Section 08.80.261. Disciplinary sanctions.

   (a) The board may deny a license to an applicant or, after a hearing, impose a disciplinary sanction authorized under AS 08.01.075 on a person licensed under this chapter when the board finds that the applicant or licensee, as applicable,
        (1) secured or attempted to secure a license through deceit, fraud, or intentional misrepresentation;
        (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;
        (3) advertised professional services in a false or misleading manner;
        (4) has been convicted of a felony or has been convicted of another crime that affects the applicant's or licensee's ability to practice competently and safely;
        (5) intentionally or negligently engaged in or permitted the performance of patient care by persons under the applicant's or licensee's supervision that does not conform to minimum professional standards regardless of whether actual injury to the patient occurred;
        (6) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board;
        (7) is incapable of engaging in the practice of pharmacy with reasonable skill, competence, and safety for the public because of
             (A) professional incompetence;
             (B) failure to keep informed of or use current professional theories or practices;
             (C) addiction or severe dependency on alcohol or a drug that impairs the applicant's or licensee's ability to practice safely;
             (D) physical or mental disability; or
             (E) other factors determined by the board;
        (8) engaged in conduct involving moral turpitude or gross immorality;
        (9) made a controlled substance available to a person except upon prescription issued by a person licensed to prescribe controlled substances;
        (10) was convicted of selling federal legend drugs without the prescription of a person licensed to prescribe federal legend drugs;
        (11) violated state or federal laws or regulations pertaining to drugs or pharmacies;
        (12) failed to report relevant information to the board about a pharmacist or pharmacy intern that the applicant or licensee knew or suspected was incapable of engaging in the practice of pharmacy with reasonable skill, competence, and safety to the public;
        (13) aided another person to engage in the practice of pharmacy or to use the title of "pharmacist" or "pharmacy intern" without a license; or
        (14) engaged in unprofessional conduct, as defined in regulations of the board.
   (b) The board may place under seal all drugs that are owned by or in the possession, custody, or control of a licensee at the time a license is suspended or revoked or at the time the board refuses to renew a license. Except for perishable items, the drugs may not be disposed of until the licensee has exhausted administrative and judicial remedies relating to the licensing action. Perishable items may be sold upon order of the court with the proceeds to be deposited with the court. The board shall notify the Department of Health and Social Services about drugs placed under seal under this subsection.

Notes

Implemented As

12 AAC 52.350
12 AAC 52.625
12 AAC 52.685
12 AAC 52.900
12 AAC 52.910
12 AAC 52.920
12 AAC 52.930
12 AAC 52.940
12 AAC 52.950
12 AAC 52.960
12 AAC 52.970
12 AAC 52.980
12 AAC 52.991

References

12 AAC 52.920

History

(Sec. 17 ch 166 SLA 1980; am Sec. 9 ch 59 SLA 1982; am Sec. 16, 17 ch 45 SLA 1996; am Sec. 1 ch 140 SLA 2003)