SECTION 535:10-3-1.2. Violations of professional conduct

  Violations of the rules of professional conduct, which may also be called unprofessional conduct, include, but are not limited to, the following:

(1)   The act of violating directly, indirectly, through actions of another, assisting in or abetting the violation of, or conspiring to violate, any provision or term of the Oklahoma Pharmacy Act, 59 O.S. Section 353 et seq., the Federal Food, Drug, and Cosmetic Act, as amended by the Drug Quality and Security Act of 2013, the Prescription Drug Marketing Act (21 U.S.C., Sec. 331 et seq.), the Robinson-Patman Act (15 U.S.C., Sec.13 et seq.), and/or federal, state and local laws and rules governing pharmacists or pharmacies.

(2)   Failure to establish and maintain effective controls against the diversion of prescription drugs into other than legitimate medical, scientific, or industrial channels as provided by federal, state or local laws or rules.

(3)   Failure to have and follow a written drug diversion detection and prevention policy and procedure.

(4)   Making or filing a report or record which a pharmacist or pharmacy knows or should have known to be false, intentionally or negligently failing to file a report or record required by federal, state or local laws or rules, willfully impeding or obstructing such filing, or inducing another person to violate this rule. Such reports or records include only those which the pharmacist and/or pharmacy are required to make or file in his capacity as a licensed pharmacist or pharmacy.

(5)   Practicing pharmacy without reasonable skill and safety by reason of illness, use and/or abuse of drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition.

(6)   Abuse of alcohol or habit-forming drugs, or use of an illegal CDS drug, or a positive drug screen for such illegal substance or its metabolite.

(7)   Knowingly dispensing a prescription drug after the death of a patient.

(8)   Knowingly billing or charging for quantities greater than delivered; or for a brand when a generic or a compounded product is dispensed.

(9)   Submitting fraudulent billing or reports to a third party payor of prescription drugs.

(10)   Refusing to answer reasonable questions or provide information about prescriptions dispensed by the pharmacy when requested by, or for, the patient and which would aid the patient's health in the professional judgement of the pharmacist.

(11)   Not attempting to resolve a possible prescription error or situation of potential harm to the patient when apparent or should have been apparent to the pharmacist.

(12)   Not attempting to address the possible addiction or dependency of a patient to a drug dispensed by the pharmacist, if there is reason to believe that the patient may be dependent or addicted.

(13)   The assertion or inference in a public manner of material claims of professional superiority in the practice of pharmacy that cannot be substantiated.

(14)   The publication or circulation of false, misleading, or otherwise deceptive statements concerning the practice of pharmacy.

(15)   Discriminating in any manner between patients or groups of patients for reasons of a particular disease, religion, race, creed, color, sex, age or national origin.

(16)   Violating patient confidentiality. This does not prevent pharmacies from providing drug therapy information to prescribers for their patients, nor does it prevent the provision of information as required by law.

(17)   Theft while practicing pharmacy.

(18)   Knowingly dispensing prescription drug refills after the death of a prescriber. (A limited quantity may be allowed for the patient's health and safety.)

(19)   Failure to establish and maintain effective controls to prevent prescription errors or misfills.

(20)   The misfilling of a prescription that departs from the standards of care ordinarily exercised by a pharmacist with proof of actual injury not having to be established.

(21)   Providing fictitious information, fraud or misrepresentation in applying for or procuring a license, preceptor certificate or permit, or in connection with applying for or procuring periodic re-registration or renewal of the same.

(22)   Attempting to cheat or subverting the pharmacist licensure examination, law examination, preceptor examination or any other examination required by the Board.

(23)   Allowing a non-pharmacist to perform any of the duties reserved to a pharmacist.

(24)   Violation of any voluntary or Board ordered rehabilitation program for the impaired contract, e.g. OPHP contract.

(25)   Failure of pharmacist or pharmacy manager (pharmacist in charge) to fulfill the responsibilities as set out in 535:15.

(26)   Dispensing outdated prescription drugs.

(27)   Failure to cooperate in Board investigations.

(28)   Failure by the pharmacist to adequately supervise a pharmacy technician or a pharmacy intern; or working or scheduling an intern when there is no supervising pharmacist preceptor present; or working or scheduling a technician when there is no pharmacist supervising.

(29)   Auto refilling a prescription without the authorization of the patient or the patient's agent.

[Source: Added at 17 Ok Reg 2618, eff 7-1-00; Amended at 19 Ok Reg 1793, eff 7-1-02; Amended at 20 Ok Reg 2473, eff 7-11-03; Amended at 21 Ok Reg 2450, eff 7-1-04; Amended at 25 Ok Reg 1974, eff 7-1-08; Amended at 27 Ok Reg 2246, eff 7-11-10; Amended at 33 Ok Reg 1774, eff 9-11-16]