Grounds for Discipline

The Board may impose disciplinary action against an individual or entity licensed or registered by the Board, on one or more of the grounds for discipline listed in M.G.L. c. 112, § 61 or one or more of the following grounds: (a) Violating any of the duties and standards set out in Board regulations (247 CMR 2.00: Definitions) or any rule or written policy adopted by the Board; (b) Violating any provision of M.G.L. c. 112, §§ 24 through 42A or any provision of state or federal statutes or rules or regulations promulgated thereunder related to the practice of the profession; (c) Failing to submit an acceptable plan of correction pursuant to 247 CMR 6.13: Plans of Correction; (d) Failing to remedy or correct a violation cited in a deficiency statement by the date specified in the plan of correction submitted in accordance with 247 CMR 6.13: Plans of Correction, as accepted or modified by the Board, unless the pharmacy or pharmacy department demonstrates to the satisfaction of the Board that such failure was not due to any neglect of duty and occurred despite his/her good faith attempt to remedy or correct the violations(s) by the specified time; (e) Engaging in misconduct in the practice of the profession; (f) Engaging in conduct beyond the authorized scope of a pharmacist, pharmacy intern or pharmacy technician; (Mass. Register #1546, 4/25/2025) 10.03: continued (g) Practicing the profession while the ability to practice is impaired by illness, use of alcohol, drugs, chemicals, or any other type of substance, or as a result of any mental or physical condition; (h) Engaging in abuse or illegal use of prescription drugs or controlled substances; (i) Continuing to practice the profession after a registration is lapsed, suspended or revoked; (j) Violating the terms of a Consent Agreement, Final Decision and Order, Surrender Agreement or any other order issued by or agreement entered into with the Board; (k) Engaging in conduct that has the capacity or potential to place the public health, safety or welfare at risk; (l) Engaging in conduct that has the capacity or potential to deceive or defraud; (m) Knowingly permitting, aiding or abetting an unlicensed person to perform activities requiring a license or registration; (n) Being convicted of any crime, entering a plea of guilty to any crime, entering a plea of nolo contendere to any crime, or admitting to sufficient facts to warrant a finding of guilty of any crime; (o) Fraudulently procuring a license or registration or its renewal; (p) Providing false information on an application for a license or registration or its renewal; (q) Failing without cause, to cooperate with any request by the Board to appear before it or to provide requested information; failing to respond to a Board subpoena or failing to furnish the Board, its investigators or representatives with records, documents, information or testimony to which the Board is legally entitled; (r) Engaging in conduct that demonstrates a lack of good moral character; (s) Cheating on or attempting to compromise the integrity of any licensing or registration examination; (t) Having been disciplined in another jurisdiction in any way for reasons substantially the same as those set forth in 247 CMR 10.03; (u) Engaging in conduct which undermines public confidence in the integrity of the profession; (v) Committing an act that violates recognized standards of pharmacy practice; (w) Failing to comply with recognized ethical standards of the profession, including, but not limited to, the standards of practice of pharmacists, pharmacy interns, pharmacies and pharmacy departments set forth in 247 CMR 9.01: Code of Conduct for Registered Pharmacists, Pharmacies and Pharmacy Departments; (x) Violation of M.G.L. c. 94C or any rules or regulations promulgated thereunder; (y) Failing to report or failing to accurately report to the Board within seven business days, in a manner and format determined by the Board, discipline (247 CMR 10.06) on the basis of actions listed in 247 CMR 10.03(1); (z) Failing to report to the Board, in a manner and format determined by the Board, within seven business days, any final action (including license surrender or resignation) regarding a registrant or licensee, including any against any other health care related professional registration or license held by a registrant or licensee, by any other governmental authority in this state or another jurisdiction; (aa) Failing to report to the Board, in writing, within 30 days, any pending criminal charge or conviction, as defined in 247 CMR 10.02, of a registrant or licensee, in Massachusetts or any other jurisdiction; and (bb) Failure to comply with reporting requirements described in 247 CMR 6.15: Duty to Report Certain Factors of Pharmacy Operations(2) through (7) or to cooperate fully in the Board's investigation of any such report. (cc) Violation of, or failure to comply with, an Order issued by the Commissioner of the Department of Public Health pursuant to a Declaration of Emergency Detrimental to Public Health made in accordance with M.G.L. c. 17, § 2A or pursuant to such other authority as may be vested in the Commissioner. (2) Nothing in 247 CMR 10.03 shall limit the Board's adoption of policies and grounds for discipline through adjudication as well as through rulemaking. (3) Notwithstanding the grounds for discipline specified in 247 CMR 10.03, no licensee shall be subject to discipline for providing or assisting in providing, or dispensing medication for, reproductive health care services or gender-affirming health care services, as defined at M.G.L. c. 12, § 11I½ , or for any conviction, judgment, discipline, or other sanction arising from such health care services, so long as the services provided would have been lawful in Massachusetts and are consistent with standards for good professional practice in Massachusetts. 247 CMR - 56