20 CSR 2220-2.160 - Definition of Disciplinary Actions
PURPOSE: This rule defines disciplinary actions which may be imposed by the Missouri Board of Pharmacy.
(1) The Missouri Board of Pharmacy may
publish or cause to be published all disciplines of certificates of
registration or licenses or both, including the name of the licensee, the
license number, the terms of discipline and a summary of the Findings of Fact
and Conclusions of Law of the Administrative Hearing Commission, in any
professional journal or newsletter read by licensed pharmacists practicing in
Missouri or in any newspaper of general circulation or both.
(2) The Missouri Board of Pharmacy may
publicize the terms of disciplinary agreements, including the name of the
licensee, the license number and a summary of the complaint, in any
professional journal or newsletter read by licensed pharmacists practicing in
Missouri or in any newspaper of general circulation.
(3) Any licensee whose certificate of
registration, license to practice pharmacy, or both, has been revoked or
suspended shall-
(A) Surrender his/her
certificate of registration or license, or both, to the Missouri Board of
Pharmacy to be held by the Missouri Board of Pharmacy for the duration of the
suspension period;
(B) Refrain from
misrepresenting the status of his/her license to practice pharmacy to any
patient or to the general public; and
(C) Refrain from maintaining a physical
presence in any location which is licensed as a pharmacy in Missouri during the
period of suspension, except as a customer.
(4) The Missouri Board of Pharmacy may impose
any other terms or requirements which, in its discretion, it may deem necessary
to enforce an order of discipline.
(5) Any violation of a disciplinary order
shall constitute grounds for the Missouri Board of Pharmacy to impose further
discipline or terms on the licensee's certificate of registration, license to
practice pharmacy, or both.
(6) Any
violation of a disciplinary agreement shall constitute grounds for the Missouri
Board of Pharmacy to impose a further period of discipline unless the
disciplinary agreement provides otherwise.
(7) If at any time when any disciplinary
sanctions have been imposed under section
338.055,
RSMo or under any provision, the licensee removes him/herself from Missouri,
ceases to be currently licensed under the provisions of sections
338.010-338.310, RSMo or fails to keep the Missouri Board of Pharmacy advised
of his/her current place of employment and residence, the time of his/her
absence or unlicensed status or unknown whereabouts may, at the discretion of
the board, not be deemed or taken as any part of the time of discipline so
imposed.
(8) The provisions of this
rule are declared severable. If any portion of this rule is held invalid by a
court of competent jurisdiction, the remaining provisions of this rule shall
remain in full force and effect, unless otherwise determined by a court of
competent jurisdiction.
Notes
*Original authority: 338.140, RSMo 1939, amended 1981, 1986 and 338.280, RSMo 1951, amended 1971, 1981.
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