Title 08, Business and Professions

(a) Except as provided in (b) of this section the board may not regulate the sale of patent or nonprescription drugs that are prepackaged for use by the consumer, are in their original, unbroken packaging, and are labeled in accordance with requirements of the federal government.…

The board shall comply with AS 44.62 (Administrative Procedure Act).

The board shall meet at least three times each year at the call of the president for the transaction of business properly before it. The president shall also call the board into session when requested in writing by at least two members. Meetings may be held telephonically.

Four members constitute a quorum for the transaction of business. However, when the board meets for the purpose of examining applications for licensure, three members of the board constitute a quorum.

Members of the board are entitled to reimbursement for actual travel expenses incidental to the discharge of their duties and, while in the performance of their duties, are entitled to the per diem expenses allowed by law.

A member of the board may be removed from office by the governor for cause.

An applicant for licensure as a pharmacist shall (1) be fluent in the reading, writing, and speaking of the English language; (2) be a graduate of a college in a degree program approved by the board; (3) pass an examination or examinations given by the board or acceptable to the …

(a) An applicant for licensure by examination shall obtain practical experience in the practice of pharmacy concurrent with or after college attendance, or both, under terms and conditions the board shall determine. (b) The board shall establish licensure requirements for interns…

The examination or examinations shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ, cooperate, and contract with an organization or consultant in the preparation and grading of an examination, but shall retain …

If another jurisdiction allows licensure in that jurisdiction of a pharmacist licensed in this state under conditions similar to those in this section, the board may license as a pharmacist in this state a person licensed as a pharmacist in the other jurisdiction if the person (1…

If a pharmacist fails to apply for renewal of a license within five years from the expiration of the license, the person must pass an examination for license renewal, except that a person who has continually practiced pharmacy in another state under a license issued by the author…

The board shall adopt regulations regarding the issuance of a temporary license to practice pharmacy.

The board shall adopt regulations regarding the issuance of an emergency permit to practice under this chapter.

(a) A facility engaged in the practice of pharmacy or in the manufacture, production, or wholesale distribution of drugs or devices, and a pharmacy where drugs or devices are dispensed, shall be licensed by the board, and shall renew the license at intervals determined by the boa…

(a) Before shipping, mailing, distributing, or delivering a prescription drug to a person in the state or advertising in the state, a pharmacy, manufacturer, wholesale drug distributor, third-party logistics provider, or an outsourcing facility that is located outside the state s…

The Department of Commerce, Community, and Economic Development shall set fees under AS 08.01.065 for the following: (1) examination; (2) reexamination; (3) investigation for licensing by license transfer; (4) pharmacist license; (5) temporary license; (6) pharmacy technician lic…

The board shall establish requirements for continuing education in pharmacy that must be satisfied before a license issued under this chapter may be renewed.

(a) A pharmacist may independently prescribe and administer a vaccine and related emergency medication if the pharmacist has completed an immunization training program approved by the board and otherwise complies with the standards established by the board under AS 08.80.030(b). …

(a) The board may deny a license to an applicant or, after a hearing, impose a disciplinary sanction authorized under AS 08.01.075 on a person licensed under this chapter when the board finds that the applicant or licensee, as applicable, (1) secured or attempted to secure a lice…

(a) The board shall employ an executive administrator to carry out the duties established under (b) of this section. The executive administrator is the principal executive officer of the board. The executive administrator is in the partially exempt service under AS 39.25.120 and …

(a) In addition to other information that may be required under state or federal laws or regulations, a pharmacist, when dispensing a brand-name prescription drug order that is (1) not a biological product, shall include the generic drug name that is an equivalent drug product fo…

(a) Unless the prescription indicates that it is to be dispensed only as written, the pharmacist may, with the consent of the patient, substitute an equivalent drug product or interchangeable biological product. (b) A pharmacist who substitutes an equivalent drug product or inter…

(a) A pharmacist or person acting at the direction of a pharmacist shall disclose the price of filling any prescription when requested by the consumer. (b) No contract or agreement may prohibit a pharmacy, pharmacist, or pharmacy benefits manager from informing a patient of a les…

Information maintained by a pharmacist in the patient's records or that is communicated to the patient as part of patient counseling is confidential and may be released only to (1) the patient or as the patient directs; (2) a practitioner or pharmacist when, in the pharmacist's p…

(a) Each pharmacy shall have a pharmacist-in-charge. Whenever an applicable law or regulation requires or prohibits action by a pharmacy, responsibility shall be that of the owner and the pharmacist-in-charge, whether the owner is a sole proprietor, partnership, association, corp…

(a) A pharmacist filling a prescription for an opioid that is a schedule II or III controlled substance under federal law may, at the request of the individual for whom the prescription is written, dispense the prescribed opioid in a lesser quantity than prescribed. (b) Nothing i…

(a) A pharmacist may, under a collaborative practice agreement with a written protocol approved by a practitioner, provide patient care services. (b) A pharmacist may independently provide patient care services for (1) general health and wellness; (2) disease prevention; or (3) a…

(a) A hospital, clinic, nursing home, infirmary, or related facility that provides outpatient dispensing of drugs for outpatient treatment shall have a licensed pharmacist in charge of the dispensary, except that prescriptions may be compounded and dispensed by or under the super…

This chapter does not affect the practice of medicine by a licensed medical doctor and does not limit a licensed medical doctor, osteopath, podiatrist, physician assistant, advanced practice registered nurse, dentist, veterinarian, dispensing optician, or optometrist in supplying…

A person may not assume or use the title “pharmacist,” or any variation of the title, or hold out to be a pharmacist, without being licensed.

(a) A person may not use or exhibit the title “pharmacist,” “assistant pharmacist,” or “druggist,” or the descriptive term “pharmacy,” “drug store,” “drug sundries,” “apothecary,” or other similar title or term containing the word “drug,” in any business premises or in an adverti…

A person may not display in a place of business the characteristic pharmacy symbol of “Rx” in any form unless the business has a pharmacist licensed under this chapter.

The board may consider a complaint based upon the alleged violation of any provision of this chapter and may, by a majority vote of a quorum, dismiss the complaint, reprimand a licensee, or take other punitive action as the nature of the facts warrant. Orders issued by the board …

(a) Except for a violation of AS 08.80.297, a person who violates a provision of this chapter is guilty of a class B misdemeanor. (b) A person who violates the provisions of AS 08.80.295 or 08.80.297 may be punished by a civil fine in an amount established by the board in a sched…

Nothing in this chapter amends, modifies, repeals or otherwise changes any provision of AS 11.71, AS 17.20 (Alaska Food, Drug, and Cosmetic Act), or AS 17.30.

This chapter does not apply to the safe storage, preservation, dispensing, or control of drugs in a federally operated hospital or institution.

In this chapter, unless the context otherwise requires, (1) “administer” means the direct application of a drug to the body of a patient or research subject by injection, inhalation, ingestion, or other means; (2) “biological product” means a product that is applicable to the pre…

This chapter may be known as the Pharmacy Act.