§ 43b.7. Schedule of civil penalties—pharmacists and pharmacies.

STATE BOARD OF PHARMACY

Violation under 35 P. S.	Title/Description	Civil Penalty
Section 637.6(a)(1)	Failure of a pharmacy permit holder to post a sign as required under section 4 of the Clean Indoor Air Act (35 P. S. §  637.4)	1st offense—$250 2nd offense (within 1 year of  1st offense)—$500 3rd offense (within 1 year of  2nd offense)—$1,000 Subsequent offenses (within  1 year of previous  offense)—$1,000
Section 637.6(a)(2)	Pharmacy permit holder permitting smoking in the pharmacy in violation of the Clean Indoor Air Act (35 P. S. § §  637.1—637.11)	1st offense—$250 2nd offense (within 1 year of  1st offense)—$500 3rd offense (within 1 year of  2nd offense)—$1,000 Subsequent offenses (within  1 year of previous  offense—$1,000
Section 637.6(a)(3)	Licensee of the Board smoking in a pharmacy in violation of the Clean Indoor Air Act	1st offense—$250 2nd offense (within 1 year of  1st offense)—$500 3rd offense (within 1 year of  2nd offense)—$1,000 Subsequent offenses (within  1 year of previous  offense)—$1,000

Violation under 49 Pa. Code Chapter 27	Title/Description	Civil Penalty
Section 27.11	Pharmacy Permit—
	(a) Lack of permit showing accurate and current information as to name and address of pharmacy and name of pharmacist manager	$100
	(b) Display, advertise or use a name other than registered name	1st offense—$100 2nd offense—$100
	(g) Failure to notify Board of change in pharmacist manager or operation of pharmacy without pharmacist manager.	1st offense—$50 per month  or part of month;  Formal action if no  compliance within 60 days  after receiving citation 2nd offense—same as 1st  offense
Section 27.14	Supplies—
	(b) Expired drugs	1st offense—Under 1 year  old—$250 1st offense—Over 1 year  old—$500 2nd offense—$1,000
	(c) Failure to maintain equipment and miscellaneous supplies	$100 each
Section 27.15	Sanitary standards
	(a) Pharmacy not in good repair or not in clean and orderly condition.	$250
	(b) Violation of health and sanitation statutes of the Commonwealth and of the municipality and county where pharmacy is located.	$250
	(c) Waste disposal violations	$250
	(d) Prescription area not dry, well ventilated and well lighted; not free from rodents or insects	$250
	(e) Plumbing not functional	$250
	(f) Unauthorized items in prescription area	$250
Section 27.16	Construction requirements—
	(b)(4) Lack of telephone	$250
	(5) Lack of required sanitary facilities	$250
	(7) Television set in prescription area not intended for pharmacy instructional use	$500
	(8) Drugs accessible to unauthorized persons; animals unrelated to pharmacy security in prescription area	$250
Section 27.18	Standards of practice—
	(a) Unsuitable containers	$100
	(b) Lack of required information on prescriptions	$100
	(d) Lack of required information on container labels	$100
Section 27.31	Biennial renewal—(c) practicing on a lapsed license or permit	0-4 months—$50 per month;  over 4 months—8  months—$100 per month;  over 9 months—12  months—$200 per month;  over 1 year—formal  action

Violation under 28 Pa. Code Chapter 25	Title/Description	Civil Penalty
Section 25.55(d)	Improper generic substitution
	Five to nine	$250
	10 or more	$500
Section 25.55(e)	Failure to refill prescription with the identical product without authorization from prescriber and patient	$100
Section 25.56(a)	Improper filing of Schedule II prescriptions	$100
Section 25.56(b)	Improper filing of Schedule III, IV, V prescriptions	$100
Section 25.63(b)	Inadequate security for controlled substances	$250
Section 25.92	Lack of lot numbers required on stock items	$100
Section 25.94	Lack of expiration date on label of dispensed drugs of less than 1 year’s potency.	$100

Authority

   The provisions of this §  43b.7 amended under the act of July 2, 1993 (P.L. 345, No. 48).

Source

   The provisions of this §  43b.7 amended March 2, 2001, effective March 3, 2001, 31 Pa.B. 1227; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7673. Immediately preceding text appears at serial pages (325189) to (325191).

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