Unprofessional or dishonorable conduct by a pharmacist shall mean among other things, but not limited to:

1. (1) Violation of any provision of the Pharmacy Practice Act;
2. (2) Violation of the Arkansas State Board of Pharmacy rules;
3. (3) Violation of the Food, Drug, and Cosmetic Act, Arkansas Code § 20-56-201 et seq.;
4. (4) Violation of the Uniform Controlled Substances Act, Arkansas Code § 5-64-101 et seq.;

5. (5) Failure of a pharmacist to conduct himself or herself professionally in conformity with all applicable federal, state, and municipal laws and rules in his or her relationship with:

   1. (A) The public;
   2. (B) Other healthcare professions; and
   3. (C) Fellow pharmacists;
6. (6) Failure to keep his or her pharmacy and/or area of professional practice clean, orderly, maintained, and secured for the proper performance of his or her professional duties;
7. (7) Acquiring prescription stock from unlicensed sources or buying or selling legend drugs in violation of local, state, or federal law;

8. (8)

   1. (A) Personal participation in the sale of alcoholic beverages while on duty as a pharmacist.
   2. (B) Exempts pharmacies selling alcoholic beverages before June 1985;
9. (9) Failure to hold to the strictest confidences all knowledge concerning patrons, their prescriptions, and other confidences entrusted or acquired by him or her, divulging in the interest of the patron only by proper release forms or where required for proper compliance with legal authority;
10. (10) Participation in a plan or agreement that compromises the quality or extent of professional services or facilities at the expense of the public health and welfare;
11. (11) Participation in any plan, agreement, or arrangement that eliminates or detrimentally affects the traditional relationship of physician, patient, pharmacist, and the patient’s freedom of choice of professional services;

12. (12)

    1. (A) The distribution, promotion, or advertising of premiums, rebates, coupons, amounts off, etc., on prescription drugs unless the offer is given to all patients purchasing prescriptions in the same time period.
    2. (B) Senior-citizen discounts shall not be considered a violation of this section;
13. (13) The solicitation of prescription business by providing prescribers with prescription blanks with the name of any licensed pharmacist or pharmacy printed thereon;
14. (14) Violation of rules and procedures governing payment to pharmacies for pharmaceutical services for eligible public assistance recipients and/or other third-party payment programs;
15. (15) The provision of medication carts, printing and maintenance of the database to produce the doctor’s order sheet or medication administration record, consultation, and related services by provider pharmacists to long-term care facilities free of charge or obviously below cost;
16. (16) Falsifying contracts or agreements for legend drug purchases or violation of such contracts;
17. (17) Providing invalid or insufficient checks in payment for licenses or renewals;

18. (18)

    1. (A) Receiving more than three (3) noncompliant deficiencies on two (2) consecutive board inspections.
    2. (B) The inspection is based on the board inspection form, which is available on request; and
19. (19) Dishonorable conduct shall include, without limitation, conduct involving fraud or dishonesty whether or not said conduct involves the practice of pharmacy.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “(10/09/80, Revised 4/07/89, 6/07/90, 4/10/92, 6/12/03, and 8/1/2020)"