1. (a) Pharmacists, interns, pharmacies, and pharmacy technicians. For the purpose of the Act, §565.051 and §568.0035:

   1. (1) "Probation" means the suspension of a sanction imposed against a license during good behavior, for a term and under conditions as determined by the board.
   2. (2) "Reprimand" means a public and formal censure against a license.
   3. (3) "Restrict" means to limit, confine, abridge, narrow, or restrain a license for a term and under conditions determined by the board.
   4. (4) "Revoke" means a license is void and may not be reissued; provided, however, upon the expiration of 12 months from and after the effective date of the order revoking a pharmacist license, application may be made to the board by the former licensee for the issuance of a license upon the successful completion of any examination required by the board.
   5. (5) "Suspend" means a license is of no further force and effect for a period of time as determined by the board.
   6. (6) "Retire" means a license has been withdrawn and is of no further force and effect.

2. (b) Schedule of administrative penalties. In disciplinary matters, the Board may assess an administrative penalty in addition to any other disciplinary action in the circumstances and amounts as follows:

   1. (1) The following violations by a pharmacist may be appropriate for disposition with an administrative penalty with or without additional sanctions or restrictions:

      1. (A) failure to provide patient counseling: $1,000;
      2. (B) failure to conduct a drug regimen review or inappropriate drug regimen reviews provided by Board Rule 291.33(c)(2)(A): $1,000;
      3. (C) failure to clarify a prescription with the prescriber: $1,000;
      4. (D) failure to properly supervise or improperly delegating a duty to a pharmacy technician: $1,000;
      5. (E) failure to identify the dispensing pharmacist on required pharmacy records: $500;
      6. (F) failure to maintain records of prescriptions: $500;
      7. (G) failure to respond or failure to provide all requested records within the time specified in a Board audit of continuing education records: $100 per hour of continuing education credit not provided;
      8. (H) failure to provide or providing false or fraudulent information on any application, notification, or other document required under this Act, the Dangerous Drug Act, or Controlled Substances Act, or rules adopted pursuant to those Acts: $1,000
      9. (I) shortages of prescription drugs following an accountability audit: up to $5,000;
      10. (J) dispensing a prescription drug pursuant to a forged, altered, or fraudulent prescription: up to $5,000;
      11. (K) dispensing unauthorized prescriptions: up to $5,000;
      12. (L) dispensing controlled substances or dangerous drugs to an individual or individuals in quantities, dosages, or for periods of time which grossly exceed standards of practice, approved labeling of the federal Food and Drug Administration, or the guidelines published in professional literature: up to $5,000;
      13. (M) violating the reporting provisions of an Order of the Board: $500 - $1,000;
      14. (N) failure to report or to assure the report of a malpractice claim: up to $1,000;
      15. (O) failure to respond within the time specified on a warning notice to such warning notice issued as a result of a compliance inspection or responding to a warning notice as a result of a compliance inspection in a manner that is false or misleading: up to $1,000;
      16. (P) practicing pharmacy with a delinquent license: $250 - $1,000;
      17. (Q) operating a pharmacy with a delinquent license: $1,000 - $5, 000;
      18. (R) allowing an individual to perform the duties of a pharmacy technician without a valid registration: $250 - $1,000;
      19. (S) failure to comply with the requirements of the Official Prescription Program: up to $1,000;
      20. (T) aiding and abetting the unlicensed practice of pharmacy: up to $5,000;
      21. (U) criminal violations: up to $5,000;
      22. (V) unauthorized substitutions: $1,000;
      23. (W) insurance or welfare fraud: up to $5,000;
      24. (X) sale, purchase, or trade or offer to sell, purchase, or trade of misbranded prescription drugs or prescription drugs beyond the manufacturer's expiration date: up to $1,000;
      25. (Y) sale, purchase, or trade or offer to sell, purchase, or trade of prescription drug samples as provided by Board Rule 281.7(a)(27) of this title (relating to Grounds for Discipline for a Pharmacist License): up to $1,000;
      26. (Z) failure to keep, maintain or furnish an annual inventory as required by Board Rule 291.17: $1,000;
      27. (AA) failure to obtain training on the preparation of sterile pharmaceutical compounding: $1,000;
      28. (BB) failure to maintain the confidentiality of prescription records: $1,000 - $5,000;
      29. (CC) failure to inform the Board of a change of name, address or employment within 10 days of such change: $250 - $500.

   2. (2) The following violations by a pharmacy may be appropriate for disposition with an administrative penalty with or without additional sanctions or restrictions:

      1. (A) failure to provide patient counseling: $1,500;
      2. (B) failure to conduct a drug regimen review or inappropriate drug regimen reviews provided by Board Rule 291.33(c)(2)(A): $1,500;
      3. (C) failure to clarify a prescription with the prescriber: $1,500;
      4. (D) failure to properly supervise or improperly delegating a duty to a pharmacy technician: $1,500;
      5. (E) failure to identify the dispensing pharmacist on required pharmacy records: $500;
      6. (F) failure to maintain records of prescriptions: $500;
      7. (G) failure to provide or providing false or fraudulent information on any application, notification, or other document required under this Act, the Dangerous Drug Act, or Controlled Substances Act, or rules adopted pursuant to those Acts: $1,000;
      8. (H) shortages of prescription drugs following an accountability audit: up to $5,000;
      9. (I) dispensing a prescription drug pursuant to a forged, altered, or fraudulent prescription: up to $5,000;
      10. (J) dispensing unauthorized prescriptions: up to $5,000;
      11. (K) dispensing controlled substances or dangerous drugs to an individual or individuals in quantities, dosages, or for periods of time which grossly exceed standards of practice, approved labeling of the federal Food and Drug Administration, or the guidelines published in professional literature: up to $5,000;
      12. (L) violating the reporting provisions of an Order of the Board: $1,000 - $5,000;
      13. (M) failure to report or to assure the report of a malpractice claim: up to $1,000;
      14. (N) failure to respond within the time specified on a warning notice to such warning notice issued as a result of a compliance inspection or responding to a warning notice as a result of a compliance inspection in a manner that is false or misleading: up to $1,000;
      15. (O) allowing a pharmacist to practicing pharmacy with a delinquent license: $250 - $1,000;
      16. (P) operating a pharmacy with a delinquent license: $1,000 - $5,000;
      17. (Q) allowing an individual to perform the duties of a pharmacy technician without a valid registration: $250 - $1,000;
      18. (R) failure to comply with the requirements of the Official Prescription Program: up to $1,000;
      19. (S) aiding and abetting the unlicensed practice of pharmacy: up to $5,000;
      20. (T) criminal violations: up to $5,000;
      21. (U) unauthorized substitutions: $1,000;
      22. (V) insurance or welfare fraud: up to $5,000;
      23. (W) possessing or engaging in the sale, purchase, or trade or the offer to sell, purchase, or trade of misbranded prescription drugs or prescription drugs beyond the manufacturer's expiration date: up to $1,000;
      24. (X) possessing or engaging in the sale, purchase, or trade or the offer to sell, purchase, or trade of prescription drug samples as provided by Board Rule 281.8(b)(2) of this title (relating to Grounds for Discipline for a Pharmacy License): up to $1,000;
      25. (Y) failure to keep, maintain or furnish an annual inventory as required by Board Rule 291.17: $1,000;
      26. (Z) failure to obtain training on the preparation of sterile pharmaceutical compounding: $1,500;
      27. (AA) failure to maintain the confidentiality of prescription records: $1,000 - $5,000;
      28. (BB) failure to inform the Board of a change of name, address or employment within 10 days of such change: $250 - $500.

   3. (3) The following violations by a pharmacy technician may be appropriate for disposition with an administrative penalty with or without additional sanctions or restrictions:

      1. (A) failure to respond or failure to provide all requested records within the time specified in a Board audit of continuing education records: $30 per hour of continuing education credit not provided;
      2. (B) failure to provide or providing false or fraudulent information on any application, notification, or other document required under this Act, the Dangerous Drug Act, or Controlled Substances Act, or rules adopted pursuant to those Acts: $500
      3. (C) shortages of prescription drugs following an accountability audit: up to $5,000;
      4. (D) violating the reporting provisions of an Order of the Board: $250 - $500;
      5. (E) failure to report or to assure the report of a malpractice claim: up to $500;
      6. (F) performing the duties of a pharmacy technician without a valid registration: $250 - $1,000;
      7. (G) criminal violations: up to $5,000;
      8. (H) insurance or welfare fraud: up to $5,000;
      9. (I) failure to obtain training on the preparation of sterile pharmaceutical compounding: $1,000;
      10. (J) failure to maintain the confidentiality of prescription records: $1,000 - $5,000;
      11. (K) failure to inform the Board of a change of name, address or employment within 10 days of such change: $100 - $250.
   4. (4) Any of the violations listed in this section may be appropriate for disposition by the administrative penalties in this section in conjunction with any other penalties in subsection (a) of this section.
   5. (5) Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty or fine.

   6. (6) The amount, to the extent possible, shall be based on:

      1. (A) the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited act, and the hazard or potential hazard created to the health, safety, or economic welfare of the public;
      2. (B) the economic harm to property or the environment caused by the violation;
      3. (C) the history of previous violations;
      4. (D) the amount necessary to deter a future violation;
      5. (E) efforts to correct the violation; and
      6. (F) and other matter that justice may require.

Source Note:The provisions of this §281.9 adopted to be effective December 30, 1998, 23 TexReg 13073; amended to be effective December 27, 2000, 25 TexReg 12688; amended to be effective March 4, 2004, 29 TexReg 1948; amended to be effective March 6, 2006, 31 TexReg 1439.