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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

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

§ 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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