Utah Admin. Code 156-17b-502

Current through Bulletin 2024-12, June 15, 2024
Section R156-17b-502 - Unprofessional Conduct

"Unprofessional conduct" includes:

(1) violating the American Pharmaceutical Association (APhA) Code of Ethics for Pharmacists, October 27, 1994, which is hereby incorporated by reference;
(2)
(a) failing to comply with the USP-NF Chapter 795 if applicable to activities performed;
(b) failing to comply with the USP-NF Chapter 797, if applicable to activities performed;
(3) failing to comply with continuing education requirements ;
(4) failing to provide the Division with a current mailing address within ten business days of a change of address;
(5) defaulting on a student loan;
(6) failing to abide by applicable federal and state law regarding the practice of pharmacy;
(7) failing to comply with administrative inspections;
(8) failing to return a self-audit report by the deadline established by the Division;
(9) providing false information on a self-audit report;
(10)
(a) violating the laws and rules regulating operating standards in a pharmacy, as discovered upon inspection by the Division; or
(b) after discovery upon inspection by the Division of violation of laws and rules regulating operating standards in a pharmacy, failing to comply within the time established by the Division;
(11) abandoning a pharmacy or leaving prescription drugs accessible to the public;
(12) failing to identify licensure classification when communicating by any means;
(13)
(a) as a pharmacist, practicing pharmacy with an inappropriate pharmacist to pharmacy intern ratio under Subsection R156-17b-606(1)(d), or pharmacist to pharmacy technician trainee ratio under Subsection R156-17b-601(3); or
(b) as a pharmacy, practicing pharmacy with an inappropriate pharmacist to pharmacy intern ratio under Subsection R156-17b-606(1)(d), or pharmacist to pharmacy technician trainee ratio under Subsection R156-17b-601(4);
(14)
(a) as a pharmacist, allowing an unauthorized person in the pharmacy; or
(b) as a pharmacy, allowing an unauthorized person in the pharmacy;
(15)
(a) as a pharmacist, failing to offer to counsel a person receiving a prescription medication; or
(b) as a pharmacy, failing to offer to counsel a person receiving a prescription medication;
(16) failing to timely pay an administrative fine;
(17) failing to comply with the PIC, consulting pharmacist, RDPIC or DMPIC standards under Section R156-17b-603;
(18) failing to adhere to institutional policies and procedures related to technician checking of medications when technician checking is utilized;
(19) failing to take appropriate steps to avoid or resolve identified drug therapy management problems under Subsection R156-17b-611(3);
(20) dispensing medication that has been discontinued by the FDA;
(21) failing to keep or report accurate records of training hours;
(22) failing to provide consulting pharmacist, designated representative, responsible party, PIC, RDPIC, or DMPIC information to the Division within 30 days of a change in consulting pharmacist, designated representative, responsible p a rt y, PIC, RDPIC or DMPIC;
(23) requiring a pharmacy, pharmacist, or DMP to operate the pharmacy or allow operation of the pharmacy with a ratio of supervising pharmacist or DMP to other pharmacy personnel in circumstances that result in, or reasonably would be expected to result in, an unreasonable risk of harm to public health, safety, and welfare;
(24)
(a) as a pharmacist, failing under Subsection R156-17b-603(3)(t) to notify the Division within seven calendar days of a change in the email address designated for use in self-audits or pharmacy alerts; or
(b) as a pharmacy, failing to notify the Division within seven calendar days of a change in the email address designated for use in self-audits or pharmacy alerts;
(25) failing to ensure, as a DMP or DMP clinic pharmacy, that a DMP designee has completed a formal or on-the-job dispensing training program under Section R156-17b-622;
(26) failing to make a timely report regarding dispensing of an opiate antagonist to the Division and to the physician who issued the standing order, under Section R156-17b-625; and
(27) failing to comply with the operating standards for a remote dispensing pharmacy under Section R156-17b-614g.

Utah Admin. Code R156-17b-502

Amended by Utah State Bulletin Number 2015-6, effective 2/24/2015
Amended by Utah State Bulletin Number 2017-1, effective 12/8/2016
Amended by Utah State Bulletin Number 2019-24, effective 11/25/2019
Amended by Utah State Bulletin Number 2022-03, effective 1/27/2022