HAR §16-95-103. Advertising of controlled substances prohibited

No person shall advertise or promote to the public in any manner the sale of a Scheduled II, III, IV, or V controlled substance as defined in the Federal Controlled Substances Act and the rules promulgated thereunder as well as any other controlled substances as defined in chapter 329, HRS, as amended, and the rules promulgated thereunder by the state department of health. [Eff and comp 12/24/92; comp 12/25/04; comp 06/22/15; comp 8/15/16] (Auth: HRS §461-4.5) (Imp: HRS §461-4.5) Historical note: The substance of this section is substantially identical to section 16-95-8. [Eff 9/1/74; am 2/3/78; am and ren §16-95-8, 6/22/81; R 12/24/92] SUBCHAPTER 13 DISCIPLINARY SANCTIONS, APPLICATION DENIAL, HEARINGS, ADMINISTRATIVE PRACTICE AND PROCEDURE §16-95-110 Grounds for revocation, suspension, refusal to renew or restore, denial, or conditioning of license or permit. (a) In addition to any other acts or conditions provided by law, the board may revoke, suspend, refuse to renew or restore, deny, or condition a license or permit for any one or more of the following acts or omissions: (1) Procuring a license or permit through misrepresentation or deceit; (2) Failing to meet or maintain the requirements or conditions necessary to qualify for license or permit; (3) Conviction of, or pleading nolo contendere to a crime that is substantially related to the qualification, functions, or duties of a pharmacist; (4) Committing any act or omission in the practice of pharmacy or wholesale distribution which constitutes dishonesty, fraud, or misrepresentation with the intent to substantially benefit the pharmacist or wholesale distributor or with the intent to substantially injure another person; (5) Aiding or abetting an unlicensed person to directly or indirectly evade chapter 461, HRS, or this chapter; §16-95-110 95-41 (6) Failing to maintain records or to make accessible any records as required in subchapter 11; (7) Violating any provisions of the department of health or department of public safety; (8) Except as provided by law, accepting returns or exchanges of prescription drugs after the drugs have been dispensed; (9) Dispensing a different drug or brand in place of the drug or brand prescribed without the express consent of the person prescribing; (10) Failing to comply with the state's drug formulary or substitution laws as set forth in part VI of chapter 328, HRS; (11) Professional misconduct, gross carelessness, or manifest incapacity; (12) Violation of any state or federal law, including violation of a drug, controlled substance, or poison law; (13) False, fraudulent, or deceptive advertising; (14) Making a false statement on any document submitted or required to be filed by this chapter; (15) Habitual intemperance or addiction to the use of habit-forming drugs; (16) Violating the provisions of chapter 461, HRS, this chapter, or any order of the board; (17) Failure to comply with the pharmaceutical compounding requirements found in chapters 795 (nonsterile preparations) and 797 (sterile preparations) of the United States Pharmacopeia National Formulary, as amended; (18) Failure to report, in writing to the licensing authority, any disciplinary decision issued against the licensee or the applicant in another jurisdiction within thirty days of the disciplinary decision. (b) The board may make recommendations regarding quality improvements to prevent or minimize errors. The board may also fine or impose conditions or limitations upon a license or permit. A hearing on that fine, condition, or limitation may be conducted in accordance with chapter 91, HRS. The violation of any condition or limitation on a license or permit may be cause to impose additional sanctions against the licensee or permittee. Any fine imposed by the board after a hearing in accordance with chapter 91, HRS, shall be no less than $100 and no more than $1,000 for each violation, and each day of violation may be deemed a separate violation. [Eff and comp 12/24/92; comp 12/25/04; am and comp 06/22/15; am and comp 8/15/16] (Auth: HRS §461-4.5) (Imp: HRS §§461-4.5, 461-17, 461-21, 461-22) §16-95-111 95-42