Section Ph 701.02 - DefinitionsExcept where the context makes another meaning manifest, the following words mean:
(a) "Adulterated drug" means any drug:(1) That is contaminated, decomposed, deteriorated, sub-potent, super-potent, or otherwise unsafe for administration to humans or other animals;(2) Which has been manufactured, composed, prepared, stored, or dispensed in such a manner which may cause it to be contaminated, decomposed, deteriorated, sub-potent, super-potent, or otherwise unsafe for administration to humans or other animals; and(3) Which can be defined as an adulterated drug under the provisions of RSA 146:4 or federal law.(b) "Device" means an instrument, apparatus, implement, machine, contrivance, implant, or other similar or related article, including any component part or accessory, which is required under federal law to bear the label, "Caution: Federal or State law requires dispensing by or on the order of a physician" or "Rx only".(c) "Distributor" means a person or persons who supplies or facilitates the supply of prescription drugs or devices to someone other than the patient, including, but not limited to, manufacturers, repackagers, brokers and wholesale drug distributors.(d) "Fit place to practice" means that an employee can safely complete professional and clinical duties and tasks in compliance with the board's rules and statutes because the facility's permit holder has established processes, policies, and procedures necessary to ensure safety.(e) "Institution" means a health care facility which provides inpatient care and includes: (3) Extended care facilities;(4) Residential care facilities;(7) Correctional facilities; and(f) "Institutional pharmacy" means an area in an institution where drugs are stored, manufactured, compounded, dispensed, or issued to other areas or departments of the institution.(g) "Misbranded drug" means a drug: (1) Whose label misrepresents the contents or is misleading;(2) Dispensed by prescription with a label that does not comply with the provisions of RSA 318 or RSA 318-B; and(3) Which can be defined as a misbranded drug under the provisions of RSA 146 or federal law. (h) "Permit holder" means a person or entity to whom a license or permit has been issued under the provisions of RSA 318 and RSA 318-B for the purpose of operating a pharmacy.(i) "Prescriber" means a practitioner, duly authorized by statute, who issues a drug order or prescription.(j) "Prescription" means a verbal, telephonic, written, or electronically transmitted order for drugs, medicines, and devices by a practitioner licensed in the United States, to be compounded and dispensed by licensed pharmacists in a duly registered pharmacy.(k) "Principal" means an officer, director, or primary stockholder of a business entity or corporation.(l) "Professional corporation" as used in these rules means a corporation organized under RSA 294-A for the purpose of providing professional services in the field of medicine, dentistry, veterinary, podiatry, pharmacy, or any other profession in which individual practitioners can lawfully possess, dispense, or distribute prescription drugs.(m) "Professional judgement" means the application of a combination of professional knowledge and experience to derive a resolution within standards of care, ethics, and objectives.(n) "Scanned prescription" means the digital image of a prescription or medication order scanned into the data processing system.(o) "Signature" means: (1) The handwritten name of an individual affixed by the hand of that individual to a document;(2) An electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign a document or record; or(3) An electronic signature.(p) "Traditional physician-pharmacist-patient relationship" means a situation whereby the pharmacist knows either the physician, the patient, or both, and can readily and easily check on factors concerning the prescription.(q) "Unit-dose" means a single-unit container that is designed to hold a quantity of drug product intended for administration as a single dose and labeled with the identity, quantity, and strength, name of the manufacturer, lot number, and expiration date of the drug product.(r) "Unprofessional conduct" means conduct and practices which are hostile to the protection of public health, safety and welfare and includes: (1) Knowingly engaging in any activity which violates state and federal statutes, regulations and rules governing the practice of pharmacy;(2) Knowingly dispensing an outdated product;(3) Knowingly charging for more dosage units than are actually dispensed;(4) Knowingly altering prescriptions or other records which the law requires the pharmacy or pharmacist to maintain; (5) Knowingly dispensing medication without proper authorization or prescription;(6) Defrauding any persons or government agency receiving pharmacy services;(7) Placing a signature on any affidavit pertaining to any phase of the practice of pharmacy which the pharmacist knows to contain false information;(8) Not adhering to the written policy and procedures of the institution; or(9) Failure to exercise or implement professional judgement or corresponding responsibility with regard to the practice of pharmacy.(s) "Wholesale drug distribution" means distribution of prescription drugs other than to the patient, including, but not limited to distribution by manufacturers, repackers, own label distributors, jobbers, and wholesale drug distributors.N.H. Admin. Code § Ph 701.02
#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; amd by #6933, eff 2-1-99; amd by #7535, eff 8-1-01; paragraph (a) EXPIRED: 2-5-04; amd by #8316, eff 3-26-05; amd by #8572, eff 2-23-06
Amended by Volume XXXV, Number 32 Filed August 13, 2015, Proposed by #10903, Effective 8/5/2015, Expires8/5/2025.Amended by Volume XLII Number 28, Filed July 14, 2022, Proposed by #13398, Effective 6/16/2022, Expires 6/16/2032