§ 6811 — Misdemeanors

§ 6811. Misdemeanors. It shall be a class A misdemeanor for:\n 1. Any person knowingly or intentionally to prevent or refuse to\npermit any board member or department representative to enter a pharmacy\nor any other establishment for the purpose of lawful inspection;\n 2. Any person whose license has been revoked to refuse to deliver the\nlicense;\n 3. Any pharmacist to display his license or permit it to be displayed\nin a pharmacy of which he is not the owner or in which he is not\nemployed, or any owner to fail to display in his pharmacy the license of\nthe pharmacist employed in said pharmacy;\n 4. Any holder of a license to fail to display the license;\n 5. Any owner of a pharmacy to display or permit to be displayed in his\npharmacy the license of any pharmacist not employed in said pharmacy;\n 6. Any person to carry on, conduct or transact business under a name\nwhich contains as a part thereof the words "drugs", "medicines", "drug\nstore", "apothecary", or "pharmacy", or similar terms or combination of\nterms, or in any manner by advertisement, circular, poster, sign or\notherwise describe or refer to the place of business conducted by such\nperson, or describe the type of service or class of products sold by\nsuch person, by the terms "drugs", "medicine", "drug store",\n"apothecary", or "pharmacy", unless the place of business so conducted\nis a pharmacy licensed by the department;\n 7. Any person to enter into an agreement with a physician, dentist,\npodiatrist or veterinarian for the compounding or dispensing of secret\nformula (coded) prescriptions;\n 9. Any person to manufacture, sell, deliver for sale, hold for sale or\noffer for sale of any drug, device or cosmetic that is adulterated or\nmisbranded;\n 10. Any person to adulterate or misbrand any drug, device or cosmetic;\n 11. Any person to receive in commerce any drug, device or cosmetic\nthat is adulterated or misbranded, and to deliver or proffer delivery\nthereof for pay or otherwise;\n 12. Any person to sell, deliver for sale, hold for sale, or offer for\nsale any drug, device or cosmetic in violation of this article;\n 13. Any person to disseminate any false advertisement;\n 14. Any person to refuse to permit entry or inspection as authorized\nby this article;\n 15. Any person to forge, counterfeit, simulate, or falsely represent,\nor without proper authority using any mark, stamp, tag, label or other\nidentification device authorized or required by rules and regulations\npromulgated under the provisions of this article;\n 16. Any person to use for his own advantage, or reveal, other than to\nthe commissioner or his duly authorized representative, or to the courts\nwhen relevant in any judicial proceedings under this article, any\ninformation acquired under authority of this article or concerning any\nmethod or process, which is a trade secret;\n 17. Any person to alter, mutilate, destroy, obliterate or remove the\nwhole or any part of the labeling of, or the doing of any other act with\nrespect to a drug, device, or cosmetic, if such act is done while such\narticle is held for sale and results in such article being misbranded;\n 18. Any person to use on the labeling of any drug or in any\nadvertising relating to such drug any representation or suggestion that\nan application with respect to such drug is effective under section\nsixty-eight hundred seventeen of this chapter or that such is in\ncompliance with the provisions of such section;\n 19. Any person to violate any of the provisions of section sixty-eight\nhundred ten of this article;\n 20. Any person to violate any of the provisions of section sixty-eight\nhundred sixteen of this article;\n 21. Any person, to sell at retail or give away in tablet form\nbichloride of mercury, mercuric chloride or corrosive sublimate, unless\nsuch bichloride of mercury, mercuric chloride or corrosive sublimate,\nwhen so sold, or given away, shall conform to the provisions of national\nformulary XII. Nothing contained in this paragraph shall be construed to\nprohibit the sale and dispensing of bichloride of mercury in any form,\nshape, or color, when combined or compounded with one or more other\ndrugs or excipients, for the purposes of internal medication only, or\nwhen sold in bulk in powder form, or to any preparation containing\none-tenth of a grain or less of bichloride of mercury;\n 22. Any pharmacy to fail to properly post the list required by section\nsixty-eight hundred twenty-six of this article;\n 23. Any pharmacy to change its current selling price without changing\nthe listed price as provided by section sixty-eight hundred twenty-six\nof this article;\n 24. Any person to refuse to permit access to or copying of any record\nas required by this article; or\n 25. Any manufacturer to sell or offer for sale any drug not\nmanufactured, prepared or compounded under the personal supervision of a\nchemist or licensed pharmacist or not labeled with the full name of the\nmanufacturer or seller.\n 26. Any outsourcing facility to sell or offer to sell any drug that is\nnot both compounded under the personal supervision of a licensed\npharmacist and labeled with the full name of the outsourcing facility.\n