Criminal Code—Miscellaneous Offenses—A.R.S. § 13-3713(A)—Consideration for referral of patient, client or customer; fraud; violation; classification.
It is unlawful for a person to knowingly offer, deliver, receive, or accept any rebate, refund, commission, preference, or other consideration in exchange for a patient, client, or customer referral to any individual, pharmacy, laboratory, clinic, or health care institution providing medical or health-related services or items under A.R.S. § 11-291 et seq. (providing for indigent care), or A.R.S. § 36-2901 et seq., or providing for the Arizona Health Care Cost Containment System, other than specifically provided under those sections. Certain payments in connection with clinical trials regulated by the U.S. Food and Drug Administration from a medical researcher to a physician licensed by the Arizona Medical Board or the Board of Osteopathic Examiners in Medicine and Surgery are not violations of this section. A violator is guilty of: a class 3 felony for payment of $1,000 or more; a class 4 felony for payment of more than $100 but less than $1,000; or a class 6 felony for payment of $100 or less
Professionals and Occupations—Pharmacy—A.R.S. § 32-1901.01(A)(18), (25), (B)(19), (24), (C)(15)—Definition of unethical and unprofessional conduct; permittees; licensees.
Unprofessional conduct by a pharmacist, pharmacy intern, or graduate intern, under the Pharmacy chapter, whether occurring in Arizona or another state, includes: paying rebates or entering into an agreement for the payment of rebates to a medical practitioner or any other person in the healthcare field; and violating or attempting to violate, directly or indirectly, or assisting in or abetting in the violation of, or conspiring to violate, this chapter. Unprofessional conduct, under the Pharmacy chapter, for the purpose of disciplining a pharmacy technician or pharmacy technician trainee includes: violating or attempting to violate, directly or indirectly, or assisting in or abetting in the violation of, or conspiring to violate, this chapter. Unethical conduct, under the Pharmacy chapter, whether occurring in Arizona or another state, for the purpose of disciplining a permittee includes distributing premiums or rebates of any kind in connection with the sale of prescription medication. However, distributing rebates or premiums to the prescription medication recipient is permitted. Unethical conduct, similar to unprofessional conduct also includes violating and attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate, this chapter.
Op. Atty. Gen. No. I79-291
Discount for prompt payment offered by a pharmacist to a nursing home would be a rebate and a violation of A.R.S. § 32-1927 and § 32-1932, which authorizes the suspension, revocation, or placing on probation a pharmacy permit for rebates of any kind in connection with the sale of prescription medication, other than to the prescription medication recipient.
Professions and Occupations—Board of Pharmacy—A.A.C. R4-23-404(A), (B), (D)—Unethical practices.
Rebates are prohibited. A pharmacist or pharmacy permittee shall not offer, deliver, receive, or accept any unearned rebate, refund, commission, preference, patronage dividend, discount, or other unearned consideration, whether in the form of money or otherwise, as compensation or inducement to refer a patient, client, or customer to any person. However, the regulation does allow a rebate or premium paid completely and directly to the patient. A pharmacist or pharmacy permittee shall not make payment for a prescription order prescribed by the medical practitioner and shall not make payment to a long term care or assisted living facility or other health care institution in money, discount, rental, or other consideration in an amount above the prevailing rate for prescription medication or devices dispensed or sold for a patient or resident of the facility institution or drug selection or drug utilization review services, drug therapy management services, or other pharmacy consultation services provided for a patient or resident of the facility or institution. Additionally, prescription order-blank advertising is prohibited. A pharmacist or pharmacist permittee shall not directly or indirectly furnish a medical practitioner with, nor actively or passively participate in an arrangement for, order-blanks that display the name of a pharmacy or pharmacist in any manner. A pharmacist shall not claim a fee for service that is not performed or earned or divide a prescription order to obtain an additional fee.
Professions and Occupations—Pharmacy—A.R.S. § 32-1901.01(A)(1, 14-16, 25, 27-29), (B)(8, 17, 18, 24, 26, 27)—Definition of unethical and unprofessional conduct; permittees; licensees.
For the purpose of disciplining a permittee, unprofessional conduct under the Pharmacy chapter, whether occurring in Arizona or another state, includes: committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude or any drug-related offense; obtaining or attempting to obtain a permit or a permit renewal by fraud, misrepresentation, or knowingly taking advantage of the mistake of another person or an agency; willfully making a false report or record required by this chapter, required by federal or state law pertaining to drugs, devices, poisons, hazardous substances, or precursor chemicals or required for the payment for drugs, devices, poisons, or hazardous substances or precursor chemicals or for services pertaining to such drugs or substances; knowingly filing with the board any application, renewal, or other document that contains false or misleading information; distributing premiums or rebates of any kind in connection with the sale of prescription medication, other than to the prescription medication recipient; fraudulently claiming to have performed a service; fraudulently charging a fee for service; and advertising drugs or devices, or services pertaining to drugs or devices, that is untrue or misleading in any particular, and that is known, or that by the exercise of reasonable care should be known to be untrue or misleading.
For the purpose of disciplining a pharmacist, pharmacy intern, or graduate intern, unprofessional conduct under the Pharmacy chapter includes, among other things: committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude or any drug-related offense; knowingly filing with the board any application, renewal, or other documents that contain false or misleading information;
Professions and Occupations—Pharmacy—A.R.S. § 32-1901.01(A)(1, 14-16, 25, 27-29), (B)(8, 17, 18, 24, 26, 27)—Definition of unethical and unprofessional conduct; permittees; licensees.
For the purpose of disciplining a permittee, unprofessional conduct under the Pharmacy chapter, whether occurring in Arizona or another state, includes: committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude or any drug-related offense; obtaining or attempting to obtain a permit or a permit renewal by fraud, misrepresentation, or knowingly taking advantage of the mistake of another person or an agency; willfully making a false report or record required by this chapter, required by federal or state law pertaining to drugs, devices, poisons, hazardous substances, or precursor chemicals or required for the payment for drugs, devices, poisons, or hazardous substances or precursor chemicals or for services pertaining to such drugs or substances; knowingly filing with the board any application, renewal, or other document that contains false or misleading information; distributing premiums or rebates of any kind in connection with the sale of prescription medication, other than to the prescription medication recipient; fraudulently claiming to have performed a service; fraudulently charging a fee for service; and advertising drugs or devices, or services pertaining to drugs or devices, that is untrue or misleading in any particular, and that is known, or that by the exercise of reasonable care should be known to be untrue or misleading.
For the purpose of disciplining a pharmacist, pharmacy intern, or graduate intern, unprofessional conduct under the Pharmacy chapter includes, among other things: committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude or any drug-related offense; knowingly filing with the board any application, renewal, or other documents that contain false or misleading information;
providing false or misleading information or omitting material information in any communication to the board or its employees or agents; paying rebates or entering into any agreement for the payment of rebates to a medical practitioner or any other person in the health care field; fraudulently claiming to have performed a professional service; and fraudulently charging a fee for a professional service.
It is unlawful for a person to knowingly offer, deliver, receive, or accept any rebate, refund, commission, preference, or other consideration in exchange for a patient, client, or customer referral to any individual, pharmacy, laboratory, clinic, or health care institution providing medical or health-related services or items under A.R.S. § 11-291 et seq. (providing for indigent care), or A.R.S. § 36-2901 et seq., or providing for the Arizona Health Care Cost Containment System, other than specifically provided under those sections. Certain payments in connection with clinical trials regulated by the U.S. Food and Drug Administration from a medical researcher to a physician licensed by the Arizona Medical Board or the Board of Osteopathic Examiners in Medicine and Surgery are not violations of this section. A violator is guilty of: a class 3 felony for payment of $1,000 or more; a class 4 felony for payment of more than $100 but less than $1,000; or a class 6 felony for payment of $100 or less
Professionals and Occupations—Pharmacy—A.R.S. § 32-1901.01(A)(18), (25), (B)(19), (24), (C)(15)—Definition of unethical and unprofessional conduct; permittees; licensees.
Unprofessional conduct by a pharmacist, pharmacy intern, or graduate intern, under the Pharmacy chapter, whether occurring in Arizona or another state, includes: paying rebates or entering into an agreement for the payment of rebates to a medical practitioner or any other person in the healthcare field; and violating or attempting to violate, directly or indirectly, or assisting in or abetting in the violation of, or conspiring to violate, this chapter. Unprofessional conduct, under the Pharmacy chapter, for the purpose of disciplining a pharmacy technician or pharmacy technician trainee includes: violating or attempting to violate, directly or indirectly, or assisting in or abetting in the violation of, or conspiring to violate, this chapter. Unethical conduct, under the Pharmacy chapter, whether occurring in Arizona or another state, for the purpose of disciplining a permittee includes distributing premiums or rebates of any kind in connection with the sale of prescription medication. However, distributing rebates or premiums to the prescription medication recipient is permitted. Unethical conduct, similar to unprofessional conduct also includes violating and attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate, this chapter.
Op. Atty. Gen. No. I79-291
Discount for prompt payment offered by a pharmacist to a nursing home would be a rebate and a violation of A.R.S. § 32-1927 and § 32-1932, which authorizes the suspension, revocation, or placing on probation a pharmacy permit for rebates of any kind in connection with the sale of prescription medication, other than to the prescription medication recipient.
Professions and Occupations—Board of Pharmacy—A.A.C. R4-23-404(A), (B), (D)—Unethical practices.
Rebates are prohibited. A pharmacist or pharmacy permittee shall not offer, deliver, receive, or accept any unearned rebate, refund, commission, preference, patronage dividend, discount, or other unearned consideration, whether in the form of money or otherwise, as compensation or inducement to refer a patient, client, or customer to any person. However, the regulation does allow a rebate or premium paid completely and directly to the patient. A pharmacist or pharmacy permittee shall not make payment for a prescription order prescribed by the medical practitioner and shall not make payment to a long term care or assisted living facility or other health care institution in money, discount, rental, or other consideration in an amount above the prevailing rate for prescription medication or devices dispensed or sold for a patient or resident of the facility institution or drug selection or drug utilization review services, drug therapy management services, or other pharmacy consultation services provided for a patient or resident of the facility or institution. Additionally, prescription order-blank advertising is prohibited. A pharmacist or pharmacist permittee shall not directly or indirectly furnish a medical practitioner with, nor actively or passively participate in an arrangement for, order-blanks that display the name of a pharmacy or pharmacist in any manner. A pharmacist shall not claim a fee for service that is not performed or earned or divide a prescription order to obtain an additional fee.
Professions and Occupations—Pharmacy—A.R.S. § 32-1901.01(A)(1, 14-16, 25, 27-29), (B)(8, 17, 18, 24, 26, 27)—Definition of unethical and unprofessional conduct; permittees; licensees.
For the purpose of disciplining a permittee, unprofessional conduct under the Pharmacy chapter, whether occurring in Arizona or another state, includes: committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude or any drug-related offense; obtaining or attempting to obtain a permit or a permit renewal by fraud, misrepresentation, or knowingly taking advantage of the mistake of another person or an agency; willfully making a false report or record required by this chapter, required by federal or state law pertaining to drugs, devices, poisons, hazardous substances, or precursor chemicals or required for the payment for drugs, devices, poisons, or hazardous substances or precursor chemicals or for services pertaining to such drugs or substances; knowingly filing with the board any application, renewal, or other document that contains false or misleading information; distributing premiums or rebates of any kind in connection with the sale of prescription medication, other than to the prescription medication recipient; fraudulently claiming to have performed a service; fraudulently charging a fee for service; and advertising drugs or devices, or services pertaining to drugs or devices, that is untrue or misleading in any particular, and that is known, or that by the exercise of reasonable care should be known to be untrue or misleading.
For the purpose of disciplining a pharmacist, pharmacy intern, or graduate intern, unprofessional conduct under the Pharmacy chapter includes, among other things: committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude or any drug-related offense; knowingly filing with the board any application, renewal, or other documents that contain false or misleading information;
Professions and Occupations—Pharmacy—A.R.S. § 32-1901.01(A)(1, 14-16, 25, 27-29), (B)(8, 17, 18, 24, 26, 27)—Definition of unethical and unprofessional conduct; permittees; licensees.
For the purpose of disciplining a permittee, unprofessional conduct under the Pharmacy chapter, whether occurring in Arizona or another state, includes: committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude or any drug-related offense; obtaining or attempting to obtain a permit or a permit renewal by fraud, misrepresentation, or knowingly taking advantage of the mistake of another person or an agency; willfully making a false report or record required by this chapter, required by federal or state law pertaining to drugs, devices, poisons, hazardous substances, or precursor chemicals or required for the payment for drugs, devices, poisons, or hazardous substances or precursor chemicals or for services pertaining to such drugs or substances; knowingly filing with the board any application, renewal, or other document that contains false or misleading information; distributing premiums or rebates of any kind in connection with the sale of prescription medication, other than to the prescription medication recipient; fraudulently claiming to have performed a service; fraudulently charging a fee for service; and advertising drugs or devices, or services pertaining to drugs or devices, that is untrue or misleading in any particular, and that is known, or that by the exercise of reasonable care should be known to be untrue or misleading.
For the purpose of disciplining a pharmacist, pharmacy intern, or graduate intern, unprofessional conduct under the Pharmacy chapter includes, among other things: committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude or any drug-related offense; knowingly filing with the board any application, renewal, or other documents that contain false or misleading information;
providing false or misleading information or omitting material information in any communication to the board or its employees or agents; paying rebates or entering into any agreement for the payment of rebates to a medical practitioner or any other person in the health care field; fraudulently claiming to have performed a professional service; and fraudulently charging a fee for a professional service.
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