R156-17b-402. Administrative Penalties

  In accordance with Subsection 58-17b-401(6) and Sections 58-17b-501 and 58-17b-502, unless otherwise ordered by the presiding officer, the following fine and citation schedule shall apply:

  (1) preventing or refusing to permit any authorized agent of the Division to conduct an inspection, in violation of Subsection 58-17b-501(1):

  initial offense: $500 - $2,000

  subsequent offense(s): $5,000

  (2) failing to deliver the license or permit or certificate to the Division upon demand, in violation Subsection 58-17b-501(2):

  initial offense: $100 - $1,000

  subsequent offense(s): $500 - $2,000

  (3) using the title pharmacist, druggist, pharmacy intern, pharmacy technician, pharmacy technician trainee or any other term having a similar meaning or any term having similar meaning when not licensed to do so, in violation of Subsection 58-17b-501(3)(a):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,000 - $10,000

  (4) conducting or transacting business under a name that contains as part of that name the words drugstore, pharmacy, drugs, medicine store, medicines, drug shop, apothecary, prescriptions or any other term having a similar meaning or in any manner advertising otherwise describing or referring to the place of the conducted business or profession when not licensed to do so, in violation of Subsection 58-17b-501(3)(b):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,000 - $10,000

  (5) buying, selling, causing to be sold, or offering for sale any drug or device that bears the inscription sample, not for resale, investigational purposes, or experimental use only or other similar words inspection, in violation of Subsection 58-17b-501(4):

  initial offense: $1,000 - $5,000

  subsequent offense(s): $10,000

  (6) using to the licensee's own advantage or revealing to anyone other than the Division, Board or its authorized representatives, any information acquired under the authority of this chapter concerning any method or process that is a trade secret, in violation of Subsection 58-17b-501(5):

  initial offense: $100 - $500

  subsequent offense(s): $200 - $1,000

  (7) illegally procuring or attempting to procure any drug for the licensee or to have someone else procure or attempt to procure a drug, in violation of Subsection 58-17b-501(6):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,000 - $10,000

  (8) filling, refilling or advertising the filling or refilling of prescription drugs when not licensed do to so, in violation of Subsection 58-17b-501(7):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,000 - $10,000

  (9) requiring any employed pharmacist, pharmacy intern, pharmacy technician, pharmacy technician trainee or authorized supportive personnel to engage in any conduct in violation of this chapter, in violation of Subsection 58-17b-501(8):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (10) being in possession of a drug for an unlawful purpose, in violation of Subsection 58-17b-501(9):

  initial offense: $500 - $1,000

  subsequent offense(s): $1,500 - $5,000

  (11) dispensing a prescription drug to anyone who does not have a prescription from a practitioner or to anyone who is known or should be known as attempting to obtain drugs by fraud or misrepresentation, in violation of Subsection 58-17b-501(10):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (12) selling, dispensing or otherwise trafficking in prescription drugs when not licensed to do so or when not exempted from licensure, in violation of Subsection 58-17b-501(11):

  initial offense: $1,000 - $5,000

  subsequent offense(s): $10,000

  (13) using a prescription drug or controlled substance for the licensee that was not lawfully prescribed for the licensee by a practitioner, in violation of Subsection 58-17b-501(12):

  initial offense: $100 - $500

  subsequent offense(s): $1,000 - $2,5000

  (14) willfully deceiving or attempting to deceive the Division, the Board or its authorized agents as to any relevant matter regarding compliance under this chapter, in violation of Subsection 58-17b-502(1):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (15) paying rebates to practitioners or any other health care provider, or entering into any agreement with a medical practitioner or any other person for the payment or acceptance of compensation for recommending the professional services of either party, in violation of Subsection 58-17b-502(2):

  initial offense:$2,500 - $5,000

  subsequent offense(s):$5,500 - $10,000

  (16) misbranding or adulteration of any drug or device or the sale, distribution or dispensing of any outdated, misbranded, or adulterated drugs or devices, in violation of Subsection 58-17b-502(3):

  initial offense: $1,000 - $5,000

  subsequent offense(s): $10,000

  (17) engaging in the sale or purchase of drugs that are samples or packages bearing the inscription "sample" or "not for resale" or similar words or phrases, in violation of Subsection 58-17b-502(4):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (18) accepting back and redistributing any unused drugs, with the exception as provided in Section 58-17b-503, in violation of Subsection 58-17b-502(5):

  initial offense: $1,000 - $5,000

  subsequent offense(s): $10,000

  (19) engaging in an act in violation of this chapter committed by a person for any form of compensation if the act is incidental to the person's professional activities, including the activities of a pharmacist, pharmacy intern, pharmacy technician, or pharmacy technician trainee in violation of Subsection 58-17b-502(6):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (20) violating Federal Title II, PL 91, Controlled Substances Act or Title 58, Chapter 37, Utah Controlled Substances Act, or rules and regulations adopted under either act, in violation of Subsection 58-17b-502(7):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (21) requiring or permitting pharmacy interns, pharmacy technicians, or pharmacy technician trainees to engage in activities outside the scope of practice for their respective license classifications, or beyond their scopes of training and ability, in violation of Subsection 58-17b-502(8):

  initial offense: $100 - $500

  subsequent offense(s): $500 - $1,000

  (22) administering without appropriate training, guidelines, lawful order, or in conflict with a practitioner's written guidelines or protocol for administering, in violation of Subsection 58-17b-502(9):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,000 - $10,000

  (23) disclosing confidential patient information in violation of the provision of the Health Insurance Portability and Accountability Act of 1996 or other applicable law, in violation of Subsection 58-17b-502(10):

  initial offense: $100 - $500

  subsequent offense(s): $500 - $1,000

  (24) engaging in the practice of pharmacy without a licensed pharmacist designated as the PIC, in violation of Subsection 58-17b-502(11):

  initial offense: $100 - $500

  subsequent offense(s): $2,000 - $10,000

  (25) failing to report to the Division any adverse action taken by another licensing jurisdiction, government agency, law enforcement agency or court, in violation of Subsection 58-17b-502(12):

  initial offense: $100 - $500

  subsequent offense(s): $500 - $1,000

  (26) preparing a prescription drug in a dosage form that is regularly and commonly available from a manufacturer in quantities and strengths prescribed by a practitioner, in violation of Subsection 58-17b-502(13):

  initial offense: $500 - $1,000

  subsequent offense(s): $2,500 - $5,000

  (27) failing to act in accordance with Title 26, Chapter 62, Family Planning Access Act, when dispensing a self-administered hormonal contraceptive under a standing order, in violation of Subsection 58-17b-502(14):

  initial offense: $100 - $500

  subsequent offense(s): $500 - $1,000

  (28) violating any ethical code provision of the American Pharmaceutical Association Code of Ethics for Pharmacists, October 27, 1994, in violation of Subsection R156-17b-502(1):

  initial offense: $250 - $500

  subsequent offense(s): $2,000 - $10,000

  (29) failing to comply with USP-NF Chapter 795 guidelines, in violation of Subsection R156-17b-502(2):

  initial offense: $250 - $500

  subsequent offense(s): $500 - $750

  (30) failing to comply with USP-NF Chapter 797 guidelines, in violation of Subsection R156-17b-502(2):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (31) failing to comply with the continuing education requirements set forth in this rule, in violation of Subsection R156-17b-502(3):

  initial offense: $100 - $500

  subsequent offense(s): $500 - $1,000

  (32) failing to provide the Division with a current mailing address within 10 days following any change of address, in violation of Subsection R156-17b-502(4):

  initial offense: $50 - $100

  subsequent offense(s): $200 - $300

  (33) defaulting on a student loan, in violation of Subsection R156-17b-502(5):

  initial offense: $100 - $200

  subsequent offense(s): $200 - $500

  (34) failing to abide by all applicable federal and state law regarding the practice of pharmacy, in violation of Subsection R156-17b-502(6):

  initial offense: $500 - $1,000

  subsequent offense(s): $2,000 - $10,000

  (35) failing to comply with administrative inspections, in violation of Subsection R156-17b-502(7):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,000 - $10,000

  (36) failing to return a self-inspection report according to the deadline established by the Division, or providing false information on a self-inspection report, in violation of Subsection R156-17b-502(8):

  initial offense: $100 - $250

  subsequent offense(s): $300 - $500

  (37) violating the laws and rules regulating operating standards in a pharmacy discovered upon inspection by the Division, in violation of Subsection R156-17b-502(9):

  initial violation: $50 - $100

  failure to comply within determined time: $250 - $500

  subsequent violations: $250 - $500

  failure to comply within established time: $750 - $1,000

  (38) abandoning a pharmacy and/or leaving drugs accessible to the public, in violation of Subsection R156-17b-502(10):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,000 - $10,000

  (39) failing to identify license classification when communicating by any means, in violation of Subsection R156-17b-502(11):

  initial offense: $100 - $500

  subsequent offense(s): $500 - $1,000

  (40) failing to maintain an appropriate ratio of personnel, in violation of Subsection R156-17b-502(12):

  Pharmacist initial offense: $100 - $250

  Pharmacist subsequent offense(s): $500 - $2,500

  Pharmacy initial offense: $250 - $1,000

  Pharmacy subsequent offense(s): $500 - $5,000

  (41) allowing any unauthorized persons in the pharmacy, in violation of Subsection R156-17b-502(13):

  Pharmacist initial offense: $50 - $100

  Pharmacist subsequent offense(s): $250 - $500

  Pharmacy initial offense: $250 - $500

  Pharmacy subsequent offense(s): $1,000 - $2,000

  (42) failing to offer to counsel any person receiving a prescription medication, in violation of Subsection R156-17b-502(14):

  Pharmacy personnel initial offense: $500 - $2,500

  Pharmacy personnel subsequent offense(s): $5,000 - $10,000

  Pharmacy: $2,000 per occurrence

  (43) failing to pay an administrative fine within the time designated by the Division, in violation of Subsection R156-17b-502(15):

  Double the original penalty amount up to $10,000

  (44) failing to comply with the PIC or DMPIC standards as established in Section R156-17b-603, in violation of Subsection R156-17b-502(16):

  initial offense: $500 - $2,000

  subsequent offense(s) $2,000 - $10,000

  (45) failing to take appropriate steps to avoid or resolve identified drug therapy management problems as referenced in Subsection R156-17b-611(3), in violation of Subsection R156-17b-502(17):

  initial offense: $500 - $2,500

  subsequent offense: $5,000 - $10,000

  (46) dispensing a medication that has been discontinued by the FDA, in violation of Subsection R156-17b-502(18):

  initial offense: $100 - $500

  subsequent offense: $200 - $1,000

  (47) failing to keep or report accurate records of training hours, in violation of Subsection R156-17b-502(19):

  initial offense: $100 - $500

  subsequent offense: $200 - $1,000

  (48) failing to provide PIC or DMPIC information to the Division within 30 days of a change in PIC or DMPIC, in violation of Subsection R156-17b-502(20):

  initial offense: $100 - $500

  subsequent offense: $200 - $1,000

  (49) requiring a pharmacy, PIC, or any other pharmacist to operate a pharmacy with unsafe personnel ratio, in violation of Subsection R156-17b-502(21):

  initial offense: $500 - $2,000

  subsequent offense: $2,000 - $10,000

  (50) failing to update the Division within seven calendar days of any change in the email address designated for use in self-audits or pharmacy alerts, in violation of Subsection R156-17b-502(22):

  Pharmacist initial offense: $100 - $300

  Pharmacist subsequent offense(s): $500 - $1,000

  Pharmacy initial offense: $250 - $500

  Pharmacy subsequent offense(s): $500 - $1,250

  (51) practicing or attempting to practice as a pharmacist, pharmacist intern, pharmacy technician, or pharmacy technician trainee or operating a pharmacy without a license, in violation of Subsection 58-1-501(1)(a):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,000 - $10,000

  (52) impersonating a licensee or practicing under a false name, in violation of Subsection 58-1-501(1)(b):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,000 - $10,000

  (53) knowingly employing an unlicensed person, in violation of Subsection 58-1-501(1)(c):

  initial offense: $500 - $1,000

  subsequent offense(s): $1,000 - $5,000

  (54) knowingly permitting the use of a license by another person, in violation of Subsection 58-1-501(1)(d):

  initial offense: $500 - $1,000

  subsequent offense(s): $1,000 - $5,000

  (55) obtaining a passing score, applying for or obtaining a license or otherwise dealing with the Division or Board through the use of fraud, forgery, intentional deception, misrepresentation, misstatement, or omission, in violation of Subsection 58-1-501(1)(e):

  initial offense: $100 - $2,000

  subsequent offense(s): $2,000 - $10,000

  (56) issuing a prescription without prescriptive authority conferred by a license or an exemption to licensure, in violation of Subsection 58-1-501(1)(f)(i)(A)and 58-1-501(2)(m)(i):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,000 - $10,000

  (57) issuing a prescription without prescriptive authority conferred by a license or an exemption to licensure without obtaining information sufficient to establish a diagnosis, identify underlying conditions and contraindications to treatment in a situation other than an emergency or an on-call cross coverage situation, in violation of Subsection 58-1-501(1)(f)(i)(B)and 58-1-501(2)(m)(ii):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,000 - $10,000

  (58) violating or aiding or abetting any other person to violate any statute, rule or order regulating pharmacy, in violation of Subsection 58-1-501(2)(a):

  initial offense: $100 - $2,000

  subsequent offense(s): $2,000 - $10,000

  (59) violating or aiding or abetting any other person to violate any generally accepted professional or ethical standard, in violation of Subsection 58-1-501(2)(b):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,000 - $10,000

  (60) engaging in conduct that results in conviction of, or a plea of nolo contendere, or a plea of guilty or nolo contendere held in abeyance to a crime, in violation of Subsection 58-1-501(2)(c):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,000 - $10,000

  (61) engaging in conduct that results in disciplinary action by any other jurisdiction or regulatory authority, that if the conduct had occurred in this state, would constitute grounds for denial of licensure or disciplinary action, in violation of Subsection 58-1-501(2)(d):

  initial offense: $100 - $500

  subsequent offense(s): $200 - $1,000

  (62) engaging in conduct, including the use of intoxicants, drugs, or similar chemicals, to the extent that the conduct does or may impair the ability to safely engage in practice as a pharmacist, pharmacy intern, pharmacy technician, or pharmacy technician trainee, in violation of Subsection 58-1-501(2)(e):

  initial offense: $100 - $500

  subsequent offense(s): $200 - $1,000

  (63) practicing or attempting to practice as a pharmacist, pharmacy intern, pharmacy technician, or pharmacy technician trainee when physically or mentally unfit to do so, in violation of Subsection 58-1-501(2)(f):

  initial offense: $100 - $500

  subsequent offense(s): $200 - $1,000

  (64) practicing or attempting to practice as a pharmacist, pharmacy intern, pharmacy technician, or pharmacy technician trainee through gross incompetence, gross negligence or a pattern of incompetency or negligence, in violation of Subsection 58-1-501(2)(g):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,000 - $10,000

  (65) practicing or attempting to practice as a pharmacist, pharmacy intern, pharmacy technician, or pharmacy technician trainee by any form of action or communication that is false, misleading, deceptive or fraudulent, in violation of Subsection 58-1-501(2)(h):

  initial offense: $100 - $500

  subsequent offense(s): $200 - $1,000

  (66) practicing or attempting to practice as a pharmacist, pharmacy intern, pharmacy technician, or pharmacy technician trainee beyond the individual's scope of competency, abilities or education, in violation of Subsection 58-1-501(2)(i):

  initial offense: $100 - $500

  subsequent offense(s): $200 - $1,000

  (67) practicing or attempting to practice as a pharmacist, pharmacy intern, pharmacy technician, or pharmacy technician trainee beyond the scope of licensure, in violation of Subsection 58-1-501(2)(j):

  initial offense: $100 - $500

  subsequent offense(s): $200 - $1,000

  (68) verbally, physically or mentally abusing or exploiting any person through conduct connected with the licensee's practice, in violation of Subsection 58-1-501(2)(k):

  initial offense: $100 - $1,000

  subsequent offense(s): $500 - $2,000

  (69) acting as a supervisor without meeting the qualification requirements for that position as defined by statute or rule, in violation of Subsection 58-1-501(2)(l):

  initial offense: $100 - $500

  subsequent offense(s): $200 - $1,000

  (70) violating a provision of Section 58-1-501.5, in violation of Subsection 58-1-501(2)(n):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,000 - $10,000

  (71) surrendering licensure to any other licensing or regulatory authority having jurisdiction over the licensee or applicant in the same occupation or profession while an investigation or inquiry into allegations of unprofessional or unlawful conduct is in progress or after a charging document has been filed against the applicant or licensee alleging unprofessional or unlawful conduct, in violation of Subsection R156-1-501(1):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (72) practicing a regulated occupation or profession in, through, or with a limited liability company that has omitted the words, "limited company," "limited liability company," or the abbreviation "L.C." or "L.L.C." in the commercial use of the name of the limited liability company, in violation of Subsection R156-1-501 (2):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (73) practicing a regulated occupation or profession in, through, or with a limited partnership that has omitted the words, "limited partnership," "limited," or the abbreviation "L.P." or "Ltd." in the commercial use of the name of the limited partnership, in violation of Subsection R156-1-501(3):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (74) practicing a regulated occupation or profession in, through, or with a professional corporation that has omitted the words "professional corporation" or the abbreviation "P.C." in the commercial use of the name of the professional corporation, in violation of Subsection R156-1-501(4):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (75) using a capitalized DBA (doing-business-as name) that has not been properly registered with the Division of Corporations and with the Division of Occupational and Professional Licensing, in violation of Subsection R156-1-501(5):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (76) failing, as a prescribing practitioner, to follow the "Model Policy for the Use of Controlled Substances for the Treatment of Pain," May 2004, established by the Federation of State Medical Boards of the United States, Inc., which is hereby adopted and incorporated by reference, in violation of R156-1-501(6):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (77) engaging in prohibited acts as defined in Section 58-37-8, in violation of Section 58-37-8:

  initial offense: $1,000 - $5,000

  subsequent offense(s) $5,000 - $10,000

  (78) self-prescribing or self-administering by a licensee of any Schedule II or Schedule III controlled substance that is not prescribed by another practitioner having authority to prescribe the drug, in violation of Subsection R156-37-502(1)(a):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (79) prescribing or administering a controlled substance for a condition that the licensee is not licensed or competent to treat, in violation of Subsection R156-37-502(1)(b):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (80) violating any federal or state law relating to controlled substances, in violation of Subsection R156-37-502(2):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (81) failing to deliver to the Division all controlled substance certificates issued by the Division, to the Division, upon an action that revokes, suspends, or limits the license, in violation of R156-37-502(3):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (82) failing to maintain controls over controlled substances that would be considered by a prudent licensee to be effective against diversion, theft, or shortage of controlled substances, in violation of Subsection R156-37-502(4):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (83) being unable to account for shortages of controlled substances in any controlled substances inventory for which the licensee has responsibility, in violation of Subsection R156-37-502(5):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (84) knowingly prescribing, selling, giving away, or administering, directly or indirectly, or offering to sell, furnish, give away, or administer any controlled substance to a drug dependent person, as defined in Subsection 58-37-2(1)(s), except for legitimate medical purposes as permitted by law, in violation of Subsection R156-37-502(6):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (85) refusing to make available for inspection controlled substance stock, inventory, and records as required under this rule or other law regulating controlled substances and controlled substance records, in violation of Subsection R156-37-502(7):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (86) failing to submit controlled substance prescription information to the database manager after being notified in writing to do so, in violation of Subsection R156-37-502(8):

  initial offense: $500 - $2,000

  subsequent offense(s): $2,500 - $10,000

  (87) any other conduct that constitutes unprofessional or unlawful conduct:

  initial offense: $100 - $500

  subsequent offense(s): $200 - $1,000

  (88) if licensed as a DMP or DMP clinic pharmacy, delegating the dispensing of a drug to a DMP designee who has not completed a formal or on-the-job dispensing training program that meets standards established in Section R156-17b-622, in violation of Subsection R156-17b-502 (25):

  initial offense: $500 - $2,000

  subsequent offense: $2,500 - $10,000