Sec. 10.34.01.14. Probation and Violation of Probation

A. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation that the Board considers appropriate, including:

(1) Re-education or completion of approved courses;

(2) Payment of a fine;

(3) Practicing pharmacy or operating a pharmacy under supervision;

(4) Monitoring by the Board or by an individual or entity approved by the Board with periodic reporting to the Board;

(5) Periodic review of a licensee's practice or operations;

(6) Periodic audits of a licensee's billing practice;

(7) An examination by a physician or other appropriate health care provider;

(8) Limitation of the licensee's practice or operations;

(9) Limitation of the pharmacy technician's scope of duties;

(10) Drug screenings;

(11) Individual or group counseling or therapy;

(12) Obtaining a passing score on an appropriate examination; or

(13) Any other condition the Board considers appropriate for the rehabilitation or retraining of a registrant or a licensee.

B. A term of probation may be defined by a specific period of time or the successful completion of certain conditions or acts by the registrant or licensee.

C. A registrant or licensee seeking release from probation shall do so by petitioning the Board to terminate the probation when the:

(1) Specific period of time has passed; or

(2) Registrant or licensee has successfully completed the conditions or acts required for release.

D. If, at any time, the Board has reason to believe that the registrant or licensee is not in compliance with the conditions of probation, the Board shall:

(1) Charge the registrant or licensee with a violation of probation;

(2) Take an action provided for in the final order in the event of a violation of probation, including suspension of the registration, license, or permit;

(3) Consider a summary suspension of the registration, license, or permit; or

(4) Take any other action the Board considers appropriate and which the Board may take by law.

E. If the Board determines that the respondent has violated probation, the Board shall:

(1) Take an action provided for in the final order in the event of a violation of probation;

(2) Impose additional conditions or probation; or

(3) Impose a sanction or take any other action that the Board considers appropriate and may take by law.