Title XXX, Occupations and Professions

In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained herein, and the burden of proof of any such excep…

I. The commissioner may add, delete, or reschedule all substances, by rule, pursuant to RSA 541-A, after hearing and after consulting with the pharmacy board. In making a determination regarding a substance, the commissioner shall consider the following: (a) Actual or relative po…

I. Schedule I Tests. The commissioner shall place a substance in schedule I if he finds that the substance: (a) Has high potential for abuse; and (b) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervis…

I. The legislature intends that the provisions of paragraph III of this section shall remain in effect until such time as flunitrazepam is scheduled by the commissioner of the department of human services in accordance with and pursuant to RSA 318-B. II. The legislature finds tha…

The board shall hold meetings at least quarterly, and at such time and place as they may see fit.

I. Two or more persons may join in one action under this chapter as plaintiffs if their respective actions have at least one place of illegal drug activity in common and if any portion of the period of illegal drug use overlaps with the period of illegal drug use for every other …

I. A practitioner other than a veterinarian, in good faith, in the course of his professional practice, and for a legitimate medical purpose, may administer and prescribe controlled drugs, or the practitioner may cause the same to be administered by a nurse or intern under his di…

I. An action by an individual drug user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsib…

I. Not Dependence Forming or of Sustaining Character. The department of health and human services may by rule exempt from the application of this chapter, to such extent as it determines to be consistent with the public welfare, pharmaceutical preparations found by the department…

I. Practitioners, including physicians, podiatrists, dentists, veterinarians, optometrists, advanced practice registered nurses, manufacturers, wholesalers, pharmacists, clinics, hospitals, and laboratories, shall keep separate records, so as not to breach the confidentiality of …

A person subject to liability under this chapter has a right of action for contribution against another person subject to liability under this chapter. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may see…

Any minor 12 years of age or older may voluntarily submit himself to treatment for drug dependency as defined in RSA 318-B:1, IX, or any problem related to the use of drugs at any municipal health department, state institution or facility, public or private hospital or clinic, an…

I. Whenever a manufacturer sells or dispenses a controlled drug, and whenever a wholesaler sells or dispenses a controlled drug in a package prepared by him, he shall securely affix to each package in which the drug is contained a label showing in legible English the name and add…

I. Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence. II.…

No licensed pharmacist shall face non-disciplinary or disciplinary action by the pharmacy board for filling a valid prescription for an off-label use.

I. A plaintiff under this chapter, subject to paragraph II, may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award. If attachment is instituted, a defendant is entitled to an immediate hearing.…

A licensed pharmacist shall have the right to conduct a pharmacy for the compounding, according to the provisions of RSA 318:14-a, of medicines upon physicians', dentists', optometrists', podiatrists', veterinarians', advanced practice registered nurses', naturopathic doctors', a…

I. Products that are not commercially available may be compounded for hospital or office use but shall not be resold or dispensed. Nonprescription items may be compounded upon order by a practitioner for sale as long as the labeling complies with RSA 318:47-a and the product is n…

Pharmacists may administer COVID-19 testing if the following conditions are met: I. The pharmacist received adequate education and training to initiate, order, administer, and analyze COVID-19 test kits. II. The COVID-19 tests are administered at a pharmacy that holds the appropr…

The provisions of this chapter restricting the possession and having control of controlled drugs shall not apply to: I. Common carriers or to warehousemen while engaged in lawfully transporting or storing such drugs, or to an employee of the same acting within the scope of his em…

I. Except as otherwise provided in this section, a claim under this chapter shall not be brought more than 2 years after the cause of action accrues. A cause of action accrues under this chapter when a person who may recover has reason to know of the harm from illegal drug use th…

No person shall perform the functions or duties of a pharmacy technician unless such person is either registered by the office of professional licensure and certification to perform certain functions or, upon completion of training, certified to perform certain functions, and doe…

No person shall perform the functions or duties of a pharmacy intern unless such person is registered by the office of professional licensure and certification to perform certain functions, and does so under standards of supervision established by rules of the board adopted pursu…

I. No person employed as a licensed advanced pharmacy technician shall perform the functions or duties of a licensed advanced pharmacy technician as defined in RSA 318:1, XXXIII unless such person is issued a license by the office of professional licensure and certification and d…

[Paragraph I effective until September 8, 2026; see also paragraph I set out below.] I. New Hampshire licensed pharmacists, certified New Hampshire pharmacy technicians, or registered New Hampshire pharmacy interns may engage in remote processing, provided that all work requiring…

I. A prosecuting attorney may represent the state or a political subdivision of the state in an action brought under this chapter. II. Upon the filing of an action under this chapter, the plaintiff shall give immediate notice in writing and provide a copy of the writ to the attor…

In case of death or under extreme conditions, the board may, in its discretion, issue a special permit to operate a pharmacy in a manner and under conditions that will safeguard the interests of the public for a period not to exceed 60 days.

Any store, shop, warehouse, dwellinghouse, building, vehicle, boat, aircraft, or any place whatever which is resorted to by drug-dependent persons for the purpose of using controlled drugs or which is used for the illegal keeping or selling of the same shall be deemed a common nu…

I. For a pharmacist to participate in a collaborative pharmacy practice agreement, the pharmacist shall: (a) Hold an unrestricted and current license to practice as a pharmacist in New Hampshire. (b) Have at least $1,000,000 of professional liability insurance coverage. [Paragrap…

Any controlled drug containing opiates dispensed by a health care provider or pharmacy shall have an orange sticker with the word "opioid" in easily legible font placed on the cap or dispenser and shall have a warning label stating "Risk of addiction and overdose." The health car…

I. A pharmacist, pharmacy intern, licensed advanced pharmacy technician, or certified pharmacy technician, under the supervision of an on-site immunizing pharmacist may administer influenza and a COVID-19 vaccine, if available, to the general public. [Paragraph II effective until…

The provisions of this chapter are not intended to alter the law regarding intra-family tort immunity.

All controlled drugs, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a law enforcement officer shall be forfeited and disposed of as follows: I. The superior court shall order such controlled drug…

No person other than the pharmacy board, its officers, agents, and inspectors shall destroy any out-dated, deteriorated, excessive or otherwise unwanted or confiscated controlled drugs which are in the possession of a practitioner, veterinarian, pharmacy, peace officer, nursing h…

I. Interests in the following property, upon petition of the attorney general, shall be subject to forfeiture to the state and said property interest shall be vested in the state: (a) All materials, products and equipment of any kind, including, but not limited to, firearms, scal…

I. There is hereby established within the office of the state treasurer a special revolving fund to be designated as the drug forfeiture fund. This fund shall be administered by the attorney general and may be used to pay the costs of local, county and state drug related investig…

The department of justice shall adopt and maintain drug asset forfeiture guidelines. The attorney general shall submit the guidelines and any proposed amendments to such guidelines to the house judiciary and family law committee and to the senate judiciary committee for review an…

If any provision of this chapter or the application of any provision to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to any other person or circumstance shall not be affected by that invalidation.

On the conviction of any person for violation of any provision of this chapter, a copy of the judgment and sentence, and of the opinion of the superior court if any opinion is filed, shall be sent by the clerk of the court to the board by whom the convicted defendant has been lic…

I. (a) An applicant for examination and licensure as a pharmacist shall have graduated with the basic, professional pharmacy baccalaureate degree or pharmacy doctor degree from a school of pharmacy, college of pharmacy, or pharmacy department of a university approved by the board…

Any person registered as a pharmacist in this state on January 1, 1977, shall have all the rights granted to pharmacists under this chapter, as long as such person complies with the licensing requirements of this chapter.

Applicants for licensure as pharmacists shall, to prove their respective requisite knowledge, be examined to a properly varying degree in pharmacy-related subject areas which may include chemistry, math, pharmacology, pharmacy theory, the practice of pharmacy, and any other areas…

I. It shall be unlawful for any person to manufacture, possess, have under his control, sell, purchase, prescribe, administer, or transport or possess with intent to sell, dispense, or compound any controlled drug, or controlled drug analog, or any preparation containing a contro…

There shall be a pharmacy board consisting of 7 members; including 5 practicing pharmacists, at least one of whom shall be a full-time hospital pharmacist, one pharmacy technician, and one public member, each to be appointed by the governor, with the approval of the council, to a…

The purpose of this chapter is to: I. Provide a civil remedy for damages to persons in a community injured as a result of illegal drug use. These persons include parents, employers, insurers, governmental entities, and others who pay for drug treatment or employee assistance prog…