NMBOP: 16.19.27 DISHONORABLE CONDUCT Flashcards
Dishonorable conduct by a pharmacist intern or pharmacy technician
Q: What constitutes “dishonorable conduct” by a pharmacist intern or pharmacy technician?
A: Dishonorable conduct includes, but is not limited to:
1. Violation of any provision of the Pharmacy Act as determined by the board.
2. Violation of the board of pharmacy regulations as determined by the board.
3. Violation of the Drug and Cosmetic Act as determined by the board.
4. Violation of the Controlled Substances Act as determined by the board.
5. Failure to conduct oneself professionally in conformity with all applicable laws and regulations.
6. Acquiring prescription stock from unlicensed sources.
7. Failing to keep confidential all knowledge about patrons, their prescriptions, and other confidential information.
8. Participation in plans or agreements that compromise the quality of professional services or facilities.
9. Solicitation of prescription business by providing prescribers with prescription blanks bearing the name of any licensed pharmacy or pharmacist.
10. Solicitation of prescription business by providing a prescriber with pre-selected medication on a prescription blank (excluding certain institutional or therapeutic interchange settings).
11. Solicitation of a prescription where the initial request was not initiated by the patient or practitioner (excluding therapeutic interchange requests).
12. Failure to report an impaired licensee.
13. Conviction, plea of nolo contendere, or legal agreement for any violation of the Pharmacy Act, Controlled Substances Act, Drug Device and Cosmetic Act, or similar acts.
14. Suspension, revocation, denial, or forfeiture of a license to practice or similar disciplinary action by another licensing agency.
15. Disqualifying criminal convictions, including:
- Murder
- Criminal sexual offenses
- Sexually oriented material harmful to minors
- Sexual exploitation of children
- Robbery
- Fraud
- Embezzlement
- Extortion
- Forgery
- Receiving stolen property
- Identity theft and credit card fraud
- Criminal solicitation
- Racketeering
- Medicaid fraud
- Abuse or neglect of a care facility resident
- Money laundering
- Human trafficking
- Tampering with monitoring devices
- False statements in claims
- Repeat DUI convictions
Dishonorable conduct by a pharmacist intern or pharmacy technician
Q: What does “conviction” mean in the context of disqualifying criminal convictions?
A: “Conviction” means either a plea of guilty or nolo contendere, or any other full adjudication on the merits by a court of competent jurisdiction. A certified copy of the conviction record is conclusive evidence.
Dishonorable conduct by a pharmacist intern or pharmacy technician
Q: Which criminal convictions are considered disqualifying for licensure or registration?
A: Disqualifying criminal convictions include:
- Felony convictions for specified offenses, such as murder, robbery, fraud, embezzlement, and various forms of theft, fraud, and abuse.
- Specific statutes and crimes related to human trafficking, money laundering, and tampering with monitoring devices.
Dishonorable conduct by a pharmacist intern or pharmacy technician
Q: How does the board handle criminal convictions when considering an application for licensure or registration?
A: The board will not consider a criminal conviction unless it is one of the disqualifying criminal convictions listed. Actions against an applicant or licensee based on such convictions will conform to the Uniform Licensing Act. The board may deny or discipline based on conduct violating specific acts, regardless of whether the conduct resulted in a disqualifying conviction.
Dishonorable conduct by a pharmacist intern or pharmacy technician
Q: What criminal records will the board not use or admit into evidence in adjudicatory proceedings?
A: The board shall not use, distribute, disseminate, or admit into evidence:
1. Arrest records not followed by a valid conviction.
2. Convictions that have been sealed, dismissed, expunged, or pardoned.
3. Juvenile adjudications.
4. Convictions for crimes other than the disqualifying criminal convictions listed.
Dishonorable conduct by a facility (business)
Q: What constitutes “dishonorable conduct” by a facility or business?
A: Dishonorable conduct by a facility includes, but is not limited to:
1. Violation of any provision of the Pharmacy Act as determined by the board.
2. Violation of the board of pharmacy regulations as determined by the board.
3. Violation of the Drug and Cosmetic Act as determined by the board.
4. Violation of the Controlled Substances Act as determined by the board.
5. Failure to conduct the business professionally in conformity with all applicable federal, state, and municipal laws and regulations.
6. Acquiring prescription stock from unlicensed sources.
7. Failing to keep confidential all knowledge concerning patrons, their prescriptions, and other confidential information.
8. Participation in plans or agreements that compromise the quality of professional services or facilities at the expense of public health or welfare.
9. Solicitation of prescription business by providing prescribers with prescription blanks bearing the name of any licensed pharmacy or pharmacist.
10. Solicitation of prescription business by providing a prescriber with pre-selected medication on a prescription blank (excluding certain institutional or therapeutic interchange settings).
11. Solicitation of a prescription where the initial request was not initiated by the patient or practitioner (excluding therapeutic interchange requests).
12. Failure to report an impaired licensee in compliance with Subparagraph (a) of Paragraph (1) of Subsection C of 16.9.4.12 NMAC.
13. Conviction, plea of nolo contendere, or legal agreements for violations of the Pharmacy Act, Controlled Substances Act, Drug Device and Cosmetic Act, or similar acts.
14. Suspension, revocation, denial, or forfeiture of a license to practice or similar disciplinary action by another state or territory.
15. Failure to correct written deficiencies documented by drug inspectors during routine inspections.
16. Failure of the business owner or authorized representative to sign the annual self-assessment conducted by the pharmacist-in-charge.
17. Failure to provide an appropriate environment that ensures safe pharmaceutical care when an error occurs and a patient is harmed.
18. Failure to provide a work environment that allows pharmacists and pharmacist interns to perform their duties without interference, considering factors like workload and staffing.
19. Introducing or enforcing external factors, such as productivity quotas, that interfere with the ability of pharmacists, pharmacist interns, or pharmacy technicians to provide professional services.
20. Retaliation against pharmacy employees for reporting or filing complaints about violations of board requirements, including unreasonable workload.
21. Having policies or procedures that hinder the apprehension or prosecution of individuals suspected of prescription forgery, fraud, or misrepresentation.
22. Failure to adhere to written policies and procedures established by the pharmacist-in-charge.
“Pharmaceutical care”
means the provision of drug therapy and other patient care services related to drug therapy intended to achieve definite outcomes that improve a patient’s quality of life, including identifying potential and actual drug-related problems, resolving actual drug-related problems and preventing potential drug-related problems.
“Dispensing error”
means a prescription that was dispensed from the pharmacy differently from what was prescribed.
“Harm”
means temporary or permanent impairment of the physical, emotional or psychological function or structure of the body and/or pain resulting there from requiring intervention.
“Patient counseling”
means the oral communication by the pharmacist of information to a patient or his agent or caregiver regarding proper use of a drug or a device.
“Physical environment”
means the facility layout design, fixtures, and surroundings that affect lighting levels, sound levels, temperature, interruptions, and distractions.
