Section 12.52.920. Disciplinary guidelines.

	(a)  In addition to acts specified in AS 08.80  or elsewhere in this chapter, each of the following constitutes engaging in unprofessional conduct and is a basis for the imposition of disciplinary sanctions under AS 08.01.075:  
		(1) knowingly dispensing a drug under a forged, altered, or fraudulent prescription drug order;  
		(2) dispensing drugs to an individual or individuals in quantities, dosages, or for periods of time that grossly exceed standards of practice, approved labeling of the federal Food and Drug Administration, or the guidelines published in professional literature; this paragraph does not apply to prescriptions dispensed to persons with intractable pain or to a narcotic drug dependent person in accordance with the requirements of 21 C.F.R. 1306.07, as amended as of February 6, 1997;  
		(3) delivering or offering to deliver a prescription drug in violation of AS 08.80  or this chapter;  
		(4) acquiring, possessing, or attempting to possess prescription drugs in violation of AS 08.80,  AS 11.71,  or this chapter;  
		(5) distributing prescription drugs to a practitioner or a pharmacy not in the course of professional practice or in violation of AS 08.80  or this chapter;  
		(6) refusing or failing to keep, maintain, or furnish any record, notification, or information required in AS 08.80  or this chapter;  
		(7) refusing entry into a pharmacy for an inspection authorized by AS 08.80  or this chapter;  
		(8) making a false or fraudulent claim to a third party for reimbursement for pharmacy services;  
		(9) operating a pharmacy in an unsanitary manner;  
		(10) making a false or fraudulent claim concerning a drug;  
		(11) refilling a prescription drug order for a period of time in excess of one year from the date of issue of that prescription drug order;  
		(12) violating the provisions of a board order or memorandum of agreement;  
		(13) failing to provide information or providing false or fraudulent information on an application, notification, or other document required in AS 08.80  or this chapter;  
		(14) for the following licensees, failing to establish or maintain effective controls against the diversion or loss of prescription drugs or prescription drug records, or failing to ensure that prescription drugs are dispensed in compliance with state and federal laws and regulations:  
			(A) a pharmacist-in-charge of a pharmacy;  
			(B) a sole proprietor or individual owner of a pharmacy;  
			(C) a partner in the ownership of a pharmacy; or  
			(D) a managing officer of a corporation, association, or joint-stock company owning a pharmacy;  
		(15) failing to use reasonable knowledge, skills, or judgment in the practice of pharmacy;  
		(16) knowingly delegating a function, task, or responsibility that is part of the practice of pharmacy to a person who is not licensed to perform that function, task, or responsibility when the delegation is contrary to AS 08.80  or this chapter or the delegation involves a substantial harm or risk to a patient;  
		(17) failing to exercise adequate supervision over a person who is authorized to practice only under the supervision of a pharmacist;  
		(18) violating AS 08.80.315 dealing with the confidentiality of records;  
		(19) discriminating on the basis of race, religious creed, color, national origin, ancestry, or sex in the provision of a service that is part of the practice of pharmacy;  
		(20) offering, giving, soliciting, or receiving compensation for referral of a patient; or  
		(21) violating AS 08.80.261(a)(3).  
	(b)  The board will, in its discretion, revoke a license if the licensee  
		(1) commits a violation that is a second offense;  
		(2) violates the terms of probation from a previous offense;  
		(3) violates AS 08.80.261(a)(1) or (4);  
		(4) intentionally or negligently engages in conduct that results in a significant risk to the health or safety of a patient or injury to a patient;  
		(5) is professionally incompetent if the incompetence results in risk of injury to a patient.  
	(c)  The board will, in its discretion, suspend a license for up to two years followed by probation of not less than two years if the licensee  
		(1) wilfully or repeatedly violates AS 08.80  or this chapter; or  
		(2) is professionally incompetent if the incompetence results in the public health, safety, or welfare being placed at risk.  
	(d)  The board will review, on an individual basis, the need for revocation or limitation of a license of a licensee who practices or attempts to practice while afflicted with a physical or mental illness, deterioration, or disability that interferes with the individual's practice of pharmacy.  

Authorities

08.01.075;08.80.005;08.80.030;08.80.261;08.80.315;08.80.460

Notes

Reference

12 AAC 52.910

Authority

AS 08.01.075 AS 08.80.005 AS 08.80.030 AS 08.80.261 AS 08.80.315 AS 08.80.460

History

Eff. 1/16/98, Register 145