New Hampshire Administrative Code

A pharmacist shall not dispense or sell to the public any drug which is adulterated, misbranded, or has been previously sold and returned to stock. After notice and opportunity for a hearing, a pharmacist who is found by the board to have knowingly dispensed or otherwise sold for…

(a) Prescriptions bearing "PRN", "Ad lib", or other similar prescription refill designation permitting the pharmacist to refill the prescription as needed by the patient, shall be refilled only in keeping with the number of doses ordered and according to the directions for use, a…

A pharmacist may refill a prescription drug order, including controlled substances listed in Schedules III, IV, and V, without the authorization of the prescribing practitioner, provided that: (a) A failure to refill the prescription might result in an interruption of a therapeut…

Splitting fees, making rebates, or sharing money received for pharmaceutical services, or the donation of or the use of equipment with other health practitioners or with health institutions providing patient care shall be deemed by the board to be contrary to the best interests o…

(a) A patient record system shall be maintained by all pharmacies for patients for whom prescriptions are dispensed. The patient record system shall provide for the immediate retrieval of information necessary for the dispensing pharmacist to identify previously dispensed drugs a…

(a) A pharmacist shall review the patient record and each prescription presented for dispensing for purposes of identifying:(1) Over-utilization or under-utilization; (2) Therapeutic duplication; (3) Drug-disease contraindication; (4) Drug-drug interactions; (5) Incorrect drug do…

(a) Patient counseling shall be appropriate based on the pharmacist's professional and clinical judgement according to current standards of practice. (b) A pharmacist shall not be required to counsel a patient or agent when the patient or agent refuses such consultation. However,…

Original prescription drug order information for drugs may be transferred between pharmacies for the purpose of refill dispensing subject to the following: (a) The transfer of controlled drug prescriptions shall be communicated between 2 licensed pharmacists; (b) The transfer of …

All cough syrups containing codeine shall not be dispensed without a prescription. Notes N.H. Admin. Code § Ph 704.05 #1639, eff 11-1-80; ss by #2260, eff 1-5-83; ss by #2914, eff 11-27-84; ss by #4600, eff 8-1-89; ss by #6094-B, INTERIM, eff 9-21-95, EXPIRED, 1-19-96 New. #6181-…

(a) Unless instructed otherwise by the person receiving the drug pursuant to the prescription, a pharmacist filling a prescription for a drug product prescribed by its trade or brand name may select a therapeutically equivalent drug product with the same established name, active …

(a) Except as provided in Ph 704.07(b), no drug, prescription, device, sickroom supply or item of personal hygiene which has left control of the pharmacist or pharmacy and is returned to the pharmacy shall be resold or re-dispensed after such item has been taken from the premises…

(a) No person licensed under the provisions of RSA 318, shall enter into or participate in any arrangement or agreement whereby prescriptions may be left at, picked up from, accepted by, or delivered to any store, shop or location not licensed as a pharmacy. (b) This section shal…

A pharmacist shall not dispense or sell to the public any drug which is adulterated or misbranded. After notice and opportunity for a hearing, a pharmacist who is found by the board to have knowingly dispensed or otherwise sold for consumption an adulterated or misbranded drug, s…

Prescriptions written by physicians in a state other than New Hampshire may be dispensed to a patient only when the traditional physician-pharmacist-patient relationship exists. Notes N.H. Admin. Code § Ph 704.10 #2260, eff 1-5-83; ss by #2914, eff 11-27-84; ss by #4600, eff 8-1-…

(a) Pharmacists looking to serve as a Pharmacist-in-Charge (PIC) shall: (1) Have worked as a pharmacist for a minimum of 2 years post-graduation; (2) Complete and pass with a minimum of 80% an exam designed by the board to assess the knowledge of the candidate in regard to their …

Whenever a pharmacist-in-charge shall cease performing that function, that pharmacist-in-charge shall notify the board in writing of the date upon which the cessation of that function is effective. That pharmacist-in-charge shall remain responsible for compliance, in the pharmacy…

Whenever a pharmacist-in-charge shall cease performing that function in a pharmacy, the new pharmacist-in-charge shall, within 3 days, cause to be completed a written inventory of all controlled substances located in that pharmacy. The record of that inventory shall be retained i…

(a) Prescriptions bearing "PRN", "Ad lib", or other similar prescription refill designation permitting the pharmacist to refill the prescription as needed by the patient, shall be refilled only in keeping with the number of doses ordered and according to the directions for use, a…

A pharmacist may refill a prescription drug order, including controlled substances listed in Schedules III, IV and V, without the authorization of the prescribing practitioner, provided that: (a) A failure to refill the prescription might result in an interruption of a therapeuti…

Splitting fees, making rebates, or sharing money received for pharmaceutical services, or the donation of and/or the use of equipment with other health practitioners or with health institutions providing patient care shall be deemed by the board to be contrary to the best interes…

Any person authorized to possess controlled drugs and desiring to dispose of such drugs may request destruction of the drugs by the board or request an authorization from the board to destroy such drugs. Notes N.H. Admin. Code § Ph 705.01 #1639, eff 11-1-80; ss by #2260, eff 1-5-…

(a) A request to destroy controlled drugs shall be in writing and signed by a duly authorized person as defined in (b) below. The itemized written request shall be conveyed to the board office and the destruction process shall not proceed until the authorization is received by th…

(a) A consultant pharmacist to a nursing home, group home, or assisted living facility shall be designated an agent of the pharmacy board for the sole purpose of destroying controlled drugs at the licensed home or homes for which he or she serves as consultant by filing a written…

(a) The destruction of controlled drugs by the board shall occur on the premises of the practitioner, institution, or agency requesting the destruction. Destruction shall be carried out by any person so designated as the authorized agent of the board provided that such agent as w…

(a) A record of the drugs destroyed shall be made on federal form DEA-4l, "Registrant's Inventory of Drugs Surrendered" in accordance with 21 CFR 1307.21, 22. This form may be obtained from the board office, identified in Ph 103.03, or from an office of the Drug Enforcement Admin…

Nothing contained in part Ph 705 shall require the board to destroy any drug if the board determines that to do so would impair law enforcement efforts or the health or safety of any person. Notes N.H. Admin. Code § Ph 705.06 Derived from Volume XLII Number 28, Filed July 14, 202…

Persons subject to the disciplinary authority of the board and other persons subject to administrative fines or penalties under RSA 318:29, IV shall, at the discretion of the board, after notice and an opportunity to be heard, be assessed fines and/or penalties as authorized unde…

(a) The decision to impose a fine and the amount of such fine shall depend on: (1) The severity of harm to the public posed by the violation(s); (2) The number of concurrent and/or repeated violations; and (3) The frequency of violations committed by the particular licensee, perm…

(a) Pharmacists shall be required to make a reasonable attempt to counsel the patient or patient's caregiver in person or by telephone when dispensing the first fill of a new prescription in the following situations: (1) Prescriptions for patients under the age of 13; (2) Concent…

Any person authorized to possess controlled drugs and desiring to dispose of such drugs may request destruction of the drugs by the board or request an authorization from the board to destroy such drugs. Notes N.H. Admin. Code § Ph 707.01 #4600, eff 8-1-89; ss by #6094-B, INTERIM…

(a) A request to destroy controlled drugs shall be in writing and signed by a duly authorized person as defined in (b) below. The itemized written request shall be conveyed to the board office and the destruction process shall not proceed until the authorization is received by th…

(a) A consultant pharmacist to a nursing home, group home or assisted living facility shall be designated an agent of the pharmacy board for the sole purpose of destroying controlled drugs at the licensed home or homes for which he or she serves as consultant by filing a written …

(a) The destruction of controlled drugs by the board shall occur on the premises of the practitioner, institution or agency requesting the destruction. Destruction shall be carried out by any person so designated as the authorized agent of the board provided that such agent as we…

(a) A record of the drugs destroyed shall be made on federal form DEA-4l, "Registrant's Inventory of Drugs Surrendered" in accordance with 21 CFR 1307.21, 22. This form may be obtained from the board office, identified in Ph 103.03, or from an office of the Drug Enforcement Admin…

Nothing contained in part Ph 707 shall require the board to destroy any drug if the board determines that to do so would impair law enforcement efforts or the health or safety of any person. Notes N.H. Admin. Code § Ph 707.06 #1639, eff 11-1-80; ss by #2260, eff 1-5-83; ss by #29…

(a) Written notification to the board shall be filed at least 15 days prior to the date of the anticipated closing. This notice shall indicate the date of closing and the planned disposition of legend drugs including controlled substances and all records thereof. (b) Written noti…

(a) Security of the pharmacy shall be maintained while there is a supply of legend drugs including controlled substances on the pharmacy premises. Stable, unopened containers of legend drugs including controlled drugs may be returned by the pharmacy to the wholesaler/manufacturer…

No later than 20 days after a pharmacy closing, the licensee shall: (a) Return the pharmacy permit to the board; (b) Notify the board that all signs and symbols indicating the presence of a pharmacy have been removed; (c) Notify the board that all labels and blank prescriptions h…

(a) "Automated medication supply system" means an electronically controlled system that performs operations or activities relative to the storage and distribution of medications for administration and which collects, controls, and maintains all transaction information. (b) "Elect…

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

(a) The institutional pharmacy shall be enclosed, lockable and alarmed. (b) The institutional pharmacy shall have adequate space necessary for the storage, compounding, labeling, dispensing and sterile preparation of drugs prepared in the pharmacy. (c) The institutional pharmacy …

(a) Drugs stored in any area or department of the facility shall be plainly labeled and kept in a specifically designated, well-illuminated cabinet, closet or storage area and shall be accessible only to authorized personnel. (b) When controlled drugs are stored in authorized are…

(a) Drugs shall be dispensed only by or in the presence of and under the supervision of a pharmacist, or prescriber in compliance with local, state and federal pharmacy-related laws and rules. Upon the written order of a prescriber a nurse may leave a properly labeled container o…

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

(a) In the ambulatory patient treatment areas, a medical practitioner may dispense drugs for the immediate needs of the patient, not in excess of a 72-hour supply, except that, for Schedule II controlled substances, a maximum of 48-hour supply shall be allowed, if permitted by th…

Investigational drugs for research shall be used only under the supervision of the principal investigator and shall be approved by an appropriate medical staff committee. Such drugs shall be controlled by the pharmacy and shall be properly labeled. A central unit, which may be th…

(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) Purchasing of drugs, pharmaceutica…