§ 58-37f-602 — Failure by pharmacist to submit information -- Penalties.

(1) The failure of a pharmacist-in-charge, a pharmacy, or a third party under contract with a pharmacist-in-charge to submit information to the database in accordance with the requirements of Section 58-37f-203, after the division has submitted a specific written request for the information or when the division determines the pharmacist-in-charge, pharmacy, or third party has a demonstrable pattern of failing to submit the information as required, is grounds for the division to take the following actions in accordance with Section 58-1-401:

(1)(a) refuse to issue a license to the pharmacist-in-charge or the pharmacy;
(1)(b) refuse to renew the license of the pharmacist-in-charge or the pharmacy;
(1)(c) revoke, suspend, restrict, or place on probation the license of the pharmacist-in-charge or the pharmacy;
(1)(d) issue a public reprimand to the pharmacist-in-charge or the pharmacy;
(1)(e) issue a cease and desist order to the pharmacist-in-charge, the pharmacy, or the third party; and
(1)(f) impose a civil penalty on the pharmacist-in-charge, the pharmacy, or the third party of up to $1,000 for each dispensed prescription regarding which the required information is not submitted in accordance with the requirements of Section 58-37f-203.
(2) Civil penalties assessed under Subsection (1)(f) shall be deposited in the General Fund as a dedicated credit to be used by the division under Subsection 58-37f-502(1).
(3) The procedure for determining a civil violation of this section shall be in accordance with Section 58-1-108, regarding adjudicative proceedings within the division.

Legislative History

Amended by Chapter 123, 2018 General Session