CHAPTER 202
HB 926-FN – FINAL VERSION
05/17/07 1433s
2007 SESSION
10/03
HOUSE BILL 926-FN
AN ACT relative to the regulation of pharmacies and pharmacists.
SPONSORS: Rep. Wendelboe, Belk 1; Rep. Case, Rock 1; Rep. Bettencourt, Rock 4
COMMITTEE: Health, Human Services and Elderly Affairs
This bill makes various changes concerning prescription devices, pharmacy technicians, automated pharmacy systems, and procedures of the pharmacy board.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/17/07 1433s
07-0896
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to the regulation of pharmacies and pharmacists.
Be it Enacted by the Senate and House of Representatives in General Court convened:
202:1 Pharmacy; Definition; Limited Retail Drug Distributor. Amend RSA 318:1, VII-a to read as follows:
VII-a. “Limited retail drug distributor’’ means a distributor of legend devices or medical gases delivered directly to the consumer pursuant to a practitioner’s prescription order, or federally funded clinics operated under contract with the department of health and human services and drug abuse treatment centers, where legend and controlled drugs are held, stored, or dispensed to patients pursuant to the order of an authorized practitioner.
202:2 Definition; Pharmacy Technician. Amend RSA 318:1, XI-a to read as follows:
XI-a. “Pharmacy technician’’ means a person, other than a pharmacist, either registered or certified by the board for the purpose of assisting a pharmacist in the practice of pharmacy.
202:3 New Paragraph; Definition; Prescription Device. Amend RSA 318:1 by inserting after paragraph XVI the following new paragraph:
XVI-a “Prescription device” or “legend device” means an instrument, apparatus, implement, machine, contrivance, implant, or other similar or related article, including any component part or accessory, which is restricted for distribution and use only upon the order of a licensed practitioner.
202:4 Compensation. Amend RSA 318:4 to read as follows:
318:4 Compensation. The members of the board shall be paid [$50] $100 a day and their necessary expenses while actually engaged in the performance of their duties.
202:5 Rulemaking; Pharmacy Technicians. Amend RSA 318:5-a, X and XI to read as follows:
X. Registration or certification of pharmacy technicians, including:
(a) Requirements for registration or certification;
(b) The duties, functions, and standards of conduct of [registered] pharmacy technicians;
(c) Requirements for the supervision of pharmacy technicians by licensed pharmacists;
(d) Standards for denial and revocation of registration and certification;
(e) Establishment of the effective period of registration or certification;
(f) Requirements for renewal of registration or certification; and
(g) Requirements for reinstatement of registration or certification[; and].
XI. The establishment of fees for registration or certification of pharmacy technicians, including fees for renewal or reinstatement [of registration].
202:6 Rulemaking; Automated Pharmacy Systems. Amend RSA 318:5-a, XII to read as follows:
XII. Procedures for the use, documentation, security, maintenance, and monitoring of automated pharmacy systems, including the placement of automated pharmacy systems in long-term care facilities, hospices, and state or county correctional institutions, for the purposes of storage and dispensing of controlled and non-controlled prescription drugs.
202:7 Fees; Certified Pharmacy Technicians. Amend RSA 318:6-a to read as follows:
318:6-a Fees. The board shall establish fees for examination of applicants, for licenses and for renewal of licenses to practice pharmacy, for registration and certification of pharmacy technicians, and for transcribing and transferring records and other services.
202:8 Pharmacy Technicians. Amend RSA 318:15-a to read as follows:
318:15-a Pharmacy Technician. No person shall perform the functions or duties of a pharmacy technician unless such person is either registered by the board to perform [such] certain functions or, upon completion of training, certified to perform certain functions, and does so under standards of supervision established by rules of the board adopted pursuant to RSA 541-A.
202:9 Possessing Prescription Drugs. Amend RSA 318:42, I to read as follows:
I. Persons from possessing prescription drugs dispensed to them pursuant to a lawful prescription or who are acting as an authorized agent for a person holding a lawful prescription. For purposes of this section, an authorized agent shall mean any person, including but not limited to a family member or caregiver, who has the intent to deliver the prescription drug to the person to whom the prescription drugs are lawfully prescribed.
202:10 Dealing in and Possessing; Certified Pharmacy Technician. Amend RSA 318:42, XII to read as follows:
XII. A registered or certified pharmacy technician from performing functions and duties supervised by a licensed pharmacist as authorized by rules adopted by the board under RSA 541-A.
202:11 New Paragraph; Dealing in and Possessing; Automated Pharmacy Systems. Amend RSA 318:42 by inserting after paragraph XIV the following new paragraph:
XV. The placement of automated pharmacy systems in long-term care facilities, hospices, and state correctional institutions, for the purpose of storage and dispensing of controlled and non-controlled prescription drugs under the supervision and control of a licensed pharmacist. Only pharmacies registered by the Federal Drug Enforcement Administration may provide controlled substances for storage in and dispensing from automated pharmacy systems.
202:12 Limited Retail Drug Distributors; Application. Amend RSA 318:51-b, II(d) to read as follows:
(d) The applicant, other than a distributor of legend devices or medical gases, has a written contract with a pharmacist licensed in the state to serve as a consultant on all matters relating to the storage and dispensing of prescription drugs.
202:13 Penalties. Amend RSA 318:55 to read as follows:
318:55 Fines and Imprisonment; Penalties.
I. Any person violating the provisions of this chapter, except as otherwise provided, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. In addition to the penalties under paragraph I, the board may impose a civil penalty not to exceed $5,000 per violation upon any person who willfully or repeatedly violates any provision of this chapter.
III. For any order issued in resolution of a disciplinary proceeding before the board, the board may require that any licensee, permittee, registrant, or certificate holder found guilty of a charge involving any drug law or rule to pay to the board a sum not to exceed the reasonable cost of investigation and prosecution of the proceeding. The sum shall not exceed $5,000. The costs to be assessed shall be fixed by the board and any sums recovered shall be paid to the state treasurer for deposit in the general fund.
202:14 Effective Date. This act shall take effect January 1, 2008.
Approved: June 19, 2007
Effective: January 1, 2008