Section 390-8 - Unlawful actsIt shall be unlawful for:
(1) Any person to procure or attempt to procure a license, permit or certificate for himself or for any other person by making or causing to be made any false representations.(2) Any person not duly licensed as a pharmacist, pursuant to section 3 hereof, to engage in the practice of pharmacy, including the preparing, compounding, dispensing, selling or distributing at retail to any person any drug, except by a pharmacy intern or such other authorized personnel under the direct and immediate personal supervision of a pharmacist: Provided, however, That nothing herein shall be construed to prevent a duly licensed medical practitioner from dispensing, compounding or otherwise giving any drug to his own patients after diagnosis or treatment of said patient, if such compounding, preparing and dispensing is done by said licensee himself, nor shall anything herein prevent any person from selling or distributing at retail household remedies or proprietary medicines when the same are offered for sale or sold in the original packages which have been put up ready for sale to consumers, provided household remedies or proprietary medicines shall not include any controlled substances or non-proprietary drug under the act of April 14, 1972 (P.L. 233, No. 64), known as "The Controlled Substance, Drug, Device and Cosmetic Act." (2.1) Any pharmacist to dispense an emergency prescription, unless:(i) The pharmacist first attempts to obtain an authorization from the authorized prescriber and cannot obtain the authorization.(ii) The drug which is the subject of the refill is not a controlled dangerous substance.(iii) The drug which is the subject of the refill is essential to the maintenance of life.(iv) The drug which is the subject of the refill is essential to the continuation of therapy in chronic conditions, and, in the pharmacist's professional judgment, the interruption of the therapy reasonably might produce an undesirable health consequence, be detrimental to the patient's welfare or cause physical or mental discomfort.(v) The pharmacist enters on the back of the prescription or on another appropriate, uniformly maintained and readily retrievable record, the date and quantity of the refill, and, in addition, the pharmacist signs the refill.(vi) The pharmacist provides only one refill of the prescription and the quantity of that refill is in conformity with the prescribed directions for use, but limited to a seventy-two hour emergency supply. If the prescription is not dispensed or sold in a seventy-two hour supply, an amount not to exceed a thirty-day emergency supply may be dispensed or sold.(vii) Within seventy-two hours of dispensing the refill, the pharmacist notifies the prescriber that an emergency prescription has been dispensed. (3) Any unlicensed person to operate or conduct, or to have charge of or to supervise any pharmacy, for a violation of this section, the owner of said pharmacy shall be equally liable as principal.(4) Any person to represent himself to be licensed under this act when in fact he is not.(5) Any person to knowingly prevent or refuse to permit any member of the board, or its duly authorized agents, to enter a pharmacy or any other place where drugs or devices are kept, stored, dispensed or distributed to a consumer, for the purpose of lawful inspection or other purposes in accordance with the provisions of this act and regulations pursuant thereto.(6) Any person whose license, permit or certificate has been revoked, suspended or refused renewal to fail to deliver the license permit or certificate to the board upon demand.(7) Any person to sell at auction drugs or devices in bulk or in open or unopened packages, unless such sale has been approved in advance by the board and unless such sale shall be under the personal supervision of a licensed pharmacist appointed by the board and whose fee shall be paid by the seller thereof.(8) Any person, firm or corporation to use the title "pharmacist", "assistant pharmacist", "druggist", "apothecary", except a person duly licensed as a pharmacist in Pennsylvania, or any person to conduct or transact business under a name which contains as part thereof the words "drug store", "pharmacy", "drugs", "medicine store", "medicines", "drug shop," "apothecary," "pharmaceutical," "homeopathic," "homeopathy" or any term having a similar meaning, or in any manner by advertisement, display of show globes or otherwise describe or refer to the place of the conducted business or person, unless the place is a pharmacy duly issued a permit by the State Board of Pharmacy.(9) Any person who buys, sells or causes to be sold or offers for sale any drug or device which bears or which package bears, or originally did bear, the inscription "sample" or "not for resale" or "for investigational or experimental use only" or other similar words, except where a cost is incurred in the bona fide acquisition of an investigational or experimental drug.(10) Any person using to his own advantage or revealing to anyone other than the board, its duly authorized representatives, or to the courts, when relevant to any judicial proceeding under this act, any information acquired under authority of this act or concerning any method or process which is a trade secret.(11) Any pharmacist or owner of a pharmacy advertising or promoting prices for drug and pharmaceutical service to the public which do not conform to Federal laws or regulations.(12) Any person who knowingly and willfully forges or counterfeits upon any goods, wares or merchandise the private stamps or labels of any mechanic or manufacturer, with intent to defraud the purchasers or manufacturers of any goods, wares or merchandise, or keeps in possession or conceals any goods, wares or merchandise bearing forged or counterfeited private stamps or labels of any mechanic or manufacturer, with intent to defraud the purchasers or manufacturers of any goods, wares or merchandise, or keeps in control, custody or possession any punch plate, stone or other thing in the likeness of any punch plate or stone designated for the printing or imprinting of the private stamps or labels of any mechanic or manufacturer, or who vends any goods, wares or merchandise having thereon any forged or counterfeited stamps or labels purporting to be the stamps or labels of any mechanic or manufacturer, knowing the same to be forged or counterfeited, without disclosing the fact to the purchaser.(13) Any person by himself or through another to procure or attempt to procure for himself or another any drug: (i) by fraud, deceit, misrepresentation or subterfuge;(ii) by the forgery or alteration of a prescription or any written order;(iii) by the concealment of a material fact;(iv) by use of a false statement in any prescription, order or report.(14) Any person to advertise the filling or refilling of prescriptions for any consumer or patient in Pennsylvania if said person is not licensed under this act or the said prescription is not filled or refilled in a pharmacy licensed by the board.(14.1) One or more medical practitioners to have a proprietary or beneficial interest sufficient to permit them to exercise supervision or control over the pharmacist in his professional responsibilities and duties.(15) Any person who violates any of the provisions of this section 8 is guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to undergo imprisonment for not more than one year or pay a fine of not more than five thousand dollars ($5000), or both, and for each subsequent offense, shall be sentenced to undergo imprisonment of not more than three years or to pay a fine of not more than fifteen thousand dollars ($15,000), or both.(15.1) In addition to any other civil remedy or criminal penalty provided for in this act, the board, by a vote of the majority of the maximum number of the authorized membership of the board as provided by law, or by a vote of the majority of the duly qualified and confirmed membership or a minimum of four members, whichever is greater, may levy a civil penalty of up to one thousand dollars ($1,000) on any current licensee who violates any provision of this act or on any person who practices pharmacy without being properly licensed to do so under this act. The board shall levy this penalty only after affording the accused party the opportunity for a hearing, as provided in Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).(15.2) An attorney responsible for representing the Commonwealth in disciplinary matters before the board shall notify the board immediately upon receiving notification of an alleged violation of this act. The board shall maintain current records of all reported alleged violations and periodically review the records for the purpose of determining that each alleged violation has been resolved in a timely manner.Amended by P.L. TBD 2018 No. 8, § 1, eff. 2/15/2018.1961, Sept. 27, P.L. 1700, §8. Amended 1985 , Dec. 20, P.L. 433, No. 111, § 9, effective 1/1/1986.