Title 32 — Professions and Occupations

A. On application, the board may issue the following classes or kinds of permits: 1. If approved by the board, a pharmacy, limited service pharmacy, automated prescription-dispensing kiosk, full service wholesale drug, third-party logistics provider, nonprescription drug wholesal…

A. The board shall assign the permit of all persons or firms issued under this chapter to one of two permit renewal groups. Except as provided in section 32-4301, a holder of a permit designated in the licensing database as even by way of verbiage or numerical value shall renew i…

A. The board may establish a program for the treatment and rehabilitation of licensees who are impaired by alcohol or drug abuse. This program shall include education, intervention, therapeutic treatment and posttreatment monitoring and support. B. The board may contract with oth…

A. The holder of a permit granted under this chapter shall conspicuously display it in the location to which it applies. B. A licensee shall maintain the licensee's current renewal license or duplicate current renewal license, if practicing in more than one location, in the pract…

A. A remote hospital-site pharmacy permittee shall comply with all the provisions of this chapter requiring registration and regulation of pharmacies, with board rules and with applicable federal law. B. A remote hospital-site pharmacy permittee shall ensure that: 1. The remote h…

The board of pharmacy shall adopt and promulgate standards and requirements for approval of schools and colleges of pharmacy.

A. All pharmacists licensed in this state shall satisfactorily complete approved courses of continuing professional pharmacy education or continue their education by other means in accordance with rules adopted by the board before renewing a license. B. The board by rule shall es…

A. The requirements of continuing professional pharmacy education provided in section 32-1936 do not apply to licensees beginning the date of initial licensure until the date of the first license renewal. B. The board may make exceptions from the requirements of section 32-1936 i…

A. As a condition of probation, the board may require that a licensee or permittee be subject to additional compliance inspections or audits and pay the reasonable costs of these inspections and audits. These costs shall not exceed one thousand dollars. The board shall limit thes…

A. Information received and records kept by the board in connection with investigations conducted pursuant to this chapter are confidential and are not open to the public or subject to civil discovery. B. Notwithstanding any other law or code of ethics regarding practitioner conf…

A. A third-party logistics provider that engages in logistics services into, within or from this state shall hold a third-party logistics provider permit in this state. B. A third-party logistics provider shall comply with storage practices, including all of the following: 1. Mai…

A. Except as otherwise provided in this chapter, it is unlawful for any person to compound, sell or dispense any drugs or to dispense or compound the prescription orders of a medical practitioner, unless that person is a pharmacist or a pharmacy intern acting under the direct sup…

A. A remote dispensing site pharmacy shall obtain and maintain a pharmacy license issued by the board. B. A remote dispensing site pharmacy shall meet all of the following requirements: 1. Either be jointly owned by a supervising pharmacy in this state or be operated under a cont…

A. No person shall manufacture, sell, offer or hold for sale or give away any new drug or device unless it fully complies with the provisions of the federal act. B. This section shall not apply to the nutritional supplement amygdalin, a cyano-genetic glycoside, also known as laet…

A. The proprietor, manager, and pharmacist in charge of a pharmacy shall be responsible for the quality of drugs and devices sold or dispensed in the pharmacy, except those sold in original packages of the manufacturer. B. No pharmacist or other person shall manufacture, compound…

A. If a medical practitioner prescribes a brand name drug and does not indicate an intent to prevent substitution as prescribed in subsection E of this section, a pharmacist may fill the prescription with a generic equivalent drug. B. A pharmacist may substitute a biological prod…

A. Every proprietor, manager or pharmacist in charge of a pharmacy shall keep in the pharmacy a book or file in which that person places the original of every prescription order of drugs, devices or replacement soft contact lenses that are compounded or dispensed at the pharmacy.…

The following acts or the causing of any thereof, in addition to any others so specified in this chapter, are prohibited: 1. The manufacture, sale, holding or offering for sale of any drug, device, poison, or hazardous substance that is adulterated or misbranded. 2. The adulterat…

A drug or device shall be deemed to be adulterated: 1. If it consists in whole or in part of any filthy, putrid or decomposed substance. 2. If it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have been contaminated with filth, or is not s…

A. A drug or device is misbranded: 1. If its labeling is false or misleading in any particular. 2. If in package form unless it bears a label containing both: (a) The name and place of business of the manufacturer, packer or distributor. (b) An accurate statement of the quantity …

A. A prescription-only drug shall be dispensed only under one of the following conditions: 1. By a medical practitioner in conformance with section 32-1921. 2. On a written prescription order bearing the prescribing medical practitioner's manual signature. 3. On an electronically…

A. This chapter does not prohibit a pharmacist or an intern under a pharmacist's supervision from filling a new written prescription order for a drug or device issued by a medical practitioner licensed by the appropriate licensing board of a foreign country. B. The proprietor, ma…

1. Outline the duties related to drug therapy and disease management that the provider is delegating to the pharmacist to perform, including drug therapy that the pharmacist may initiate, monitor and modify and laboratory tests that the pharmacist may order, and the eligible grou…

B. Compounding pharmacies that are licensed in this state shall have access to active pharmaceutical ingredients for use in compounding that meet United States pharmacopeia monographs, if the active pharmaceutical ingredient is prepared for use by a United States food and drug ad…

A. A poison or hazardous substance shall be misbranded unless the label bears, and accompanied information that it includes or bears, any directions for use which states conspicuously: 1. The name and address of the manufacturer or seller. 2. The common or usual name or the chemi…

A. As prescribed by the board by rule, each pharmacy shall implement or participate in a continuous quality assurance program to review pharmacy procedures in order to identify methods for addressing pharmacy medication errors. The rules shall prescribe requirements to document c…

A. Except as prescribed pursuant to subsection H of this section, a pharmacist who is licensed pursuant to this chapter and who meets the requirements of this section may order and administer all of the following: 1. Immunizations or vaccines recommended by the United States cent…

A. A pharmacist who is authorized to order and administer any medication pursuant to this chapter may order and administer emergency medication to manage an acute allergic reaction to the medication that was administered at the pharmacy. B. A pharmacist who administers emergency …

A. A legend drug product in finished solid dosage form shall not be manufactured or commercially distributed within this state unless it is clearly or prominently marked or imprinted with a code imprint identifying the drug product and the manufacturer or distributor of the drug.…

A. A prescription order for replacement soft contact lenses may be dispensed under the following conditions: 1. The prescription order shall be in the form required by this chapter and shall include the name of the prescribing physician or optometrist. 2. The prescription order c…

A. A permittee under this chapter shall not sell to the same person, and a person shall not purchase, products containing more than three and six-tenths grams per day or more than nine grams per thirty-day period of ephedrine or pseudoephedrine base, or their salts, isomers or sa…

A. It is prohibited for: 1. Any commercial entity to knowingly or wilfully sell or trade a finished drug product containing any quantity of dextromethorphan to a person who is under eighteen years of age. 2. Any person who is under eighteen years of age to purchase a finished dru…

A. A pharmacist may dispense, pursuant to a standing order issued pursuant to section 36-2266, naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration for a person who is at risk of experiencing an opioid-related ov…

B. A prescriber who is licensed to prescribe a self-administered hormonal contraceptive, including a person acting in the prescriber's capacity as an employee of the department of health services or a county health department, may issue a standing prescription drug order authoriz…

A. A pharmacist who is licensed pursuant to this chapter and who meets the requirements of this section may prescribe and administer oral fluoride varnish. B. A pharmacist who wishes to administer oral fluoride varnish pursuant to this section shall successfully complete a course…

A. A pharmacist who is licensed pursuant to this chapter and who meets the requirements of this section may prescribe and dispense tobacco cessation drug therapies to a qualified patient. Prescriptive authority is limited to nicotine-replacement tobacco cessation drug therapies, …

B. A virtual manufacturer of prescription drugs shall contract with a drug manufacturer that is permitted by this state.

In this article, unless the context otherwise requires: 1. "Chain pharmacy warehouse" means a physical location for prescription-only drugs that acts as a central warehouse and that performs intracompany sales or transfers of the prescription-only drugs to a group of pharmacies t…

B. The designated representative of a full-service wholesale permittee must: 1. Be at least twenty-one years of age. 2. Be employed by the full-service wholesale permittee in a managerial level position. 3. Be actively involved in the daily operation of the wholesale distribution…

1. Adulterated or counterfeited prescription-only drugs. 2. An amount or quantity of a prescription-only drug that exceeds the amount or quantity that the full service wholesale permittee or another full service wholesale permittee under common ownership sold to the pharmacy or c…

The board, through the appropriate county attorney or the office of the attorney general, may apply for injunctive relief in any court of competent jurisdiction or enjoin any person from committing any act in violation of this article. Injunctive proceedings are in addition to al…

The state board of pharmacy, the division of narcotics enforcement and criminal intelligence within the department of public safety, all officers exercising police powers, and county attorneys shall enforce the provisions of this chapter, unless such enforcement is otherwise spec…

A. Nothing in this chapter shall be construed to relieve any person from any requirement prescribed by or under authority of law with respect to marijuana, prescription-only drugs, narcotics, dangerous drugs or controlled substances as defined in the applicable federal and state …

A. The following may be seized by the division of narcotics enforcement and criminal intelligence within the department of public safety and its designated agents and all officers exercising police powers when they have reasonable grounds to believe it is: 1. A drug that is a cou…

A. When the board or its authorized agent finds or has probable cause to believe that any drug, device, poison, or hazardous substance is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this chapter, he shall affix to such article an appropri…

In addition to other remedies provided, the board may apply to the proper court for, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary restraining order, or a temporary or permanent injunction restraining any person from violating any p…

A. Except as provided in this section, a person who violates this chapter: 1. Without the intent to defraud or mislead is guilty of a class 2 misdemeanor. 2. With the intent to defraud or mislead is guilty of a class 5 felony. B. A person who violates section 32-1965, paragraph 4…

A. Notwithstanding any other law, a pharmaceutical manufacturer or its representative may engage in truthful promotion of an off-label use of a drug, biological product or device. B. This section does not require a health care insurer, other third-party payor or other health plan…

In this chapter, unless the context otherwise requires: 1. "Assistive personnel": (a) Includes: (i) Physical therapist assistants. (ii) Physical therapy aides. (iii) Other assistive personnel who are trained or educated health care providers and who are not physical therapist ass…

A. The board of physical therapy is established consisting of members appointed by the governor pursuant to section 38-211. Four members shall be physical therapists who are residents of this state, possess an unrestricted license to practice physical therapy in this state and ha…