PURPOSE: This rule defines the responsibilities of a director of pharmacy or the pharmacist-in-charge, or both, in a hospital or ambulatory surgical center in reporting disciplinary actions against pharmacist employees to the chief executive officer of the employing institution.

1. (1) The board of pharmacy shall receive and process any report from a hospital or ambulatory surgical center concerning any disciplining action against a licensed pharmacist or the voluntary resignation of any licensed pharmacist against whom any complaints or reports have been made which might have led to final disciplinary action. FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION

2. (2) Reports to the board shall comply with the minimum requirements as set forth in section 383.133, RSMo and this rule. This information shall include, but not be limited to:

   1. (A) The name, address and telephone number of the person making the report;
   2. (B) The name, address and telephone number of the person who is the subject of the report;
   3. (C) A brief description of the facts which gave rise to the issuance of the report, including the dates of occurrence deemed to necessitate the filing of the report;
   4. (D) If court action is involved and known to the reporting agent, the identity of the court, including the date of filing and the docket number of the action;
   5. (E) A statement as to what final action was taken by the institution; and
   6. (F) That the report is being submitted in order to comply with the reporting provisions of Chapter 383, RSMo.
3. (3) The director of pharmacy or pharmacistin-charge shall report any actions as described in section (1) to the chief executive officer (CEO) or his/her designee. Any activity that is construed to be a cause for disciplinary action according to section 338.055, RSMo or results in potential or actual harm to the public shall be deemed reportable to the board. Nothing in this rule shall be construed as limiting or prohibiting any pharmacist from reporting a violation of the Pharmacy Practice Act directly to the Missouri Board of Pharmacy.

4. (4) In response to an inquiry from a hospital or ambulatory surgical center regarding reports received by the board on a specific pharmacist, the board shall provide the following information:

   1. (A) Whether any reports have been received;
   2. (B) The nature of each report; and
   3. (C) The action which the board took on each report or if the board has taken action on the report.
5. (5) Each report received shall be acknowledged in writing. The acknowledgment shall state that the report is being reviewed by the board or is being investigated and shall be referred to the board or an appropriate board subcommittee for consideration. The institution subsequently shall be informed in writing as to whether the report has been dismissed by the board or is being referred to legal counsel for filing with the Administrative Hearing Commission or for other legal action. The institution may be notified of the ultimate disposition of the report excluding judicial appeals and may be provided with a copy of the decisions (if any) of the Administrative Hearing Commission and the board.
6. (6) The provisions of this rule are declared severable. If any portion of this rule is held invalid by a court of competent jurisdiction, the remaining provisions of this rule shall remain in full force and effect, unless otherwise determined by a count of competent jurisdiction.

AUTHORITY: sections 338.140, RSMo Supp. 1989 and 383.133, RSMo 1986.* This rule originally filed as 4 CSR 220-2.150. Original rule filed Aug. 4, 1987, effective Jan. 29, 1988. Moved to 20 CSR 2220-2.150, effective Aug. 28, 2006. *Original authority: 338.140, RSMo 1939, amended 1981, 1989 and 383.133, RSMo 1986.