32-1927

32-1927. Pharmacists; pharmacy interns;
graduate interns; disciplinary action

A. A pharmacist, pharmacy intern or graduate intern is subject to disciplinary
action by the board for any of the following:

1. The board determines that the licensee has committed an act of unprofessional
conduct.

2. The licensee is found by psychiatric examination to be mentally unfit to
practice the profession of pharmacy.

3. The licensee is found to be physically or mentally incapacitated to such a
degree as to render the licensee unfit to practice the profession of pharmacy.

4. The licensee is found to be professionally incompetent to such a degree as to
render the licensee unfit to practice the profession of pharmacy.

5. The license was issued through error.

B. A pharmacist, pharmacy intern or graduate intern who after a formal hearing is
found by the board to be guilty of unprofessional conduct, to be mentally or physically
unable safely to engage in the practice of pharmacy or to be professionally incompetent
is subject to any one or combination of the following:

1. A civil penalty of not to exceed one thousand dollars for each violation of this
chapter or a rule adopted under this chapter.

2. A letter of reprimand.

3. A decree of censure.

4. Probation.

5. Suspension or revocation of the license.

C. The board may charge the costs of formal hearings to the licensee who it finds
to be in violation of this chapter or a rule adopted under this chapter.

D. The board on its own motion may investigate any evidence that appears to show
that a pharmacist, pharmacy intern or graduate intern is or may be professionally
incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or
physically unable safely to engage in the practice of pharmacy. Any person may, and a
licensee or permittee of the board must, report to the board any information that appears
to show that a pharmacist, pharmacy intern or graduate intern is or may be professionally
incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or
physically unable safely to engage in the practice of pharmacy. The board or the
executive director shall notify the pharmacist, pharmacy intern or graduate intern as to
the content of the complaint as soon as reasonable. Any person or entity that reports or
provides information to the board in good faith is not subject to an action for civil
damages. It is an act of unprofessional conduct for any pharmacist, pharmacy intern or
graduate intern to fail to report as required by this section.

E. The pharmacy permittee or pharmacist in charge of a pharmacy located in this
state must inform the board if a pharmacist, pharmacy intern or graduate intern employed
by the pharmacy is terminated because of actions by the pharmacist, pharmacy intern or
graduate intern that appear to show that the pharmacist, pharmacy intern or graduate
intern is or may be professionally incompetent, is or may be guilty of unprofessional
conduct or is or may be mentally or physically unable safely to engage in the practice of
pharmacy, along with a general statement of the reasons that led the pharmacy to take the
action. The pharmacy permittee or pharmacist in charge of a pharmacy located in this
state must inform the board if a pharmacist, pharmacy intern or graduate intern under
investigation resigns or if a pharmacist, pharmacy intern or graduate intern resigns in
lieu of disciplinary action by the pharmacy. Notification must include a general
statement of the reasons for the resignation. A person who reports information in good
faith pursuant to this subsection is not subject to civil liability.

F. The board or, if delegated by the board, the executive director shall require
any combination of mental, physical, psychological, psychiatric or medical competency
examinations or pharmacist licensure examinations and conduct necessary investigations
including investigational interviews between representatives of the board and the
pharmacist, pharmacy intern or graduate intern to fully inform itself about any
information filed with the board under this section. These examinations may also include
biological fluid testing. The board may require the pharmacist, pharmacy intern or
graduate intern, at that person's expense, to undergo assessment by a board approved
substance abuse treatment and rehabilitation program.

G. If after completing its investigation the board finds that the information
provided pursuant to this section is not of sufficient seriousness to merit disciplinary
action against the license of the pharmacist, pharmacy intern or graduate intern, the
board may take any of the following actions:

1. Dismiss if the complaint is without merit.

2. File an advisory letter. The licensee may file a written response with the board
within thirty days after receiving the advisory letter.

H. The board shall not disclose the name of the person who provided information
regarding a licensee's drug or alcohol impairment or the name of the person who files a
complaint if that person requests anonymity.

I. If after completing its investigation the board believes that the information is
or may be true, it may request a conference with the pharmacist, pharmacy intern or
graduate intern. If the pharmacist, pharmacy intern or graduate intern refuses the
invitation for conference and the investigation indicates that grounds may exist for
revocation or suspension of a license, probation, issuance of a decree of censure or a
letter of reprimand or imposition of a civil penalty, the board shall issue a formal
notice that a hearing be held pursuant to title 41, chapter 6, article 10.

J. If through information provided pursuant to this section or by other means, the
board finds that the protection of the public health, welfare and safety requires
emergency action against the license of a pharmacist, pharmacy intern or graduate intern,
it may order a summary suspension of the license pending a formal hearing for license
revocation or other action authorized by this section to be held by the board within ten
days after it issues the order.

K. If after completing the conference the board finds the information provided
pursuant to this section is not of sufficient seriousness to merit revocation or
suspension of a license, probation, issuance of a decree of censure or a letter of
reprimand or imposition of a civil penalty, it may take the following actions:

1. Dismiss if the information is without merit.

2. File an advisory letter. The licensee may file a written response with the board
within thirty days after the licensee receives the advisory letter.

L. If during a conference the board finds that the information provided pursuant to
this section indicates that grounds may exist for revocation or suspension of a license,
probation, issuance of a decree of censure or a letter of reprimand or imposition of a
civil penalty, it may take the following actions:

1. Dismiss if the information is without merit.

2. File an advisory letter. The licensee may file a written response with the board
within thirty days after the licensee receives the advisory letter.

3. Enter into an agreement with the licensee to discipline the licensee, restrict
the licensee's practice or professional activities or rehabilitate, retrain or assess the
licensee in order to protect the public and ensure the licensee's ability to safely
engage in the practice of pharmacy. The agreement may include at least the following:

(a) Issuance of a letter of reprimand.

(b) Issuance of a decree of censure.

(c) Practice or professional restrictions, such as not acting as a pharmacist in
charge or pharmacy intern preceptor or working with another pharmacist.

(d) Rehabilitative, retraining or assessment programs including:

(i) Board approved community service.

(ii) Successful completion of additional pharmacist continuing education hours.

(iii) Successful passage of board approved pharmacist licensure examinations.

(iv) Successful completion of a board approved substance abuse treatment and
rehabilitation program at the licensee's own expense.

(e) A civil penalty not to exceed one thousand dollars for each violation of this
chapter or a rule adopted under this chapter.

(f) A period and terms of probation best adapted to protect the public health and
safety and rehabilitate or educate the licensee concerned. Probation may include
temporary suspension and any or all of the disciplinary actions, practice or professional
restrictions, rehabilitative, retraining or assessment programs listed in this section or
any other program agreed to by the board and the licensee.

M. If the board finds that the information provided pursuant to this section and
additional information provided during the conference warrants revocation or suspension
of a license, probation, issuance of a decree of censure or a letter of reprimand or
imposition of a civil penalty, it shall initiate formal proceedings pursuant to title 41,
chapter 6, article 10.

N. If the board finds that the information provided pursuant to this section
warrants revocation or suspension of a license, probation, issuance of a decree of
censure or a letter of reprimand or imposition of a civil penalty, it shall initiate
formal proceedings pursuant to title 41, chapter 6, article 10.

O. If the licensee wishes to be present at the formal hearing in person or by
representation, or both, the licensee must file with the board an answer to the charges
in the notice of hearing. The answer must be in writing, verified under oath and filed
within thirty days after service of the notice of hearing. Failure to answer the board's
notice of hearing is deemed an admission of the charges in the notice of hearing.

P. An advisory letter is a nondisciplinary public document.

Q. If the board during an investigation determines that a criminal violation might
have occurred, it shall disclose its investigative evidence and information to the
appropriate criminal justice agency for its consideration.

R. In determining the appropriate disciplinary action under this section, the board
shall consider all previous nondisciplinary and disciplinary actions against a licensee.

S. The board may deny a license to an applicant for the grounds prescribed in
subsection A of this section.

T. A person licensed pursuant to this chapter or by any other jurisdiction who has
a license revoked or suspended shall not obtain a license as a pharmacy intern, graduate
intern, pharmacy technician or pharmacy technician trainee or work as a pharmacy intern,
graduate intern, pharmacy technician or pharmacy technician trainee without the approval
of the board or its designee.