Section 333.17768 - Grounds for fine, reprimand, or probation, or for denying, limiting, suspending, or revoking license or ordering restitution or community service; applicability of subsection (2)(b
PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
333.17768 Grounds for fine, reprimand, or probation, or for denying, limiting, suspending, or revoking license or ordering restitution or community service; applicability of subsection (2)(b).
Sec. 17768.
(1) In a manner consistent with part 161, the disciplinary subcommittee may fine, reprimand, or place on probation, a person licensed under this part, or deny, limit, suspend, or revoke a person's license or order restitution or community service for a violation of this part or rules promulgated under this part.
(2) In addition to the grounds set forth in subsection (1), and in a manner consistent with part 161, the board may fine, reprimand, or place on probation a person licensed under this part, or deny, limit, suspend, or revoke a license issued under this part or order restitution or community service if the board finds that any of the following categories apply to an applicant or a partner, officer, or member of the board of directors of a pharmacy, manufacturer, or wholesale distributor licensed under this part or a stockholder of a pharmacy, manufacturer, or wholesale distributor which is a privately held corporation licensed under this part:
(a) The applicant or other person described in this subsection lacks good moral character.
(b) Subject to subsection (3), the applicant or other person described in this subsection has been convicted of a misdemeanor or a felony under a state or federal law relating to a controlled substance or the practice of pharmacy.
(c) The applicant or other person described in this subsection has furnished false or fraudulent material information or has knowingly omitted material information in an application filed under this part.
(d) The applicant or other person described in this subsection has previously maintained a financial interest in a pharmacy, manufacturer, or wholesale distributor which has been denied a license or federal registration, has had its license or federal registration limited, suspended, or revoked, or been subject to any other criminal, civil, or administrative penalty.
(e) The applicant or other person described in this subsection is not in compliance with article 7 or the rules promulgated under article 7.
(3) Except for a conviction for a misdemeanor under section 7404 (2)(d) or a local ordinance that is substantially similar to section 7404 (2)(d), the reference to a misdemeanor in subsection (2)(b) applies only to a conviction for a misdemeanor that is directly related to the manufacture, delivery, possession, possession with intent to manufacture or deliver, use, distribution, prescription, or dispensing of a controlled substance. Subsection (2)(b) does not apply to a conviction for a misdemeanor based upon an unintentional error or omission involving a clerical or record-keeping function.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1987, Act 250, Imd. Eff. Dec. 28, 1987 ;-- Am. 1993, Act 79, Eff. Apr. 1, 1994
Popular Name: Act 368