New Hampshire Administrative Code

(a) Spills and leaks of pesticides on or in any containment structure shall be collected, and recovered in a manner that provides protection of human health and the environment, including surface water and ground water. The maximum possible recovery of the pesticide spilled or le…

(a) The following records shall be kept in permanent form: (1) Records of inspection and maintenance for each containment structure and for each stationary bulk container and its appurtenances, including the: a.Name of the person conducting the inspection or maintenance; b.Date; …

The use of closed systems, as defined under Pes 804.01(b), greater than 55 gallons but less than 300 gallons in capacity shall be exempt from Pes 804.02. Notes N.H. Admin. Code § Pes 804.14 #5611, eff 4-13-93; amd by #5734, eff 11-5-93 (From Pes 803.13); ss and moved by #5766, ef…

Any person engaged in the mixing or loading of pesticides shall comply with the following provisions: (a) The pesticide label recommendations shall be followed; (b) Mixing or loading of pesticides shall not be performed within 400 feet of gravel packed wells used for public water…

(a) Mixing or loading for chemigation shall be exempt from Pes 805.01(b) and (c) provided that: (1) The total capacity of pesticide(s) at the chemigation mixing and loading site is 5 gallons or less of liquid pesticide, or 50 pounds or less of dry pesticide; and (2) Secondary con…

All aerial applications of pesticides shall be reported within 7 days following the day of application to the division in the form and manner required under Pes 901.02(a) through (c). Notes N.H. Admin. Code § Pes 901.01 #150, eff 1-9-74; amd by #692, eff 9-8-75; amd by #1058.8, e…

(a) All applications of pesticides by registrants or permittees shall be recorded simply and accurately with records being maintained at the firm, branch office, or subsidiary for pesticide applications performed by personnel working from such firm, branch office or subsidiary as…

(a) Pesticide dealers shall maintain a record of their annual pesticide sales and submit an accurate report of these sales when applying for a license renewal. (b) Pesticide dealers shall report annually the following regarding pesticide sales: (1) Date of the sale; (2) Superviso…

(a) In addition to Pes 901.02, all records pertaining to the application of pesticides, as required under RSA 430:33 I, II, shall be made available to the division on an annual basis, for the period ending October 31, on or before December 1. (b) Applicators and permittees shall …

The rules of this title implement the statutory responsibilities of the New Hampshire board of pharmacy created by RSA 318, as amended, and RSA 318-B, as amended. These provisions regulate the licensing of pharmacies and pharmacists, the practice of pharmacy in the state of New H…

All terms used in these rules shall have the same meaning as in RSA 318:1, RSA 318-B:1 and RSA 541-A:1. Notes N.H. Admin. Code § Ph 102.01 #1639, eff 11-1-80; amd by #1856, eff 11-9-81; ss by #2260, eff 1-5-83; ss by #2914, eff 11-27-84; ss by #4600, eff 8-1-89; ss by #6094-A, IN…

(a) "Board" means the New Hampshire board of pharmacy created by RSA 318. (b) "Evidence" means all oral or documentary material received by the board. Evidence includes, but is not limited to, testimony under oath or affirmation, documents, exhibits, and sworn statements of witne…

The New Hampshire board of pharmacy is composed of 7 board members, appointed by the governor and council for a term of 5 years, limited to no more than 2 consecutive terms. At least one member shall be a hospital pharmacist, and one member shall be a public member. Notes N.H. Ad…

Annually, in September, the board members shall elect, from among their number, a president, a vice president, a secretary and a treasurer. Notes N.H. Admin. Code § Ph 103.02 #6181-A, eff 2-5-96

(a) The board shall maintain an office at 57 Regional Drive, Concord, N.H. 03301. All correspondence with the board shall be addressed as follows: State of New Hampshire Board of Pharmacy 121 South Fruit Street Concord , New Hampshire 03301. (b) The telephone number of the board …

(a) The board shall meet in its office on the third Wednesday of each month. Special meetings shall be held at the call of the president or by any officer. (b) A majority of the board may take action by telephone poll or written ballot provided that such action is ratified at a s…

Except as exempted by law, all records of the board may be examined by any person at the board office, during weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m. Notes N.H. Admin. Code § Ph 104.01 #6181-A, eff 2-5-96

(a) At the time and place identified in Ph 104.01, any person examining a document may make a copy of that document by any means not injurious to the document provided that the person wishing to make the copy supplies the means of doing so in the office of the board. In the event…

(a) Instead of the examination and copying permitted by Ph 104.01 and Ph 104.02, any person may request the board to provide that person with a complete mailing list of the board's licensees/registrants. This request shall be accompanied by the prescribed fee for each list reques…

(a) No person shall manufacture or act as a wholesale distributor of prescription drugs or prescription devices without first obtaining a license to do so from the board pursuant to this chapter. No license shall be issued or renewed for a manufacturer or wholesale drug distribut…

Applications for licensure of manufacturers, wholesalers and distributors may be obtained from, and shall be filed at, the board office, identified in Ph 1003.03. Notes N.H. Admin. Code § Ph 1001.02 #8447, INTERIM, eff 10-14-05, EXPIRED: 4-12-06 New. #8708, eff 8-23-06 Amended by…

(a) The applicant for licensure shall complete and submit the board provided form Ph A-5, revised 09/16. (b) Applicants shall also submit 2 photographs of the existing exterior of the facility in which the applicant is located. These photographs shall include any outside signage.…

(a) The licensed pharmacist shall provide the patient with an informed consent form, in accordance with form Ph EC-2, which may be obtained from the office of the board identified in Ph 103.03. (b) The informed consent form shall include at least the following:(1) The indications…

(a) The licensed pharmacist shall perform a patient assessment, in accordance with form Ph EC-3, which may be obtained from the office of the board identified in Ph 103.03. (b) The patient assessment form shall include at least the following; (1) Patient's name and address; (2) P…

(a) For each emergency contraception drug therapy initiated pursuant to this chapter, the pharmacist shall provide the recipient of the emergency contraceptive drug with a standardized fact sheet developed by the board that includes at least the following:(1) The indications for …

The following completed forms shall be maintained for 4 years at the dispensing pharmacy where emergency contraception drug therapy was provided: (a) Collaborative Agreement (Ph EC-1), or a copy thereof, in effect during the time emergency contraception drug therapy was delivered…

Nothing in this chapter shall affect the provisions of law relating to maintaining the confidentiality of medical records. Notes N.H. Admin. Code § Ph 1001.08 #8708, eff 8-23-06 The amended version of this section by New Hampshire Register Volume 36, Number 45, eff. 10/22/2016 is…

(a) All facilities at which prescription drugs are repackaged, wholesaled, stored, held, sold, offered for sale, exposed for sale, or kept for sale shall provide storage areas that have: (1) Adequate lighting; (2) Adequate ventilation; (3) Proper sanitation; (4) All drugs or chem…

(a) All buildings in which prescription drugs are wholesaled, repackaged, stored, held, sold, offered for sale, exposed for sale, or kept for sale shall be of suitable size, construction, and location to meet the requirements set forth in this chapter. (b) Buildings shall meet al…

(a) Each wholesale drug distribution center shall be equipped with an internal alarm system to detect entry after hours. The alarm system shall be of the type that transmits a signal directly to a central station protection company, to a local or state police agency that has a le…

(a) Inventories and other records of transactions regarding the receipt and disposition of prescription drugs shall be maintained and made available for inspection by the board's inspectors for a period of 2 years. (b) Records may be kept at a central location rather than at each…

(a) Inspections shall be performed by the board's inspectors and be conducted at the request of the board. (b) Inspections shall be conducted during normal business hours. (c) Information that is considered to contain trade secrets or which might be proprietary in nature shall be…

(a) Written policies and procedures shall be developed by management personnel to assure that the manufacturer and wholesale drug distributor prepares for, protects against, and handles crisis situations that affect the security or operation of the facility. Such crises shall inc…

A wholesale operation shall maintain a procedure for the proper handling and disposal of returned goods. Notes N.H. Admin. Code § Ph 1002.07 Derived From Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12007, Effective 10/22/2016, Expires 10/22/2026.

(a) A wholesale operation shall maintain a written policy for handling recalls and withdrawals for products. (b) Policies required by (a) above shall cover all recalls and withdrawals of prescription drug products due to: (1) Any voluntary action on the part of the manufacturer; …

A wholesale drug distribution operation shall maintain a list of principals and persons in charge including officers, directors, or primary stockholders and their qualifications. Notes N.H. Admin. Code § Ph 1002.09 Derived From Volume XXXVI Number 45, Filed November 10, 2016, Pro…

(a) All manufacturers, wholesalers and distributors shall comply with all applicable state and federal laws, regulations and rules. (b) All manufacturers, wholesalers and distributors, doing business in New Hampshire, shall, before shipping or distributing any prescription drug, …

(a) No manufacturer or wholesaler shall distribute prescription drugs directly to a consumer or a patient, or operate in such a manner as to endanger the public health. (b) Any person who manufactures, wholesales, or otherwise distributes prescription drugs, according to RSA 318:…

(a) It shall be the responsibility of the manufacturer or wholesaler to immediately notify the board of any changes of information submitted in the application for licensure. (b) Failure to provide the board with notification of changes in the application contents, within 30 days…

(a) Any licensee that intends to cease business activity shall inform the board, in writing, no less than 30-days prior to the anticipated closing. (b) If the records of receipt and disposition are maintained electronically, a complete record of transactions, for the current 2 ye…

(a) The balance of any inventory of non-controlled drugs may be sold to another wholesaler or manufacturer with invoices available to each party and a copy for the board's files. (b) The remaining balance of any controlled drugs may be transferred or sold to another wholesaler / …

(a) A wholesaler or distributor shall not distribute any drug which is adulterated or misbranded. After notice and opportunity for a hearing, a wholesaler, distributor who is found by the board to have knowingly distributed or otherwise sold for consumption an adulterated or misb…

The purpose of this chapter is to implement and regulate collaborative pharmacy practice as a means to make the provision of certain aspects of health care more efficient, less costly, and provided in a more timely manner. Notes N.H. Admin. Code § Ph 1101.01 #9381, eff 1-31-09 Am…

These rules shall regulate collaborative pharmacy practice only in the following institutions where the practice is permitted pursuant to RSA 318:16-a, III(a) - (d), namely: (a) Hospitals; (b) Long-term care facilities; (c) Licensed inpatient or outpatient hospice settings; and (…

"Attending practitioner" means "attending practitioner" as defined in RSA 318:1, XXV, namely, "the physician or advanced practice registered nurse who has the primary responsibility for the treatment and care of the patient" and as outlined in the collaborative agreement. Notes N…

"Collaborative pharmacy practice" means "collaborative pharmacy practice" as defined in RSA 318:1, XXVI, namely, "the practice of pharmacy whereby one or more pharmacists jointly agree, on a voluntary basis, to work in conjunction with one or more attending practitioners under wr…

"Collaborative pharmacy practice agreement'' means "collaborative pharmacy practice agreement'' as defined in RSA 318:1, XXVII, namely, "a written and signed specific agreement between a pharmacist and an attending practitioner that provides for collaborative pharmacy practice fo…