The board has determined that the assessment of an administrative penalty promotes the intent of §551.002 of the Act. 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) The following violations by a pharmacist may be appropriate for disposition with an administrative penalty with or without additional sanctions or restrictions:     (A) failure to provide patient counseling: $1,000;     (B) failure to conduct a drug regimen review or inappropriate drug regimen reviews provided by §291.33(c)(2)(A): $1,000;     (C) failure to clarify a prescription with the prescriber: $1,000;     (D) failure to properly supervise or improperly delegating a duty to a pharmacy technician: $1,000;     (E) failure to identify the dispensing pharmacist on required pharmacy records: $500;     (F) failure to maintain records of prescriptions: $500;     (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;     (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;     (I) shortages of prescription drugs following an accountability audit: up to $5,000;     (J) dispensing a prescription drug pursuant to a forged, altered, or fraudulent prescription: up to $5,000;     (K) dispensing unauthorized prescriptions: up to $5,000;     (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;     (M) violating a disciplinary order of the Board or a contract under the program to aid impaired pharmacists or pharmacy students under Chapter 564 of the Act: $500 - $1,000;     (N) failure to report or to assure the report of a malpractice claim: up to $1,000;     (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;     (P) practicing pharmacy with a delinquent license: $250 - $1,000;     (Q) operating a pharmacy with a delinquent license: $1,000 - $5, 000;     (R) allowing an individual to perform the duties of a pharmacy technician without a valid registration: $500 - $2,000;     (S) failure to comply with the requirements of the Official Prescription Program: up to $1,000;     (T) aiding and abetting the unlicensed practice of pharmacy, if the pharmacist knew or reasonably should have known that the person was unlicensed at the time: up to $5,000;     (U) a conviction or deferred adjudication for a misdemeanor or felony, which serves as a ground for discipline under the Act: up to $5,000;     (V) unauthorized substitutions: $1,000;     (W) false or fraudulent claims to third parties for reimbursement of pharmacy services: up to $5,000;     (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;     (Y) sale, purchase, or trade or offer to sell, purchase, or trade of prescription drug samples as provided by §281.7(a)(27) of this title (relating to Grounds for Discipline for a Pharmacist License): up to $1,000;     (Z) failure to keep, maintain or furnish an annual inventory as required by §291.17: $1,000;     (AA) failure to obtain training on the preparation of sterile pharmaceutical compounding: $1,000;     (BB) failure to maintain the confidentiality of prescription records: $1,000 - $5,000;     (CC) failure to inform the board of any notification or information required to be reported by the Act or rules: $250 - $500.   (2) The following violations by a pharmacy may be appropriate for disposition with an administrative penalty with or without additional sanctions or restrictions:     (A) failure to provide patient counseling: $1,500;     (B) failure to conduct a drug regimen review or inappropriate drug regimen reviews provided by §291.33(c)(2)(A) of this title (relating to Operational Standards): $1,500;     (C) failure to clarify a prescription with the prescriber: $1,500;     (D) failure to properly supervise or improperly delegating a duty to a pharmacy technician: $1,500;     (E) failure to identify the dispensing pharmacist on required pharmacy records: $500;     (F) failure to maintain records of prescriptions: $500;     (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;     (H) shortages of prescription drugs following an accountability audit: up to $5,000;     (I) dispensing a prescription drug pursuant to a forged, altered, or fraudulent prescription: up to $5,000;     (J) dispensing unauthorized prescriptions: up to $5,000;     (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;     (L) violating a disciplinary order of the Board: $1,000 - $5,000;     (M) failure to report or to assure the report of a malpractice claim: up to $1,000;     (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;     (O) allowing a pharmacist to practicing pharmacy with a delinquent license: $250 - $1,000;     (P) operating a pharmacy with a delinquent license: $1,000 - $5,000;     (Q) allowing an individual to perform the duties of a pharmacy technician without a valid registration: $500 - $3,000;     (R) failure to comply with the requirements of the Official Prescription Program: up to $1,000;     (S) aiding and abetting the unlicensed practice of pharmacy, if an employee of the pharmacy knew or reasonably should have known that the person engaging in the practice of pharmacy was unlicensed at the time: up to $5,000;     (T) a conviction or deferred adjudication for a misdemeanor or felony which serves as a ground for discipline under the Act: up to $5,000;     (U) unauthorized substitutions: $1,000;     (V) false or fraudulent claims to third parties for reimbursement of pharmacy services: up to $5,000;     (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;     (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 §281.8(b)(2) of this title (relating to Grounds for Discipline for a Pharmacy License): up to $1,000;     (Y) failure to keep, maintain or furnish an annual inventory as required by §291.17 of this title (relating to Inventory Requirements): $1,000;     (Z) failure to obtain training on the preparation of sterile pharmaceutical compounding: $1,500;     (AA) failure to maintain the confidentiality of prescription records: $1,000 - $5,000;     (BB) failure to inform the board of any notification or information required to be reported by the Act or rules: $250 - $500.   (3) The following violations by a pharmacy technician may be appropriate for disposition with an administrative penalty with or without additional sanctions or restrictions:     (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;     (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;     (C) shortages of prescription drugs following an accountability audit: up to $5,000;     (D) violating a disciplinary Order of the Board: $250 - $500;     (E) failure to report or to assure the report of a malpractice claim: up to $500;     (F) performing the duties of a pharmacy technician without a valid registration: $250 - $1,000;     (G) a conviction or deferred adjudication for a misdemeanor or felony, which serves as a ground for discipline under the Act: up to $5,000;     (H) false or fraudulent claims to third parties for reimbursement of pharmacy services: up to $5,000;     (I) failure to obtain training on the preparation of sterile pharmaceutical compounding: $1,000;     (J) failure to maintain the confidentiality of prescription records: $1,000 - $5,000;     (K) failure to inform the board of any notification or information required to be reported by the Act or rules: $100 - $250.   (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 §281.61 of this chapter.   (5) Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty or fine.   (6) The amount, to the extent possible, shall be based on:     (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;     (B) the economic harm to property or the environment caused by the violation;     (C) the history of previous violations;     (D) the amount necessary to deter a future violation;     (E) efforts to correct the violation; and     (F) and other matter that justice may require.

Source Note: The provisions of this §281.65 adopted to be effective September 3, 2006, 31 TexReg 6722; amended to be effective September 7, 2008, 33 TexReg 7218; amended to be effective June 7, 2009, 34 TexReg 3390; amended to be effective December 6, 2009, 34 TexReg 8690