New Hampshire Administrative Code

(a) Inspections shall be performed, after presentation of proper identification, by pharmacy board investigators, inspectors, or commissioners, and he or she shall have access to all records concerning the purchase, storage, labeling, distribution, compounding, reconstitution, an…

Practitioner inspections shall occur based on a risk assessment level assigned by pharmacy board compliance staff based on the factors in Ph 2107.04 through 2107.06 Notes N.H. Admin. Code § Ph 2107.03 Derived from Volume XL Number 19, Filed May 7, 2020, Proposed by #13028, Effect…

The following providers' offices that dispense or administer prescription medications shall be inspected biennially: (a) Veterinarians in private practice offering intravenous services for non-sterile and sterile compounding of medications; (b) Animal hospitals/clinics; (c) Oral …

For the following providers without controlled substances who dispense or administer prescription medications, inspections shall be every 3 years: (a) Private practice providers without a hospital/HMO affiliation, also known as independent private practice providers; and (b) Vete…

For the following providers without controlled substances who dispense or administer prescription medications, inspections shall be upon request of the provider's board or provider: (a) Private practice physicians with a hospital/HMO affiliation; (b) Providers who are always affi…

(a) Inspections for pharmacy licensees, and licensees of the boards included in RSA 318:9-a and 318:8-a, shall include the certification listed in (d) and inspectors shall use the following forms:(1) For retail pharmacies, all matter included in the "Retail Pharmacy-Inspection Fo…

(a) Inspectors or investigators shall have all inspection reports, that is, forms as described in Ph 2108.01, reviewed and signed by the pharmacist on duty or designated representative at the completion of an inspection. (b) A copy of the inspection report shall be provided to th…

(a) The board inspector shall issue a violation notice to a licensee should the inspector find, during the course of an inspection, noncompliance with an administrative rule or federal, state, or local law related to the practice of pharmacy. A licensee or practitioner may contes…

(a) The minor violations shall be as listed in Ph 2109.07. (b) Remedying any minor violations shall be the responsibility of the pharmacist-in-charge and the permit holder. All corrective action taken shall be documented and mailed to the pharmacy board office with 15 days of not…

(a) Major violations shall as listed in Ph 2109.08. (b) All major violations for those regulated by the board of pharmacy shall be the responsibility of the pharmacist-in-charge and the permit holder. The pharmacist-in-charge and the pharmacist on duty at the time of violation sh…

(a) Any person or entity who fails to submit the information required in RSA 318-B:33, or knowingly submits incorrect information, shall be subject to a warning letter and provided with an opportunity to correct the failure. (b) Any person or entity who subsequently fails to corr…

Violations found in the course of an inspection shall be subject to administrative fines pursuant to Ph 2207.02. Notes N.H. Admin. Code § Ph 2109.05 Derived from Volume XL Number 19, Filed May 7, 2020, Proposed by #13028, Effective 4/11/2020, Expires 4/11/2030.

(a) Pharmacy board investigators/inspectors shall audit prescriptions at the request of the PMP auditor during normal inspection; (1) Auditor shall request from pharmacy/provider 8 prescriptions from random sampling a minimum of 2 weeks prior to inspection; (2) Pharmacy board inv…

The following violations shall be considered minor violations for which licensees shall be subject to a $25.00 fine: (a) General Violations: (1) Pharmacist license is not posted; (2) Pharmacy has insufficient equipment; (3) The work area is not orderly and clear of obstructions; …

The following shall be considered major violations: (a) For which licensees be subject to a $100.00 fine:(1) The failure of equipment such as the medication/vaccine refrigerator or freezer, hot or cold water, heat of air conditioning failure causing the pharmacy to be outside the…

In addition to RSA 318:1, the following definitions shall apply to this chapter: (a) "Board investigator" means a pharmacist employed by the pharmacy board to investigate violations of the pharmacy laws or the rules of the pharmacy board by a person licensed at the time the alleg…

This part describes how the pharmacy board conducts investigations as authorized by RSA 318:8-a, RSA 318:14-a, RSA 318:30, and RSA 318:42. Notes N.H. Admin. Code § Ph 2202.01 Derived from Volume XL Number 11, Filed March 12, 2020, Proposed by 12997, Effective 3/5/2020, Expires 3/…

This section shall apply to any party licensed by the pharmacy board or party licensed by another regulatory board that has given investigatory authority to the pharmacy board of pharmacy under RSA 318:30. Notes N.H. Admin. Code § Ph 2202.02 Derived from Volume XL Number 11, File…

(a) Consumer complaints shall be filed using the administrative complaints packet Ph 532, revised 11/1/18, containing "Complaint cover sheet form Ph 533," revised 11/1/18, "Pharmacy/Pharmacist Complaint Form" (Ph 534), revised 11/1/2018, and "Release of Medical Information form P…

(a) The board investigator shall issue "Quality Related Event (QRE) Report" forms (Ph 530), revised 3/19, available on the pharmacy board's website at https://www.oplc.nh.gov/pharmacy/complaints.htm, to licensees for information concerning the allegations of a complaint. (b) A li…

The following licensees and medical providers shall be subject to investigations: (a) Licensees of the pharmacy board including:(1) Pharmacies, pharmacists, and pharmacy technicians; (2) Permit holders including: a. Tele-pharmacy service providers; b. Methadone clinics; c. Infusi…

(a) Investigations into complaints shall be done by pharmacy board commissioners and pharmacy board investigators in conjunction with pharmacy board counsel and the administrative prosecution unit (APU) of the NH department of justice. (b) Investigations shall focus on evidence o…

(a) The pharmacy board administrator/chief of compliance shall follow up with a complainant as to the outcome of the investigation. (b) Unfounded investigation reports and pharmacy board actions shall be kept on file by the pharmacy board for 5 years. Founded pharmacy board actio…

(a) All costs associated with an investigation shall be reported to the respective regulatory board of the licensee for tracking and potential assessing of investigation cost under RSA 332-G:11. (b) Costs involved with an investigation shall include:(1) The cost of the investigat…

(a) Pharmacy board investigators shall review all information concerning technically sufficient complaints and prepare a report of investigation for pharmacy board review. (b) The report of investigation shall include, but need not be limited to: (1) The name and license number o…

If, in the course of their investigation, a board investigator finds a violation of an administrative rule in plain sight, then the investigator shall issue a violation notice pursuant to the rules in Ph 2100. Notes N.H. Admin. Code § Ph 2206.02 Derived from Volume XL Number 11, …

All pharmacy board investigations concerning the prescription drug monitoring program shall be referred to the respective board of the licensee upon completion. Notes N.H. Admin. Code § Ph 2206.03 Derived from Volume XL Number 11, Filed March 12, 2020, Proposed by 12997, Effectiv…

(a) The pharmacy board shall review the completed reports of investigation at their next scheduled pharmacy board meeting. (b) After review and after considering the factors set forth in (e) below, the pharmacy board shall take action in one or more of the following ways: (1) Ref…

(a) Persons subject to the disciplinary authority of the pharmacy board and other persons subject to administrative fines or penalties under RSA 318:29, IV or RSA 318:55, II shall after notice and an opportunity to be heard, be assessed fines and penalties as authorized under RSA…

(a) "Automated dispensing machines" (ADM) means a mechanical system that performs operations or activities, other than compounding or administration, relative to the storage, packaging, counting, labeling, and dispensing of medications, and which collects, controls, and maintains…

(a) A pharmacy permit shall be required for each institution with an on-premise pharmacy. Such permit shall be issued to an institution, who shall be licensed in the state of New Hampshire. (b) When an institution procures prescription drugs for its patients only on individual pr…

(a) An institutional permit shall permit the pharmacy to dispense medications to the following, but is not limited to: (1) In-patients of the institution; (2) Staff or employees and their dependents, of the institution; (3) Interim supplies of medication to outpatients in emergen…

The institutional pharmacy environment shall be detailed in the institution's policies and procedures and shall include at the minimum the following: (a) How the institution will be enclosed and lockable and how the alarm is to be engaged when not open 24 hours a day; (b) How the…

The institution drug security protocols shall be detailed in the institution's policies and procedures and shall include, but not be limited to, the following: (a) Drugs stored in any area or department of the facility shall be labeled and kept secure and shall be accessible only…

(a) Only a pharmacist shall open and close the pharmacy for dispensing. The pharmacist-in-charge of each institutional pharmacy shall establish written policies identifying specific situations when authorized personnel may be present in the pharmacy in the absence of a licensed p…

(a) In the ambulatory patient treatment areas, a practitioner authorized under under any other law of the state of New Hampshire may dispense drugs for the immediate needs of the patient, with no more than a maximum of a 72-hour supply, except: (1) For Schedule II-IV controlled s…

lnvestigationa1 drugs for research shall be used only under the authority of the principal investigator. Such drugs shall be controlled by the pharmacy and shall be labeled according to the research protocols. The principal investigator shall provide essential information on such…

(a) The pharmacist-in-charge, with the consent of the institution's pharmacy and therapeutics committee or comparable committee of its medical staff, shall be responsible for the quality of all drugs, biologicals, and pharmaceutical chemicals. (b) Drugs including, but not limited…

The purpose of this chapter is to promulgate procedures regarding the dispensing of oral contraceptives, via a standing order, pursuant to RSA 318:47-1. Notes N.H. Admin. Code § Ph 2401.01 Derived from Volume XLII Number 10, Filed March 10, 2022, Proposed by #13343, Effective 2/1…

The rules shall regulate pharmacists licensed by the New Hampshire board of pharmacy in the prescribing and dispensing of hormonal contraceptives without a prior prescription. Notes N.H. Admin. Code § Ph 2401.02 Derived from Volume XLII Number 10, Filed March 10, 2022, Proposed b…

In order to clarify, improve, and support appropriate pharmacist prescribing, the board shall periodically review prescribing standards and practices and seek recommendations in consultation with designated representatives from the New Hampshire board of medicine, New Hampshire b…

(a) "Board" means the New Hampshire pharmacy board as established by RSA 318:1, III and RSA 318:2. (b) "Clinical visit" means a consultation with a healthcare practitioner, other than a pharmacist, for women's health, which address contraception and age-appropriate screening. (c)…

In order to dispense hormonal contraceptives, a pharmacist shall: (a) Complete an Accreditation Council for Pharmacy Education approved training program for hormonal contraceptives; (b) Have a private area designed to maintain privacy and confidentiality of the patient and is not…

A pharmacist who engages in hormonal contraceptive initiation and dispensing shall: (a) Provide each patient who seeks hormonal contraceptives with a board-supplied standardized information sheet, written in plain language, regarding the hormonal contraceptive being dispensed, wh…

(a) A pharmacist engaging in the initiation and dispensing of hormonal contraceptives shall maintain patient records for a minimum of 7 years. (b) Maintained patient records shall, at a minimum, include:(1) The name and date of birth of the patient; (2) A copy of the "Hormonal Co…

Pharmacists shall only dispense hormonal contraceptives to a person who is: (a) At least 18 years of age, regardless of whether the person has evidence of a previous prescription from a primary care practitioner or a women's health care practitioner for a hormonal contraceptive; …

(a) Licensed pharmacists who dispense hormonal contraceptives shall comply with the board's rules, U.S. MEC, U.S. SPR, and the "Standard Procedures Algorithm for New Hampshire RPH Prescribing of Contraceptives", dated November 17, 2021 available on the boards web site, https://ww…