Section 6.03 - Suitability of Applicant, Licensee, and Interest HolderIn its discretion, the Board may determine an applicant or licensee is not suitable to establish or maintain a pharmacy, and that it would not be in the interest of public health, safety, and welfare to issue a license. In making its determination, the Board may consider the following factors:
(1) An applicant, licensee, or interest holder acted in a manner that presented an immediate or serious threat to public health and safety.(2) An applicant, licensee, or interest holder prevented or attempted to impede the work of any duly authorized representative of the Board or the Department or the lawful enforcement of any provision of M.G.L. c. 112, M.G.L. c. 94C, or regulations promulgated thereunder.(3) An applicant, licensee, or interest holder plans to assume or has assumed ownership of a pharmacy in an effort to circumvent the effect and purpose of 247 CMR 2.00: Definitions.(4) An applicant, licensee, or interest holder owned, operated, or held an interest in a pharmacy, healthcare facility, or other entity registered by the Federal Food and Drug Administration ("FDA") or the Federal Drug Enforcement Administration ("DEA"), that was the subject of proceedings resulting in the discipline, suspension, denial, or revocation of the pharmacy license or other professional license or registration.(5) An applicant, licensee, or interest holder owned, operated, or held an interest in a pharmacy, healthcare facility, or other entity registered by the FDA or the DEA, that entered into a consent agreement in resolution of a complaint against a pharmacy, healthcare facility, or other entity registered by the FDA or DEA resulting in disciplinary action against the pharmacy license or other professional license or registration.(6) An applicant, licensee, or interest holder owned, operated, or held an interest in a pharmacy, healthcare facility, or other entity registered by the FDA or the DEA, in such a manner that created an immediate or serious threat to public health and safety.(7) An applicant, licensee, or interest holder failed to demonstrate that he or she has the competence or experience to operate a pharmacy.(8) An applicant, licensee, or interest holder obtained or attempted to obtain a license by fraud or misrepresentation, including the submission of false information.(9) An applicant, licensee, or interest holder has prescriptive privileges.(10) An applicant, licensee, or interest holder held a professional license or registration that was the subject of proceedings resulting in the discipline, suspension, denial, or revocation of the license or registration.(11) An applicant, licensee, or interest holder entered into a consent agreement in resolution of a complaint against a professional license or registration resulting in disciplinary action against the professional license or registration.Amended by Mass Register Issue 1536, eff. 12/6/2024.