SECTION 281.65. Schedule of Administrative Penalties

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) failing to provide patient counseling: $1,000;

(B) failing 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): $1,000;

(C) failing to clarify a prescription with the prescriber: $1,000;

(D) failing to properly supervise or improperly delegating a duty to a pharmacy technician: $1,000;

(E) failing to identify the dispensing pharmacist on required pharmacy records: $500;

(F) failing to maintain records of prescriptions: $500;

(G) failing to respond or failing 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) failing 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) 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 or a contract under the program to aid impaired pharmacists or pharmacy students under Chapter 564 of the Act: $500;

(M) failing to report or to assure the report of a malpractice claim: $1,000;

(N) practicing pharmacy with a delinquent license: $500;

(O) operating a pharmacy with a delinquent license: $1,000;

(P) allowing an individual to perform the duties of a pharmacy technician without a valid registration: $1,000;

(Q) 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: $2,500;

(R) unauthorized substitutions: $1,000;

(S) submitting false or fraudulent claims to third parties for reimbursement of pharmacy services: $1,000;

(T) selling, purchasing, or trading, or offering to sell, purchase, or trade of misbranded prescription drugs or prescription drugs beyond the manufacturer's expiration date: $1,000;

(U) selling, purchasing, or trading, or offering to sell, purchase, or trade of prescription drug samples as provided by §281.7(a)(26) of this title (relating to Grounds for Discipline for a Pharmacist License): $1,000;

(V) failing to keep, maintain or furnish an annual inventory as required by §291.17 of this title (relating to Inventory Requirements): $1,000;

(W) failing to obtain training on the preparation of sterile pharmaceutical compounding: $1,000;

(X) failing to maintain the confidentiality of prescription records: $1,000;

(Y) failing to inform the board of any notification or information required to be reported by the Act or rules: $500;

(Z) failing to operate a pharmacy as provided by §291.11 of this title (relating to Operation of a Pharmacy): $1,000;

(AA) accessing information submitted to the Prescription Monitoring Program in violation of §481.076 of the Controlled Substances Act: $1,000 - $2,500; and

(BB) failing to access the Prescription Monitoring Program for a patient's information before dispensing opioids, benzodiazepines, barbiturates, or carisoprodol: $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) failing to provide patient counseling: $1,500;

(B) failing to conduct a drug regimen review or inappropriate drug regimen reviews provided by §291.33(c)(2)(A) of this title: $1,500;

(C) failing to clarify a prescription with the prescriber: $1,500;

(D) failing to properly supervise or improperly delegating a duty to a pharmacy technician: $1,500;

(E) failing to identify the dispensing pharmacist on required pharmacy records: $500;

(F) failing to maintain records of prescriptions: $500;

(G) failing 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) following an accountability audit, shortages of prescription drugs: dependent on the quantity involved with a minimum of $1,000;

(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;

(M) failing to report or to assure the report of a malpractice claim: $1,500;

(N) allowing a pharmacist to practice pharmacy with a delinquent license: $1,000;

(O) operating a pharmacy with a delinquent license: $1,000;

(P) allowing an individual to perform the duties of a pharmacy technician without a valid registration: $3,000;

(Q) failing to comply with the reporting requirements to the Prescription Monitoring Program: $1,000;

(R) 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: $5,000;

(S) unauthorized substitutions: $1,000;

(T) submitting false or fraudulent claims to third parties for reimbursement of pharmacy services: $1,000;

(U) 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: $1,000;

(V) 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): $1,000;

(W) failing to keep, maintain or furnish an annual inventory as required by §291.17 of this title: $2,500;

(X) failing to obtain training on the preparation of sterile pharmaceutical compounding: $2,000;

(Y) failing to maintain the confidentiality of prescription records: $1,000;

(Z) failing to inform the board of any notification or information required to be reported by the Act or rules: $1,000;

(AA) failing to operate a pharmacy as specified in §291.11 of this title: $3,000; and

(BB) operating a Class E or Class E-S pharmacy without a Texas licensed pharmacist-in-charge: $1,000.

(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) failing to respond or failing 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) failing 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) violating a disciplinary Order of the Board: $250;

(D) performing the duties of a pharmacy technician without a valid registration: $250;

(E) failing to obtain training on the preparation of sterile pharmaceutical compounding: $500;

(F) failing to maintain the confidentiality of prescription records: $500;

(G) failing to inform the board of any notification or information required to be reported by the Act or rules: $250; and

(H) accessing information submitted to the Prescription Monitoring Program in violation of §481.076 of the Controlled Substances Act: $500 - $2,000.

(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 title (relating to Definitions of Discipline Authorized).

(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 aggravating and mitigating factors in §281.62 of this title (relating to Aggravating and Mitigating Factors);

(C) the amount necessary to deter a future violation; and

(D) any 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; amended to be effective December 19, 2016, 41 TexReg 9933; amended to be effective June 11, 2017, 42 TexReg 2928; amended to be effective December 6, 2018, 43 TexReg 7770; amended to be effective September 9, 2020, 45 TexReg 6236