1st offense)-$500 3rd offense (within 1 year of 2nd offense)-$1,000 Subsequent offenses (within 1 year of previous offense)-$1,000 |
Section 637.6(a)(2) | Pharmacy permit holder permitting smoking in the pharmacy in violation of the Clean Indoor Air Act (35 P. S. §§ 637.1-637.11) | 1st offense-$250 2nd offense (within 1 year of 1st offense)-$500 3rd offense (within 1 year of 2nd offense)-$1,000 Subsequent offenses (within 1 year of previous offense-$1,000 |
Section 637.6(a)(3) | Licensee of the Board smoking in a pharmacy in violation of the Clean Indoor Air Act | 1st offense-$250 2nd offense (within 1 year of 1st offense)-$500 3rd offense (within 1 year of 2nd offense)-$1,000 Subsequent offenses (within 1 year of previous offense)-$1,000 |
Violation under 49 Pa. Code Chapter 27 | Title/Description | Civil Penalty |
Section 27.11 | Pharmacy Permit- | |
(a) Lack of permit showing accurate and current information as to name and address of pharmacy and name of pharmacist manager | $100 | |
(b) Display, advertise or use a name other than registered name | 1st offense-$100 2nd offense-$100 | |
(g) Failure to notify Board of change in pharmacist manager or operation of pharmacy without pharmacist manager. | 1st offense-$50 per month or part of month; Formal action if no compliance within 60 days after receiving citation 2nd offense-same as 1st offense | |
Section 27.14 | Supplies- | |
(b) Expired drugs | 1st offense-Under 1 year old-$250 1st offense-Over 1 year old-$500 2nd offense-$1,000 | |
(c) Failure to maintain equipment and miscellaneous supplies | $100 each | |
Section 27.15 | Sanitary standards | |
(a) Pharmacy not in good repair or not in clean and orderly condition. | $250 | |
(b) Violation of health and sanitation statutes of the Commonwealth and of the municipality and county where pharmacy is located. | $250 | |
(c) Waste disposal violations | $250 | |
(d) Prescription area not dry, well ventilated and well lighted; not free from rodents or insects | $250 | |
(e) Plumbing not functional | $250 | |
(f) Unauthorized items in prescription area | $250 | |
Section 27.16 | Construction requirements- | |
(b)(4) Lack of telephone | $250 | |
(5) Lack of required sanitary facilities | $250 | |
(7) Television set in prescription area not intended for pharmacy instructional use | $500 | |
(8) Drugs accessible to unauthorized persons; animals unrelated to pharmacy security in prescription area | $250 | |
Section 27.18 | Standards of practice- | |
(a) Unsuitable containers | $100 | |
(b) Lack of required information on prescriptions | $100 | |
(d) Lack of required information on container labels | $100 | |
Section 27.31 | Biennial renewal-(c) practicing on a lapsed license or permit | 0-4 months-$50 per month; over 4 months-8 months-$100 per month; over 9 months-12 months-$200 per month; over 1 year-formal action |
Violation under 28 Pa. Code Chapter 25 | Title/Description | Civil Penalty |
Section 25.55(d) | Improper generic substitution | |
Five to nine | $250 | |
10 or more | $500 | |
Section 25.55(e) | Failure to refill prescription with the identical product without authorization from prescriber and patient | $100 |
Section 25.56(a) | Improper filing of Schedule II prescriptions | $100 |
Section 25.56(b) | Improper filing of Schedule III, IV, V prescriptions | $100 |
Section 25.63(b) | Inadequate security for controlled substances | $250 |
Section 25.92 | Lack of lot numbers required on stock items | $100 |
Section 25.94 | Lack of expiration date on label of dispensed drugs of less than 1 year's potency. | $100 |
49 Pa. Code § 43b.7