North Carolina § 90-85.38 Disciplinary authority

North Carolina Statutes

§ 90-85.38 — Disciplinary authority

North Carolina § 90-85.38

Ch. 90Medicine and Allied Occupations

Art. 4ANorth Carolina Pharmacy Practice Act

This text of North Carolina § 90-85.38 (Disciplinary authority) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 90-85.38 (2026).

Text

(a)The Board may, in accordance with Chapter 150B of the General Statutes, issue a letter of reprimand or suspend, restrict, revoke, or refuse to grant or renew a license to practice pharmacy, or require licensees to successfully complete remedial education if the licensee has done any of the following:

(1)Made false representations or withheld material information in connection with securing a license or permit.

(2)Been found guilty of or plead guilty or nolo contendere to any felony in connection with the practice of pharmacy or the distribution of drugs.

(3)Indulged in the use of drugs to an extent that renders the pharmacist unfit to practice pharmacy.

(4)Made false representations in connection with the practice of pharmacy that endanger or are likely to endanger the health or sa

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(a) The Board may, in accordance with Chapter 150B of the General Statutes, issue a letter of reprimand or suspend, restrict, revoke, or refuse to grant or renew a license to practice pharmacy, or require licensees to successfully complete remedial education if the licensee has done any of the following:
(1) Made false representations or withheld material information in connection with securing a license or permit.
(2) Been found guilty of or plead guilty or nolo contendere to any felony in connection with the practice of pharmacy or the distribution of drugs.
(3) Indulged in the use of drugs to an extent that renders the pharmacist unfit to practice pharmacy.
(4) Made false representations in connection with the practice of pharmacy that endanger or are likely to endanger the health or safety of the public, or that defraud any person.
(5) Developed a physical or mental disability that renders the pharmacist unfit to practice pharmacy with reasonable skill, competence and safety to the public.
(6) Failed to comply with the laws governing the practice of pharmacy and the distribution of drugs.
(7) Failed to comply with any provision of this Article or rules adopted by the Board.
(8) Engaged in, or aided and abetted an individual to engage in, the practice of pharmacy without a license.
(9) Been negligent in the practice of pharmacy.
(10) Engaged in unprofessional conduct, including the departure from or failure to comply with the requirements of G.S. 90-85.15B(c1) and (d1), when dispensing, delivering, or administering medication for patients.
(b) The Board, in accordance with Chapter 150B of the General Statutes, may suspend, revoke, or refuse to grant or renew any permit for the same conduct as stated in subsection (a). The administration of required lethal substances or any assistance whatsoever rendered with an execution under Article 19 of Chapter 15 of the General Statutes does not constitute the practice of pharmacy under this Article, and any assistance rendered with an execution under Article 19 of Chapter 15 of the General Statutes shall not be the cause for disciplinary action under this Article.
(c) Any license or permit obtained through false representation or withholding of material information shall be void and of no effect. (1905, c. 108, ss. 17, 25; Rev., s. 4483; C.S., s. 6661; 1967, c. 807; 1973, c. 138; 1981, c. 412, s. 4; c. 717, s. 8; c. 747, s. 66; 1981 (Reg. Sess., 1982), c. 1188, s. 1; 1987, c. 827, s. 1; 2001-375, s. 5; 2013-154, s. 1(c); 2021-110, s. 7.)