Section Ph 303.02 - Licensing Only the Prescription Department(a) The pharmacy shall include only the prescription department where drugs, chemicals, medicines, prescriptions are stored, compounded and dispensed. This area shall not include the other retail sections of the store the principle business of which is not the practice of pharmacy.(b) The prescription department described in (a), above, shall be equipped with a functional alarm system to prevent entry when the pharmacy is not open to the public according to Ph 702.04.(c) The prescription department may be closed while the remainder of the business establishment remains open to the public. During such periods, the pharmacy shall comply with Ph 702.04.(d) A licensed pharmacist shall be on duty at all times when the prescription department is open to the public and during any absences by the pharmacist, the prescription department shall be secured except as is provided in Ph 704.01(b).(e) Whenever the prescription department is closed, a sign indicating that there is no pharmacist on duty shall be conspicuously displayed in the pharmacy area. Such sign shall be composed of 3" lettering.(f) Whenever the prescription department is closed, prescriptions may be left via a mail slot which falls directly into the pharmacy area.(g) The prescription mail slot: (1) Shall be constructed so as to accept only a written or typed prescription or a notation of the prescription number for refills;(2) Shall be no larger than 8" X 1" and designed so that prescriptions or notations, once deposited, cannot be retrieved by hand or by mechanical means; and(3) Shall be constructed so as to deliver these prescriptions or notations directly into the prescription area for access by the pharmacist only so that they are not visible to the general public.(h) No prescription, new or refill, shall be left with or accepted by pharmacy technicians as defined in RSA 318:1, XI-b or pharmacy interns as provided in RSA 318:42, IX when the prescription department is closed except as is provided in Ph 704.01(c).(i) No finished prescriptions shall be left outside of the pharmacy area prescription department for pick-up when the prescription department is closed.(j) No telephone prescriptions, new or refill shall be accepted by pharmacy technicians or pharmacy interns when the prescription department is closed except as is provided in Ph 704.01(c).(k) All drug order deliveries containing prescription drugs shall be delivered only when the prescription department is open and/or a licensed pharmacist is on the premises in order to secure such drug orders.(l) A barrier preventing access to the prescription department by the public, shall be erected pursuant to the security requirements of Ph 702.04(c).(m) The pharmacist-in-charge may designate personnel, in compliance with the provisions of Ph 702.05(b), to have keys, and a list of these individuals shall be communicated to the board of pharmacy in writing whenever changes occur.(n) All prescription departments licensed under this section shall be so equipped with a physical barrier from floor to ceiling capable of being locked and alarmed, separate from the rest of the store, to be utilized when the prescription department is not opened to the public.N.H. Admin. Code § Ph 303.02
#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-B, eff 2-5-96, EXPIRED: 2-5-04
New. #8316, eff 3-26-05; amd by #8572, eff 2-23-06
Amended byVolume XXXIV Number 46, Filed November 13, 2014, Proposed by #10702, Effective 10/23/2014.Amended by Volume XXXVI Number 06, Filed February 11, 2016, Proposed by #11031, Effective 1/29/2016, Expires 1/29/2026.