24.174.2301    UNPROFESSIONAL CONDUCT

(1) The board defines "unprofessional conduct" as follows:

(a) engaging in any activity which violates state and federal statutes and rules governing the practice of pharmacy;

(b) dispensing an outdated or questionable product;

(c) dispensing a cheaper product and charging for a more expensive product;

(d) charging for more dosage units than are actually dispensed;

(e) altering prescriptions or other records which the law requires pharmacies and pharmacists to maintain;

(f) dispensing medication without proper authorization;

(g) defrauding any persons or government agency receiving pharmacy services;

(h) placing a signature on any affidavit pertaining to any phase of the practice of pharmacy which the pharmacist knows to contain false information;

(i) any act performed in the practice of pharmacy which is hostile to the public health and which is knowingly committed by the holder of a license;

(j) buying, selling, purchasing or trading any prescription drug samples or offering to sell, purchase or trade drug samples. A "drug sample," as used herein, is defined to mean a unit of a prescription drug which is not intended to be sold and is intended to promote the sale of a drug;

(k) conviction, including conviction following a plea of nolo contendere, of an offense involving moral turpitude, whether misdemeanor or felony, and whether or not an appeal is pending;

(l) fraud, misrepresentation, deception or concealment of a material fact in applying for or securing a license, or license renewal, or in taking an examination required for licensure; as used herein, "material" means any false or misleading statement or information;

(m) use of a false, fraudulent or deceptive statement in any document connected with the practice of pharmacy;

(n) having been subject to disciplinary action of another state or jurisdiction against a license or other authorization to practice pharmacy, based upon acts or conduct by the licensee similar to acts or conduct that would constitute grounds for disciplinary actions under Title 37, chapter 7, MCA or these rules; a certified copy of the record of the action taken by the other state or jurisdiction is evidence of unprofessional conduct.

(o) willful disobedience of a rule adopted by the board, or an order of the board regarding evaluation or enforcement of discipline of a licensee;

(p) habitual intemperance or excessive use of an addictive drug, alcohol or any other substance to the extent that the use impairs the user physically or mentally;

(q) failing to furnish to the board or its investigators or representatives information legally requested by the board.

(r) failing to cooperate with a lawful investigation conducted by the board;

(s) conviction or violation of a federal or state law regulating the possession, distribution or use of a controlled substance, as defined by the federal food and drug administration or successors, whether or not an appeal is pending;

(t) failure to transfer pertinent and necessary patient records to another licensed pharmacy, the patient or the patient's representative when requested to do so by the patient or the patient's legally designated representative;

(u) failure to comply with an agreement the licensee has entered into with the impaired pharmacist program; and

(v) failure to follow policies or procedures defined in the practice situation to safeguard patient care.

 

History: 37-1-319, 37-7-201, MCA; IMP, 37-1-316, MCA; NEW, 1981 MAR p. 625, Eff. 6/26/81; AMD, 1989 MAR p. 1193, Eff. 8/18/89; AMD, 1998 MAR p. 3103, Eff. 11/20/98; AMD, 2001 MAR p. 783, Eff. 5/11/01; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2024 MAR p. 84, Eff. 1/13/24.