172 Neb. Admin. Code, ch. 128, § 008

Current through September 17, 2024

Section 172-128-008 - UNPROFESSIONAL CONDUCT

Unprofessional conduct includes those acts set out in Neb. Rev. Stat. § 38-179 and this chapter.

(A) Refusal to cooperate or furnish requested information during a licensing or discipline investigation by the Department ;

(B) Any departure from or failure to conform to the ethics of the pharmacy profession, which code of ethics were adopted by the membership of the American Pharmacists Association on October 27, 1994;

(C) Misrepresenting one's credentials in an application submitted to a healthcare facility, insurance company, or prospective employer;

(D) Refusal to provide professional service to a person because of such person's race, color, religion, sex, ancestry, age, familial status, disability, or national origin;

(E) Refusal to undergo a competency evaluation as required by the Board of Pharmacy;

(F) Failure to ensure a verbal offer to counsel is made, unless specifically exempt as provided in Neb. Rev. Stat. § 38-2869(2)(e);

(G) Willfully or negligently violating the confidentiality between a pharmacist and a patient, except as allowed by law;

(H) Except as otherwise permitted by law, dispensing, selling, administering, distributing, ordering, or giving to a person, known by the pharmacist to be an addict or any person previously drug dependent, any drug legally classified as a controlled substance;

(I) Exercising influence on the patient in such a manner as to exploit the patient for the financial gain of the pharmacist or of a third party, which includes, but is not limited to, the promotion or sale of services, goods, drugs, devices, or biologicals;

(J) Refusal to allow access to the records appropriate to practice pharmacy in a facility and required to be kept as set out in 175 NAC 8;

(K) Return of dispensed drugs or devices to saleable stock, unless specifically allowed by law;

(L) Dispensing, selling, or administering anabolic steroids to a person for other than therapeutic purposes;

(M) Practicing pharmacy under a false or assumed name;

(N) Lack of appropriate direction, collaboration, or supervision of any person employed by, supervised by or assigned to the pharmacist;

(O) Claiming credit for any continuing competency activities not actually participated in and earned;

(P) Any false or misleading statement on a pharmacy self-inspection form.

172 Neb. Admin. Code, ch. 128, § 008

Amended effective 11/3/2020