§ 5-19.1-21 - Refusal, suspension and revocation of licensees.
SECTION 5-19.1-21
§ 5-19.1-21 Refusal, suspension andrevocation of licensees. The board of pharmacy, with the approval of the director, may deny, suspend,revoke or otherwise discipline the licensee upon proof that:
(1) The license was procured through fraud, misrepresentationor deceit;
(2) The licensee has violated any of the laws of this stateor the United States relating to the practice of pharmacy, drugs, controlledsubstances, cosmetics, or nonprescription drugs, or has violated any of therules and regulations of the board of pharmacy or has been convicted of afelony;
(3) A court of competent jurisdiction has determined apharmacist to be mentally incompetent; the pharmacist shall automatically havehis or her license suspended by the board upon the entry of the judgment,regardless of the pendency of an appeal;
(4) The licensee has dependence upon controlled substances orhabitual drunkenness, or rendering professional services while the licensee isintoxicated or incapacitated by the use of drugs;
(5) The licensee made and/or filed false reports or records;
(6) The licensee's conduct is incompetent, or negligent whichshall include, but not be limited to, any departure from or failure to conformto the minimal standards acceptable and prevailing pharmacy practice asdetermined by the board;
(7) The licensee has been found guilty in another state ofconduct, which, if committed in Rhode Island, would constitute grounds to deny,revoke or suspend or otherwise discipline a licensee;
(8) The licensee has violated or permitted the violation ofany provision of any state or federal law, rule or regulation governing thepossession, use, distribution or dispensing of drugs, including, but notlimited to, the violation of any provision of this chapter, chapter 28 of title21, chapter 31 of title 21, or rule or regulation of the board;
(9) The licensee has knowingly allowed any unlicensed personto take charge of a pharmacy or engage in the practice of pharmacy;
(10) The pharmacist has compounded, dispensed or caused thecompounding or dispensing of any drug or device which contains more or lessthan the equivalent quantity of ingredient or ingredients specified by theperson who prescribed such drug or device; provided, that nothing herein shallbe construed to prevent the pharmacist from exercising professional judgment inthe preparation or providing of such drugs or devices;
(11) The licensee has engaged in unprofessional conduct byfailing to maintain the standards of practice or by such other conduct asprescribed in regulation;
(12) On or after July 6, 1993, the board of pharmacy shallrefuse to grant any pharmacy license to any individual who is a practitionerauthorized to prescribe medications or to any partnership, corporation or otherentity in which practitioners authorized to prescribe medications maintain afinancial interest which, in the aggregate, exceeds ten percent (10%) of thetotal ownership of the entity or of the subject pharmacy or drug store;
(13) On or after July 1, 1994, good and sufficient causeshall exist for the refusal to renew and/or for the revocation of any pharmacylicense if, after a hearing, the board of pharmacy determines that:
(i) Practitioners with authority to prescribe medicationsmaintain a financial interest which, in the aggregate, exceeds ten percent(10%) of the total ownership of the subject pharmacy, drug store or licensee; or
(ii) More than forty percent (40%) of the prescription filledby the subject pharmacy or drug store within any three (3) month periodbeginning on or after July 1, 1994, were issued by practitioners with anyownership interest in the subject pharmacy, drug store, or licensee;
(iii) Any other causes as set forth in regulations.