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This entry was published on 2019-01-25
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SECTION 6811
Misdemeanors
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 137
§ 6811. Misdemeanors. It shall be a class A misdemeanor for:

1. Any person knowingly or intentionally to prevent or refuse to
permit any board member or department representative to enter a pharmacy
or any other establishment for the purpose of lawful inspection;

2. Any person whose license has been revoked to refuse to deliver the
license;

3. Any pharmacist to display his license or permit it to be displayed
in a pharmacy of which he is not the owner or in which he is not
employed, or any owner to fail to display in his pharmacy the license of
the pharmacist employed in said pharmacy;

4. Any holder of a license to fail to display the license;

5. Any owner of a pharmacy to display or permit to be displayed in his
pharmacy the license of any pharmacist not employed in said pharmacy;

6. Any person to carry on, conduct or transact business under a name
which contains as a part thereof the words "drugs", "medicines", "drug
store", "apothecary", or "pharmacy", or similar terms or combination of
terms, or in any manner by advertisement, circular, poster, sign or
otherwise describe or refer to the place of business conducted by such
person, or describe the type of service or class of products sold by
such person, by the terms "drugs", "medicine", "drug store",
"apothecary", or "pharmacy", unless the place of business so conducted
is a pharmacy licensed by the department;

7. Any person to enter into an agreement with a physician, dentist,
podiatrist or veterinarian for the compounding or dispensing of secret
formula (coded) prescriptions;

9. Any person to manufacture, sell, deliver for sale, hold for sale or
offer for sale of any drug, device or cosmetic that is adulterated or
misbranded;

10. Any person to adulterate or misbrand any drug, device or cosmetic;

11. Any person to receive in commerce any drug, device or cosmetic
that is adulterated or misbranded, and to deliver or proffer delivery
thereof for pay or otherwise;

12. Any person to sell, deliver for sale, hold for sale, or offer for
sale any drug, device or cosmetic in violation of this article;

13. Any person to disseminate any false advertisement;

14. Any person to refuse to permit entry or inspection as authorized
by this article;

15. Any person to forge, counterfeit, simulate, or falsely represent,
or without proper authority using any mark, stamp, tag, label or other
identification device authorized or required by rules and regulations
promulgated under the provisions of this article;

16. Any person to use for his own advantage, or reveal, other than to
the commissioner or his duly authorized representative, or to the courts
when relevant in any judicial proceedings under this article, any
information acquired under authority of this article or concerning any
method or process, which is a trade secret;

17. Any person to alter, mutilate, destroy, obliterate or remove the
whole or any part of the labeling of, or the doing of any other act with
respect to a drug, device, or cosmetic, if such act is done while such
article is held for sale and results in such article being misbranded;

18. Any person to use on the labeling of any drug or in any
advertising relating to such drug any representation or suggestion that
an application with respect to such drug is effective under section
sixty-eight hundred seventeen of this chapter or that such is in
compliance with the provisions of such section;

19. Any person to violate any of the provisions of section sixty-eight
hundred ten of this article;

20. Any person to violate any of the provisions of section sixty-eight
hundred sixteen of this article;

21. Any person, to sell at retail or give away in tablet form
bichloride of mercury, mercuric chloride or corrosive sublimate, unless
such bichloride of mercury, mercuric chloride or corrosive sublimate,
when so sold, or given away, shall conform to the provisions of national
formulary XII. Nothing contained in this paragraph shall be construed to
prohibit the sale and dispensing of bichloride of mercury in any form,
shape, or color, when combined or compounded with one or more other
drugs or excipients, for the purposes of internal medication only, or
when sold in bulk in powder form, or to any preparation containing
one-tenth of a grain or less of bichloride of mercury;

22. Any pharmacy to fail to properly post the list required by section
sixty-eight hundred twenty-six of this article;

23. Any pharmacy to change its current selling price without changing
the listed price as provided by section sixty-eight hundred twenty-six
of this article;

24. Any person to refuse to permit access to or copying of any record
as required by this article; or

25. Any manufacturer to sell or offer for sale any drug not
manufactured, prepared or compounded under the personal supervision of a
chemist or licensed pharmacist or not labeled with the full name of the
manufacturer or seller.

26. Any outsourcing facility to sell or offer to sell any drug that is
not both compounded under the personal supervision of a licensed
pharmacist and labeled with the full name of the outsourcing facility.