MPJE Section 1 Q's 11-20

A pharmacist has been found to have violated the Texas Pharmacy Act by accidentally dispensing the wrong medication, but there was no harm to the patient and the pharmacist has no prior disciplinary history. Based on the factors influencing penalties, which sanction is most likely to be imposed, and why?

• Revocation, because any violation results in permanent loss of license.

• Reprimand, because the violation was accidental, caused no harm, and there is no prior disciplinary history.

• Suspension, because all violations require temporary removal of the license.

• Remedial education, because all accidental violations require mandatory training.

A licensee has repeatedly violated pharmacy regulations, causing harm to patients and showing little cooperation during the investigation. Using strategic reasoning, which penalty or sanction is most appropriate under the Texas Pharmacy Act, and what factors support this decision?

• Probation, because repeated violations always result in continued practice under supervision.

• Remedial education, because training is sufficient for repeated violations.

• Revocation, because repeated violations, harm to patients, and lack of cooperation justify permanent loss of licensure.

• Reprimand, because a formal warning is enough for repeated violations.

Consider a scenario where a pharmacist is fined under the Texas Pharmacy Act. What factors would the Board strategically evaluate to determine the amount of the fine, and why are these factors important?

• Only the pharmacist’s years of experience.

• The intent behind the violation, harm caused, prior disciplinary history, and cooperation with the investigation, because these factors reflect the severity and context of the violation.

• The pharmacist’s salary.

• The number of prescriptions filled per day.

Consider a scenario where a licensee has a prior disciplinary history and is found guilty of drug diversion. How might the Board’s consideration of aggravating and mitigating circumstances influence the penalty imposed, and what evidence should the licensee present to potentially reduce the severity of the sanction?

• The Board will always impose the maximum penalty regardless of circumstances.

• The Board may increase the penalty due to aggravating circumstances like repeated violations, but the licensee can present evidence of cooperation or self-reporting as mitigating factors to potentially reduce the penalty.

• The Board ignores both aggravating and mitigating circumstances.

• The Board only considers the current violation and not any history or circumstances.

Evaluate the possible outcomes a court may reach when reviewing a Board’s decision under judicial review, and reason which outcome would be most appropriate if substantial procedural errors are found.

• The court may reverse the decision if it finds legal or procedural errors.

• The court must always affirm the Board’s decision.

• The court can only remand the case back to the Board.

• The court will conduct a new trial to determine the outcome.

A student is planning to become a registered pharmacy technician in Texas. They have just turned 18, have a high school diploma, and have passed the PTCB exam. What additional steps must they take to complete their registration, and why are these steps important for the registration process?

• Submit fingerprints for a criminal background check, pay the registration fee, and register with the Texas State Board of Pharmacy (TSBP); these steps ensure the candidate meets legal and ethical standards.

• Only pay the registration fee; the other steps are optional.

• Register with the TSBP and wait for approval; no background check is needed.

• Submit fingerprints and pay the fee, but registration with the TSBP is not required.

Consider the registration process for pharmacy technicians in Texas. If a candidate skips the step of uploading proof of national certification, what is the most likely consequence, and why is this step strategically important?

• Their application will not be approved, because proof of national certification is required to verify their qualifications.

• Their application will be approved, but they will need to submit the proof later.

• They will be charged an extra fee.

• They can still work as a pharmacy technician without certification.

A pharmacy technician in Texas is required to complete several steps before becoming registered. If a candidate is 17 years old, has a high school diploma, and has passed the national certification exam, which requirement must still be fulfilled before they can work as a pharmacy technician?

• Register with the Texas State Board of Pharmacy (TSBP).

• Be at least 18 years old.

• Submit fingerprints for a criminal background check.

• Pay the required registration fee.

A pharmacy technician is responsible for several tasks in a pharmacy. Which of the following scenarios demonstrates a violation of the technician’s allowed responsibilities according to the Texas Pharmacy Act?

• The technician prepares and labels prescriptions.

• The technician enters prescription data into the pharmacy system.

• The technician performs a drug regimen review for a patient.

• The technician assists with insurance claims and billing.

A pharmacy technician in Texas is asked to perform several tasks during their shift. Which of the following tasks would require the technician to refer the matter to a pharmacist rather than handling it themselves? Justify your answer based on the permitted and prohibited duties outlined for pharmacy technicians.

• Counseling a patient on medication side effects

• Counting and pouring medications

• Entering prescription data into the pharmacy system

• Ordering and stocking medications