N.H. Rev. Stat. § 318:42

Current through Chapter 381 of the 2024 Legislative Session

Section 318:42 - Dealing in or Possessing Prescription Drugs

It shall be unlawful for any person who is not a licensed pharmacist in a pharmacy registered in accordance with the provisions of this chapter to manufacture, compound, dispense, sell, offer for sale or have in possession any prescription drug as defined in RSA 318:1, XVII, provided that this section shall not prevent the following:

I. Persons from possessing prescription drugs dispensed to them pursuant to a lawful prescription or who are acting as an authorized agent for a person holding a lawful prescription. For purposes of this section, an authorized agent shall mean any person, including but not limited to a family member or caregiver, who has the intent to deliver the prescription drug to the person to whom the prescription drugs are lawfully prescribed.

II. Physicians, dentists, optometrists, podiatrists, veterinarians, advanced practice registered nurses, naturopathic doctors, and physician assistants from possessing, compounding in accordance with RSA 318:14-a, personally administering, or distributing prescription drugs to meet the immediate medical needs of their patients. For advanced practice registered nurses and physician assistants, compounding shall be limited according to RSA 318:42, VIII.

(a) Nothing in this section shall prohibit the dispensing of noncontrolled prescription drugs by an authorized agent of a veterinarian for an animal under the agent's care, provided that the drugs were compounded by or under the supervision of the licensed veterinarian.

(b) Nothing in this section shall prohibit the dispensing or sale by an ophthalmologist of therapeutic contact lenses or the dispensing or sale by an optometrist of therapeutic contact lenses pursuant to RSA 327:6-a.

(c) Nothing in this section shall prohibit a dental hygienist from possessing, administering, dispensing, or prescribing a fluoride supplement, topically applied fluoride, and chlorhexidine gluconate oral rinse pursuant to RSA 317-A:21-c, I(g).

II-a. Midwives certified pursuant to RSA 326-D, from obtaining, possessing, or administering prescription drugs to meet the immediate medical needs of their patients. Such authority to obtain, possess, or administer shall be limited to those drugs listed in RSA 326-D:12. Nothing shall prohibit a pharmacist, in good faith, from selling and dispensing drugs listed in RSA 326-D:12 to midwives certified pursuant to RSA 326-D.

III. The sale of prescription drugs by licensed manufacturers or wholesalers to persons or entities legally authorized to possess such drugs.

IV. The possession of prescription drugs for such agricultural, technical, or industrial uses as may be approved by the board, the Federal Drug Enforcement Administration, or by other state or federal statutes or regulations.

V. The sale and distribution of nonprescription drugs as defined in RSA 318:1, XVIII by non-pharmacy retail stores and outlets. Retail stores and outlets engaging in the sale and distribution of such items shall not be deemed to be improperly engaged in the practice of pharmacy. No rule shall be adopted by the board under this chapter which shall require the sale of nonprescription drugs by a licensed pharmacist or under the supervision of a licensed pharmacist. The commissioner of the department of health and human services may make a determination that a specific product may only be dispensed upon a written prescription of a practitioner.

VI. The department of health and human services from possessing and distributing "biological drugs" to the public within the meaning of RSA 141-C:17.

VII. The dispensing of noncontrolled prescription drugs at a clinic by a licensed health professional legally authorized to administer immunizations or dispense medications, or by registered nurses in clinics of nonprofit family planning agencies under contract with the department of health and human services, provided that:

(a) The drugs are dispensed under a written protocol established by a licensed physician, physician assistant, or by an advanced practice registered nurse, which provides for responsible supervision over the activities in question and mentions the name of each health care provider for whom the physician, physician assistant, or advanced practice registered nurse is assuming supervisory responsibility. A written and signed copy of the protocol showing the date it was approved shall be kept at the clinic at all times and shall be made available during any inspection conducted under RSA 318:8.

(b) The drugs appear on the current vaccine schedule recommended by the federal advisory committee on immunization practices or the current formulary approved pursuant to RSA 326-B.

(c) The drugs are dispensed or administered only to bona fide clients of the clinic for their personal needs pursuant to written eligibility criteria established by the licensed physician, physician assistant, or advanced practice registered nurse who established the written and signed protocol.

(d) Nothing in this section shall be construed to negate any authority of the board of pharmacy pursuant to RSA 318:8.

(e) [Repealed].

VII-a.

(a) The possession and administration, with written parental authorization, of flu vaccine, immunizations, and mantoux tests for the purpose of disease prevention and tuberculosis screening by registered nurses employed or contracted by public school systems.

(b) The possession and administration of epinephrine for the emergency treatment of anaphylaxis by licensed practical nurses or registered nurses employed or contracted by public school systems or by licensed campus medical professionals in postsecondary educational institutions or independent schools.

(c) The possession, provision, and administration of a bronchodilator, spacer, or nebulizer by a school nurse or designated unlicensed assistive personnel pursuant to RSA 200:53 through RSA 200:57.

VII-b. The management of medication therapy and administration of non-controlled prescription drugs including injectable medications, biologicals, and immunizations by qualified pharmacists pursuant to collaborative pharmacy practice agreements.

VIII. A registered nurse or physician assistant from:

(a) Making dilutions from concentrated solutions or pre-weighed or pre-measured packets.

(b) Adding prepared sterile additives.

(c) Reconstituting or diluting medications following manufacturers specific directions.

(d) Entering an institutional pharmacy in an institutional setting specially designated for this purpose by the institution in the absence of a pharmacist to obtain those drugs needed in an emergency situation.

IX. A pharmacy student serving an internship from performing the duties of a pharmacist in the presence of, and under the direction and supervision of, a licensed pharmacist.

X. The possession, for emergency use only, by emergency medical care providers licensed under RSA 153-A of such noncontrolled prescription drugs as are specified by the state emergency medical services medical control board, with the concurrence of the pharmacy board, provided that there has been prior establishment of medical control for possession of such drugs. The emergency medical care provider may only administer such prescription drugs upon receipt of orders to do so from a supervising physician or an emergency/trauma advanced practice registered nurse. Such orders may be transmitted either directly or by telephone or by radio or by other communication medium, or by standing order of local medical control delineated in a protocol as defined in RSA 153-A.

XI. A nurse licensed under RSA 326-B who is an employee of a home health care or hospice agency licensed pursuant to RSA 151:2, and is acting in the course of his or her employment, from possessing such noncontrolled prescription drugs as are approved by the board of nursing and agreed upon jointly by the board of registration in medicine and the pharmacy board and from administering such preapproved noncontrolled prescription drugs according to written protocols approved annually by such employer's professional advisory committee which includes a physician licensed by the board of registration in medicine.

XII. A registered or certified pharmacy technician from performing functions and duties supervised by a licensed pharmacist as authorized by rules adopted by the board under RSA 541-A.

XII-a. A registered or certified pharmacy technician from performing transport for the authorized transfer of prescription drugs between pharmacies.

XIII. A nurse licensed under RSA 326-B, who is an employee of a home health care or hospice agency licensed pursuant to RSA 151:2 and is acting in the course of employment, from organizing the prescription and nonprescription drugs of clients into containers designed to aid clients in carrying out a prescriber's directions, provided that the organizing of drugs is documented in the client's nursing record and that the original prescription containers remain in the client's possession.

XIV. A nurse, licensed under RSA 326-B, who is an employee of a health facility, licensed by the state of New Hampshire, and acting in the course of his or her employment, from organizing the prescription and non-prescription drugs of clients into containers designed to aid clients in carrying out prescriber's directions; provided, that the organizing of the drugs is documented in the client's nursing record and that the original prescriptions will be kept at the facility or client's home and the medication container is set up on a weekly basis.

XV. The placement of automated pharmacy systems in long-term care facilities, hospices, and state correctional institutions, for the purpose of storage and dispensing of controlled and non-controlled prescription drugs under the supervision and control of a licensed pharmacist. Only pharmacies registered by the Federal Drug Enforcement Administration may provide controlled substances for storage in and dispensing from automated pharmacy systems.

XVI. Law enforcement officers who are acting within the scope of their employment and official duties, from possessing prescription drugs for the purpose of collection, storage, and disposal of such prescription drugs, in conjunction with a pharmaceutical drug take-back program established pursuant to RSA 318-E.

XVII. Persons who possess prescription drugs pursuant to a lawful prescription or who are acting as an authorized agent for a person holding a lawful prescription, from delivering any unwanted or unused prescription drugs to law enforcement officers for the purpose of disposal of such prescription drugs in conjunction with a pharmaceutical drug take-back program established pursuant to RSA 318-E, or residents lawfully in possession of prescription drugs in long-term care facilities, nursing homes, or assisted living facilities, or persons lawfully acting as an authorized agent for said resident, from disposing of any discontinued, unused, unwanted, or expired prescription drug, including controlled drugs, in accordance with a drug take-back program set forth under RSA 318-E and any applicable federal or state laws or regulations.

XVIII. A research organization licensed by the board pursuant to RSA 318:51-f, and researchers representing such organization, from possessing prescription drugs for research operations.

RSA 318:42

Amended by 2023, 58:3, eff. 7/31/2023.

Amended by 2019 , 264: §§8, 9 eff. 9/17/2019.

Amended by 2019 , 287: 11, eff. 7/19/2019.

Amended by 2016 , 45: 2, eff. 7/2/2016.

Amended by 2016 , 42: 2, eff. 7/2/2016.

Amended by 2015 , 45: 2, eff. 7/17/2015.

Amended by 2015 , 203: 4, eff. 7/1/2015.

Amended by 2013 , 121: 5, eff. 1/1/2014.

Amended by 2012 , 36: 1, eff. 7/1/2012.

Amended by 2011 , 63: 9, eff. 7/1/2011.

1921, 122:27. PL 210 :43. 1931, 123:5. 1941, 207:1. RL 256:43. 1949, 280:2. RSA 318:42. 1967, 82:2. 1973, 453:10. 1981, 484:19. 1988, 158:4. 1991, 189:1; 382:19. 1992, 245:2. 1993, 333:2. 1994, 333:8-10. 1995, 65:1; 286:26; 310:181, 182. 1996, 56:1; 267:21; 277:3. 1997, 326:2. 1998, 67:4, 5. 1999, 213:4; 345:7. 2000, 91:1; 188:5; 271:6, 7. 2001, 15 : 2 . 2002, 281 : 7 . 2003, 310 : 64 . 2004, 49 : 1 . 2005, 274 : 5 ; 293:7. 2006, 164 : 5 . 2007, 202 : 9 -11. 2009, 54 : 2 , 5; 152:1. 2010, 37 : 1 . 2011, 63 : 9 . 2012, 36 : 1 . 2013, 121 : 5 , eff. Jan. 1, 2014. 2015, 45 : 2 , eff. July 17, 2015; 203:4, eff. July 1, 2015. 2016, 42 : 2 ; 45:2 eff. July 2, 2016. 2019, 264 : 8 , 9, eff. Sept. 17, 2019; 287:11, eff. July 19, 2019.