Sec. 10.34.11.09. Civil Fines to Pharmacists, Pharmacy Technicians, and Pharmacy Permit Holders

A. Practicing on an Expired License. The Board may assess a civil fine against a pharmacist who practices on an expired license in the amount of $1,000 per month of practice past the expiration date of the license, up to a maximum fine of $50,000.

B. Working on an Expired Registration. The Board may assess a civil fine against a pharmacy technician or pharmacy intern who works on an expired registration in the amount of $25 per month of practice past the expiration date of the registration, up to a maximum fine of $250.

C. Operating a Pharmacy on an Expired Permit. The Board may assess a civil fine against a permit holder that operates a pharmacy on an expired permit in the amount of $5,000 per month of operation past the expiration date of the permit, up to a maximum fine of $50,000.

D. Practicing or Operating Without a License, Registration, or Pharmacy Permit.

(1) The Board may assess a civil fine of no less than $5,000 and no more than $50,000 against:

(a) An individual who practices pharmacy without a license; or

(b) An individual or entity that operates a pharmacy without a permit.

(2) The Board may assess a civil fine of no less than $250 and no more than $50,000 against an individual who works as an unregistered pharmacy technician or unregistered pharmacy intern.

(3) Factors in determining the amount of a fine include, but are not limited to, the following:

(a) The extent to which the individual or entity derived any financial benefit from the unauthorized practice or operation;

(b) The willfulness of the unauthorized practice or operation;

(c) Actual or potential public harm caused by the unauthorized practice or operation; and

(d) The length of time in which the individual or entity engaged in the unauthorized practice or operation.