§ 5-19.1-21. Refusal, suspension and revocation of licensees.
The board of pharmacy, with the approval of the director, may deny, suspend, revoke,
or otherwise discipline the licensee upon proof that:
(1) The license was procured through fraud, misrepresentation, or deceit;
(2) The licensee has violated any of the laws of this state or the United States relating
to the practice of pharmacy, drugs, controlled substances, cosmetics, or nonprescription
drugs, or has violated any of the rules and regulations of the board of pharmacy or
has been convicted of a felony;
(3) A court of competent jurisdiction has determined a pharmacist to be mentally incompetent;
the pharmacist shall automatically have his or her license suspended by the board
upon the entry of the judgment, regardless of the pendency of an appeal;
(4) The licensee has dependence upon controlled substances or habitual drunkenness, or
rendering professional services while the licensee is intoxicated or incapacitated
by the use of drugs;
(5) The licensee made and/or filed false reports or records;
(6) The licensee's conduct is incompetent or negligent, which shall include, but not be
limited to, any departure from or failure to conform to the minimal standards acceptable
and prevailing pharmacy practice as determined by the board;
(7) The licensee has been found guilty in another state of conduct, which, if committed
in Rhode Island, would constitute grounds to deny, revoke, suspend, or otherwise discipline
a licensee;
(8) The licensee has violated or permitted the violation of any provision of any state
or federal law, rule, or regulation governing the possession, use, distribution, or
dispensing of drugs, including, but not limited to, the violation of any provision
of this chapter, chapter 28 of title 21, chapter 31 of title 21, or rule or regulation of the board;
(9) The licensee has knowingly allowed any unlicensed person to take charge of a pharmacy
or engage in the practice of pharmacy;
(10) The pharmacist has compounded, dispensed, or caused the compounding or dispensing
of any drug or device that contains more or less than the equivalent quantity of ingredient
or ingredients specified by the person who prescribed such drug or device; provided,
that nothing herein shall be construed to prevent the pharmacist from exercising professional
judgment in the preparation or providing of such drugs or devices;
(11) The licensee has engaged in unprofessional conduct by failing to maintain the standards
of practice or by such other conduct as prescribed in regulation;
(12) On or after July 6, 1993, the board of pharmacy shall refuse to grant any pharmacy
license to any individual who is a practitioner authorized to prescribe medications
or to any partnership, corporation, or other entity in which practitioners authorized
to prescribe medications maintain a financial interest that, in the aggregate, exceeds
ten percent (10%) of the total ownership of the entity or of the subject pharmacy
or drug store;
(13) On or after July 1, 1994, good and sufficient cause shall exist for the refusal to
renew and for the revocation of any pharmacy license if, after a hearing, the board
of pharmacy determines that:
(i) Practitioners with authority to prescribe medications maintain a financial interest
that, in the aggregate, exceeds ten percent (10%) of the total ownership of the subject
pharmacy, drug store, or licensee; or
(ii) More than forty percent (40%) of the prescriptions filled by the subject pharmacy
or drug store within any three-month (3) period beginning on or after July 1, 1994,
were issued by practitioners with any ownership interest in the subject pharmacy,
drug store, or licensee;
(iii) Any other causes as set forth in regulations.