CHAPTER Ph 100 ORGANIZATIONAL RULES

 

PART Ph 101 PURPOSE AND SCOPE

 

Ph 101.01 Purpose and Scope. The rules of this title implement the statutory responsibilities of the New Hampshire board of pharmacy created by RSA 318, as amended, and RSA 318-B, as amended. These provisions regulate the licensing of pharmacies and pharmacists, the practice of pharmacy in the state of New Hampshire, the safekeeping and distribution of pharmaceuticals and legend drugs, and the inspection of pharmacies and other licensed and unlicensed locations where legend drugs are held, stored or offered for sale.

 

Source. #1856, eff 11-9-81; ss by #2260, eff 1-5-83; ss by #2914, eff 11-27-84; ss by #4600, eff 8-1-89; ss by #6094-A, INTERIM, eff 9-21-95, EXPIRED: 1-19-96

 

New. #6181-A, eff 2-5-96

 

PART Ph 102 DEFINITIONS

 

Ph 102.01 Statutory Definitions Adopted. All terms used in these rules shall have the same meaning as in RSA 318:1, RSA 318-B:1 and RSA 541-A:1.

 

Source. #1639, eff 11-1-80; amd by #1856, eff 11-9-81; ss by #2260, eff 1-5-83; ss by #2914, eff 11-27-84; ss by #4600, eff 8-1-89; ss by #6094-A, INTERIM, eff 9-21-95, EXPIRED:
1-19-96

 

New. #6181-A, eff 2-5-96

 

Ph 102.02 Other Definitions.

 

(a) "Board" means the New Hampshire board of pharmacy created by RSA 318.

 

(b) "Evidence" means all oral or documentary material received by the board. Evidence includes, but is not limited to, testimony under oath or affirmation, documents, exhibits, and sworn statements of witnesses who are unable to appear at the proceedings.

 

(c) "Executive secretary" means the board's staff director, a person with delegated authority to perform administrative and clerical functions for the board.

 

(d) "Licensed" means a person or place lawfully authorized to engage in the practice of pharmacy under RSA 318:18 and RSA 318:37 and includes ''registered'' when used to refer to pharmacists or pharmacies.

 

(e) "Order" means the whole or any part of the final decision, whether affirmative, negative or declaratory in form, of the board in any matter other than rulemaking, but including licensing. An order has particularized effect on each party to the proceeding.

 

Source. #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-A, INTERIM, eff 9-21-95, EXPIRED: 1-19-96

 

New. #6181-A, eff 2-5-96

 

PART Ph 103 AGENCY ORGANIZATION

 

Ph 103.01 Composition. The New Hampshire board of pharmacy is composed of 7 board members, appointed by the governor and council for a term of 5 years, limited to no more than 2 consecutive terms. At least one member shall be a hospital pharmacist, and one member shall be a public member.

 

Source. #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-A, INTERIM, eff 9-21-95, EXPIRED: 1-19-96

 

New. #6181-A, eff 2-5-96, EXPIRED 8-8-10 pursuant to RSA 541-A:17, II

 

New. #10117, eff 4-20-12

 

Ph 103.02 Officers. Annually, in September, the board members shall elect, from among their number, a president, a vice president, a secretary and a treasurer.

 

Source. #6181-A, eff 2-5-96

 

Ph 103.03 Address.

 

(a) The board shall maintain an office at 7 Eagle Square, Concord, N.H. 03301. All correspondence with the board shall be addressed as follows:

 

State of New Hampshire Board of Pharmacy

7 Eagle Square

Concord, New Hampshire 03301.

 

(b) The telephone number of the board shall be (603) 271-2152. The fax number shall be (603) 271-2856.

 

Source. #6181-A, eff 2-5-96

 

Ph 103.04 Meetings.

 

(a) The board shall meet in its office on the third Wednesday of each month. Special meetings shall be held at the call of the president or by any officer.

 

(b) A majority of the board may take action by telephone poll or written ballot provided that such action is ratified at a subsequent meeting of the board.

 

Source. #6181-A, eff 2-5-96

 

PART Ph 104 PUBLIC INFORMATION

 

Ph 104.01 Records. Except as exempted by law, all records of the board may be examined by any person at the board office, during weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.

 

Source. #6181-A, eff 2-5-96

 

Ph 104.02 Copies.

 

(a) At the time and place identified in Ph 104.01, any person examining a document may make a copy of that document by any means not injurious to the document provided that the person wishing to make the copy supplies the means of doing so in the office of the board. In the event a person does not have a means of copying those documents, the board shall make copies of the documents examined upon request.

 

(b) The prescribed fee for copies of documents made by this board shall be a minimum of $5.00 which includes up to 20 pages then 0.25 for each additional page thereafter and shall be payable in advance by bank draft, money order, certified check or cash.

 

Source. #6181-A, eff 2-5-96

 

Ph 104.03 Lists of Licensees/Registrants.

 

(a) Instead of the examination and copying permitted by Ph 104.01 and Ph 104.02, any person may request the board to provide that person with a complete mailing list of the boards licensees/registrants. This request shall be accompanied by the prescribed fee for each list requested and shall be paid by check or money order.

 

(b) The fees for the lists shall be:

 

(1) Pharmacist data file by e-mail $125.

 

(2) Pharmacist data file on CD-ROM $150.

 

(3) Pharmacist pre-printed mailing labels $200.

 

(4) Pharmacy Technician data file by e-mail $125.

 

(5) Pharmacy Technician data file on CD-ROM $150.

 

(6) Pharmacy Technician pre-printed mailing labels $200.

 

(7) In-State Pharmacy data file by e-mail $ 75.

 

(8) In-State Pharmacy data file on CD-ROM $100.

 

(9) In-State Pharmacy pre-printed mailing labels $150.

 

(10) Out-of-State Pharmacy data file by e-mail $ 75.

 

(11) Out-of-State Pharmacy data file on CD-ROM $100.

 

(12) Out-of-State Pharmacy pre-printed mailing labels $150.

 

(13) Drug Manufacturer/Wholesaler data file by e-mail $ 75.

 

(14) Drug Manufacturer/Wholesaler data file on CD-ROM $100.

 

(15) Drug Manufacturer/Wholesaler pre-printed mailing labels $150.

 

Source. #6181-A, eff 2-5-96; ss by #9139-A, eff 4-25-08

 


CHAPTER Ph 200 PRACTICE AND PROCEDURE

 

PART Ph 201 INTRODUCTION AND DEFINITIONS

 

Ph 201.01 Procedure Governed. This chapter governs practice and procedure before the board in both adjudicative and non-adjudicative proceedings.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 201.02 Definitions.

 

(a) "Adjudicative proceeding" means the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.

 

(b) "Board" means the New Hampshire pharmacy board.

 

(c) "Declaratory ruling" means a ruling by the board as to the specific applicability of any statutory provision or of any rule or order of the board.

 

(d) "Licensee" means a person, partnership, corporation, or any other legal or commercial entity however organized, duly licensed by the board pursuant to the provisions of RSA 318, RSA 318-B, or other applicable law.

 

(e) "Opponent" means any person who objects, on the grounds of public or private interest, to the approval, determination, consent, certification or authorization of any petition which the board might have under consideration.

 

(f) "Party" means each person named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party in an adjudicative proceeding.

 

(g) "Presiding officer" means the board president or an individual to whom the board president has delegated the authority to preside over an adjudicative proceeding, a rehearing, or a rulemaking hearing.

 

(h) "Proponent" means any person who supports, on the grounds of public or private interest, the approval, determination, consent, certification or authorization of any petition which the board may have under consideration.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

PART Ph 202 FILING AND SERVICE OF DOCUMENTS

 

Ph 202.01 Filing of Documents.

 

(a) A document shall be considered filed when it is actually received at the board's office in Concord and conforms to the requirements of this chapter.

 

(b) All documents filed shall be either originals or legible copies bearing original signatures. Only a single copy of routine correspondence, license applications, and consumer complaints against licensees shall be filed.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 202.02 Subscription and Veracity of Documents.

 

(a) All complaints, petitions, motions, and replies filed with the board shall be signed by the proponent of the document or, if the party appears by a representative, by the representative.

 

(b) The signature on a document filed with the board shall constitute a certification that:

 

(1) The signor has read the document;

 

(2) The signor is authorized to file it;

 

(3) To the best of the signor's knowledge, information, and belief, there are good grounds to support it; and

 

(4) The document has not been filed for purposes of delay or harassment.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 202.03 Service of Documents.

 

(a) Complaints against licensees of the board shall be filed with the board without service upon the licensee which is the subject of the complaint.

 

(b) Petitions for rulemaking and petitions for declaratory rulings shall be filed with the board without service upon other persons.

 

(c) All motions, replies, exhibits, memoranda, or other documents filed in an adjudicatory proceeding shall be served by the proponent upon all parties to the proceeding by:

 

(1) Sending a copy of the document by U.S. mail, first class postage prepaid, addressed to the last address given to the board by the party being served, no later than the day the document is filed with the board; or

 

(2) Delivering a copy of the document in hand on or before the date it is filed with the board.

 

(d) All notices, orders, decisions or other documents issued by the board in the course of an adjudicatory proceeding shall be served by the board upon all parties to the proceeding by either:

 

(1) Sending a copy of the document by U.S. mail, first class postage prepaid, addressed to the last address given to the board by the party being served; or

 

(2) Delivering a copy of the document in hand to the party.

 

(e) When a party has appeared by a representative, service shall be upon the representative.

 

(f) Except for exhibits distributed at a prehearing conference or a hearing, every document filed with the board and required to be served upon the parties to an adjudicatory proceeding shall be accompanied by a certificate of service, signed by the person making service, attesting to the method and date of service, and the persons served.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 202.04 Voluntary Production of Information.

 

(a) Each party and intervenor shall attempt in good faith to make complete and timely response to requests for the voluntary production of information and documents relevant to the hearing.

 

(b) When a dispute arises concerning a request for the voluntary production of information or documents, any party or intervenor may file a motion to compel the production of the requested information or documents.

 

Source. #8315-A, eff 3-26-05

 

Ph 202.05 Motions to Compel Production of Information and Documents.

 

(a) Any party or intervenor may make a motion seeking an order for compliance with an information or document request. The motion shall be filed at least 20 days before the date scheduled for the hearing and in any event as soon as possible after receiving the notice of the hearing and failing in an attempt to obtain the requested information or documents through voluntary production.

 

(b) The motion to compel shall:

 

(1) Set forth in detail those facts which justify the request for information or documents; and

 

(2) List with specificity the information or documents being sought.

 

(c) Objections to motion to compel shall be filed within 10 days of the delivery of the motion.

 

(d) The presiding officer shall grant the motion to compel if its proponent has demonstrated that an order for compliance is necessary for a full and fair presentation of evidence at the hearing.

 

Source. #8315-A, eff 3-26-05

 

PART Ph 203 HEARINGS AND PROCEEDINGS

 

Ph 203.01 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits. At least 5 days before the hearing, the parties and intervenors shall provide to the other parties and intervenors:

 

(a) A list of witnesses intended to be called at the hearing including the names, their addresses and their telephone numbers;

 

(b) Brief summaries of the testimony of the witnesses to be called;

 

(c) A list of documents and exhibits intended to be offered as evidence at the hearing;

 

(d) A copy of each document intended to be offered as evidence at the hearing; and

 

(e) An offer to allow the inspection on non-documentary exhibits intended to be offered as evidence at the hearing at times and places of convenience to the parties and intervenors.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 203.02 Representatives.

 

(a) Any person may represent himself/herself in a proceeding before the board or may be represented by an attorney or a competent individual of good character.

 

(b) A representative under (a) above shall be someone who:

 

(1) Is an attorney holding a current and active New Hampshire license who has filed a written appearance with the board containing his or her business address and telephone number; or

 

(2) Is not a New Hampshire licensed attorney, but has filed a motion for leave to appear as a representative which has been granted by the board.

 

(c) Motions made pursuant to Ph 203.01 (b)(2) shall:

 

(1) Describe the proposed representative's qualifications including, but not limited to, the following:

 

a. Education;

 

b. Experience serving in a representative capacity before administrative agencies, boards, or commissions; and

 

c. Present employment.

 

(2) Provide the proposed representative's daytime address and telephone number; and

 

(3) Be signed by both the proposed representative and the party who would be represented.

 

(d) The board shall grant a motion made pursuant to Ph 203.01 (b) (2) if the proposed representative does not have a history of dishonesty or felonious acts.

 

(e) Nothing in this section shall be construed to permit the unauthorized practice of law.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 203.03 Computation of Time. Any time period specified in this chapter shall begin with the day following the act, event, or default, and shall include the last day of the period, unless it is a Saturday, Sunday, or state legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or state legal holiday. When the period prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and state legal holidays shall be excluded from the computation.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 203.04 Change in Allowed Times.

 

(a) Except where a time period is fixed by statute, a party may file a motion to change a time period which shall set forth specific facts to support their request to enlarge or shorten the time provided for the filing of any document, or advance or postpone the time set for any oral hearing, prehearing conference, or other activity.

 

(b) The board shall grant such motion:

 

(1) If all parties consent; or

 

(2) For good cause shown from the facts presented.

 

(c) Good cause under (b) (2) above shall include the following:

 

(1) Unavoidable unavailability of witnesses, parties, their attorneys, or their authorized representatives; or

 

(2) Other exigent circumstances beyond the control of the parties, their attorneys, or their representatives.

 

(d) A consent of the parties under (b)(1) above shall be:

 

(1) Made in writing;

 

(2) Signed by all parties; and

 

(3) Filed with the board prior to a scheduled date or the expiration of a time period.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 203.05 Recess and Adjournment.

 

(a) The presiding officer shall recess or adjourn any proceeding for good cause, which shall include but not be limited to the following:

 

(1) Other exigent business of the board;

 

(2) The end of the business day; or

 

(3) Inclement weather.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 203.06 Waiver.

 

(a) Any interested person may request the board to waive or suspend provisions of the Ph 200 rules by filing an original and 2 copies of a petition which identifies the rule in question and sets forth specific facts and arguments which support the requested waiver.

 

(b) Petitions for rule waivers shall address whether:

 

(1) Adherence to the rule would cause the petitioner hardship. "Hardship" in this context means that because of petitioner's unique circumstances strict adherence to a rule would be unreasonable or result in unfair advantage to another party.

 

(2) Other good cause for waiving the rule exists, including the following:

 

a. Repeal or amendment of the enabling statute for provisions of rules from which a waiver is sought; or

 

b. Other circumstances which render a rule inapplicable, unenforceable, or illegal.

 

(c) If examination of the petition reveals that other persons would be substantially affected by the proposed relief, the board shall require service of the petition on such persons and advise them that they may file a reply to the petition.

 

(d) Petitions for waiver shall be acted upon by the board within 45 days of receipt. The board shall give written notice of the decision to all interested parties.

 

(e) A granted waiver shall only apply to the proceedings under review at the time of the petition.

 

(f) Provisions of Ph 200 rules which include provisions of New Hampshire statutes shall not be waived.

 

(g) A consent of the parties under (f) above shall:

 

(1) Be made in writing;

 

(2) Identify the specific rule provision to which the waiver applies;

 

(3) Be signed by all parties; and

 

(4) Be filed with the board.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 203.07 Docket. The board shall maintain a docket of all proceedings, hearings, and rehearings pending before the board.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 203.08 Consolidation.

 

(a) A party may file a motion to consolidate whenever 2 or more proceedings involve substantially similar or related issues.

 

(b) A motion to consolidate may include a request for a single hearing, a single decision, or both.

 

(c) The board shall grant a motion to consolidate upon finding that:

 

(1) A requested consolidation would further the interests of fairness and efficiency; and

 

(2) A requested consolidation would not impair consideration of the issues presented by each individual matter.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 203.09 Severance.

 

(a) A party may file a motion to sever one or more issues from a proceeding and dispose of those issues in another proceeding whenever it shall appear that injury to the substantive rights of a party or undue delay might be thereby avoided.

 

(b) The board shall grant a motion for severance upon finding that:

 

(1) A requested severance would further the interests of fairness and efficiency; and

 

(2) A requested severance would not impair the proceeding from which the issue or issues are removed.

 

Source. #8315-A, eff 3-26-05

 

PART Ph 204 ADJUDICATIVE PROCEEDINGS

 

Ph 204.01 Applicability. This part shall govern adjudicative proceedings before the board.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 204.02 Place of an Adjudicative Proceeding. Adjudicative proceedings before the board shall be held at the offices of the board, 121 South Fruit Street, Concord, New Hampshire.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 204.03 Commencement of Adjudicative Proceeding.

 

(a) Pursuant to RSA 541-A:31, II, the board shall commence an adjudicative proceeding at any time as a result of the following actions by a licensee:

 

(1) Failure to file requisite reports within 30 days of applicable deadlines;

 

(2) Failure to pay fees or fines within 60 days of invoice date;

 

(3) Engaging in licensed activity with a suspended, revoked, or expired license;

 

(4) Failure to allow board personnel access, authorized by law, to the books, papers, records, files or similar documents for purposes of conducting examinations; or

 

(5) Any other failure to comply with the laws, rules or orders of the board governing the licensee's activities.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 204.04 Notice.

 

(a) Notice of an adjudicative proceeding shall be governed by the following provisions, unless otherwise provided by law:

 

(1) The board shall give written notice to a party at least 30 days prior to a scheduled hearing date by first class mail, postage prepaid, or by personal service upon a party or a party's agent;

 

(2) Contents of the notice shall be governed by the provisions of RSA 541-A:31, III.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 204.05 Continuances.

 

(a) Any party or intervenor may make an oral or written motion that a hearing be delayed or continued to a later date or time.

 

(b) A motion for a delay or a continuance shall be granted if the presiding officer determines that a delay or continuance would assist in resolving the case fairly.

 

(c) If the later date, time and place are known when the hearing is being delayed or continued, the information shall be stated on the record. If the later date, time and place are not known at that time, the presiding officer shall as soon as practicable issue a written scheduling order stating the date, time and place of the delayed or continued hearing.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 204.06 Emergency Orders.

 

(a) Pursuant to RSA 318:30-a, if the board finds that public welfare requires emergency action against a licensee, and the board incorporates a finding to that effect in an order, the board shall order the immediate suspension of a license pending an adjudicative proceeding which shall be commenced not later than 30 working days after the date of the board's order suspending the license.

 

(b) An emergency order shall be served upon the licensee by certified mail-return receipt requested, or by personal service upon the licensee, or by personal service upon the licensee's agent as identified on the most recent license application submitted to the board.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 204.07 Intervention.

 

(a) A person filing a complaint which becomes the subject of a disciplinary hearing shall be served with the hearing notice and notified that he/she may petition to intervene in the proceeding.

 

(b) The board shall grant one or more petitions for intervention if:

 

(1) The petition is submitted in writing to the board, with copies mailed to all parties named in the notice of hearing, at least 3 days before the hearing;

 

(2) The petition states facts demonstrating that the petitioner's rights, duties, privileges, immunities or other substantial interests might be affected by the proceeding; and

 

(3) The interests of justice and the orderly and prompt conduct of the proceedings would not be impaired by allowing the intervention.

 

(c) Once granted leave to intervene, an intervenor shall enter the proceeding as it stands at the time. No portion of the proceeding shall be repeated because of the fact of intervention.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 204.08 Access to Board Records.

 

(a) Parties shall have access to any statements, documents, or other information in the board's files pertinent to an adjudicative proceeding. However, confidential information pursuant to RSA 318:30,I, including consumer complaints and confidential material otherwise protected by law shall not be disclosed or provided to any party other than the board.

 

(b) The intervenor shall have access to all materials permitted by Ph 204.07 (a).

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 204.09 Filing Requirements. Copies of all documents, pleadings, motions, objections, requests, memorandums, correspondence, accounts, and the like, which are filed by a party with the board shall be provided to other parties to the same proceeding as follows:

 

(a) A party shall send copies of all documents filed by first class mail, postage prepaid, to all other parties, or shall deliver such documents in hand to all other parties; and

 

(b) A party shall certify compliance with Ph 204.08 (a) by submitting a certificate of service with the documents filed.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 204.10 Stipulations. The parties to an adjudicative proceeding may by written stipulation agree upon facts or issues of proof relating to the subject matter of the proceeding. The stipulation shall be filed with the board and approved by the presiding officer in order to be considered in rendering a decision.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 204.11 Evidence.

 

(a) Proceedings shall not be conducted under the rules of evidence, but the evidentiary privileges recognized by the law of New Hampshire shall apply to proceedings under this chapter.

 

(b) Pursuant to RSA 541‑A:33, II, the board shall receive all material and relevant evidence bearing upon the subject matter of the proceeding.

 

(c) The presiding officer shall determine the admissibility of evidence and shall exclude irrelevant, immaterial or unduly repetitious evidence.

 

(d) All witnesses appearing before the board shall testify under oath or affirmation and subject to the penalties specified in RSA 641:1 and RSA 641:2.

 

(e) Oaths or affirmations shall be administered by the presiding officer.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 204.12 Withdrawal of Presiding Officer.

 

(a) Upon his or her own initiative or upon the motion of any party or intervenor, the presiding officer shall withdraw from any adjudicative proceeding for good cause.

 

(b) Good cause shall exist if the presiding officer:

 

(1) Has a direct interest in the outcome of the matter, including but not limited to, a financial or family relationship with any party or intervenor;

 

(2) Has made statements or engaged in behavior which objectively demonstrates that he or she had prejudged the facts of the case; or

 

(3) Personally believes that he or she cannot fairly judge the facts of the case.

 

(c) Mere knowledge of the issues or acquaintance with any party, intervenor or witness shall not constitute good cause for withdrawal.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 204.13 Hearing Procedure.

 

(a) After calling the hearing to order, the presiding officer shall identify the proceeding for the record by name and docket number, shall briefly state the nature of the proceeding, and shall request those present to identify themselves for the record.

 

(b) The presiding officer shall afford an opportunity for opening statements or direct testimony by the board representative and the licensee or licensee's representative.

 

(c) After any opening statements, the board representative shall present witnesses and exhibits, followed by presentation of witnesses and exhibits by the licensee or licensee's representative.

 

(d) Opportunity shall be afforded to either party to cross‑examine each witness of the other party at the conclusion of the witness's direct testimony.

 

(e) The presiding officer shall if additional information is required pose questions to any witness during or subsequent to direct testimony or cross-examination.

 

(f) After all testimony and evidence is presented, the presiding officer shall allow closing statements by the board representative and by the licensee or licensee's representative.

 

(g) After all information has been presented, the presiding officer shall declare the hearing closed.

 

(h) The presiding officer shall afford intervenors the same opportunities for presenting testimony, evidence, or witnesses, and for conducting cross‑examinations and for making closing statements as other parties to the proceeding.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 204.14 Burden of Proof.

 

(a) The party asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence.

 

(b) Without limiting the generality of Ph 204.12 (a), all moving parties and all petitioners shall have the burden to show that their motion or petition should be granted.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 204.15 Decisions.

 

(a) If the board finds that the licensee has complied with the statutory requirements and the rules adopted pursuant thereto, the board shall enter a decision favorable to the licensee.

 

(b) If the board finds that the licensee has not complied with the statutory requirements or any rule adopted pursuant thereto, the board shall enter a decision adverse to the licensee.

 

(c) The board's decision shall be set forth in writing.

 

(d) The decision shall include findings of fact and conclusions of law, separately stated.

 

(e) If any party has submitted proposed findings of fact, the board's decision shall include a ruling on each proposed finding.

 

(f) The board shall give written notice of decisions to parties within 7 days after the date of decision by first class mail, postage prepaid.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 204.16 Failure to Appear.

 

(a) Failure of a licensee to appear in person or by representative at the adjudicative proceeding shall constitute a default.

 

(b) A default for failure to appear shall constitute:

 

(1) A waiver of licensee's right to an adjudicative proceeding;

 

(2) Admission of the facts alleged; and

 

(3) Consent to the board's determination on the matter.

 

(c) The board shall strike a default for failure to appear based upon a written request and information submitted by the licensee within 7 days after the originally scheduled hearing date which sets forth good cause. Good cause shall include illness, accident, the death of family member, or other circumstances beyond the control of the licensee.

 

(d) The board shall give written notice to parties of a decision either to grant or deny a request to strike a default for failure to appear within 7 days of the date of decision by first class mail, postage prepaid.

 

(e) If a request to strike a default for failure to appear is granted, the board shall give notice of a re-scheduled hearing in accordance with Ph 204.04.

 

Source. #8315-A, eff 3-26-05

 

Ph 204.17 Informal Settlement.

 

(a) Any informal settlement of matters by nonadjudicative processes shall be reflected in writing and made part of the record for a particular matter.

 

Source. #8315-A, eff 3-26-05

 

PART Ph 205 REHEARINGS AND APPEALS

 

Ph 205.01 Motion for Rehearing.

 

(a) A motion for rehearing shall be considered only after a decision or order has been made by the board.

 

(b) Any party to the proceeding may apply for a rehearing in respect to any matter determined in the action or proceeding, or covered or included in the order.

 

(c) Motions for rehearing shall be filed with the board within 30 days of the date of the final decision or order.

 

(d) Motions for rehearing shall set forth fully every ground upon which it is claimed that the decision or order complained of is unlawful or unreasonable, or based upon a mistake of law or fact.

 

(e) A party may submit a memorandum of law in support of a motion for rehearing.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 205.02 Action on Motion for Rehearing.

 

(a) Pursuant to RSA 541:5, within 10 days of receiving a motion for rehearing, the board shall render a decision either to grant or deny the motion, or suspend the order or decision complained of pending further consideration.

 

(b) Pursuant to RSA 541:3, the board shall grant such motion if good reason for the rehearing is provided.

 

(c) Good reason shall include, but not be limited to, the following:

 

(1) New information which was not available at the time of hearing;

 

(2) A change in law relied upon by the board in reaching a decision on the hearing, including amendment or repeal of statutes or administrative rules, and changes in common law based upon decisions of the supreme court; or

 

(3) Other factors beyond the control of the moving party causing the decision to be unreasonable or unlawful, or to be based upon a mistake of law or fact.

 

(d) The board shall give written notice of decision on a motion for rehearing to the parties within 7 days after the date of decision by first class mail, postage prepaid.

 

(e) If a motion for rehearing is granted, the board shall give written notice to the parties at least 30 days prior to the scheduled rehearing date by first class mail, postage prepaid, or by personal service.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 205.03 Burden of Proof. The burden of proof shall be on the moving party to show by preponderance of the evidence that the board's decision was unlawful or unreasonable, or was based upon a mistake of law or fact.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 205.04 Decisions.

 

(a) The board shall issue a written decision within 20 days of the date of the rehearing which clearly states the reasons for the decision.

 

(b) The decision shall include information on the rights of appeal to the supreme court pursuant to RSA 541, if the decision is adverse to the party who appeals.

 

(c) The board shall keep a final decision in its records for at least 5 years following their dates of issuance, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

PART Ph 206 DECLARATORY RULINGS

 

Ph 206.01 Petitions.

 

(a) A person may request a declaratory ruling from the board on matters within its jurisdiction by filing an original and 2 copies of a petition with the board.

 

(b) All petitions shall contain the following information:

 

(1) The name and address of the petitioner;

 

(2) The name and address of the petitioner's representative, if any;

 

(3) A statement of the issue or question for which the petitioner seeks a declaratory ruling;

 

(4) A statement of all relevant and material facts related to the petitioner's request; and

 

(5) The identification of any statutes, rules, orders, or other legal authority which support the petitioner's request.

 

(c) A petition for a declaratory ruling may include the following:

 

(1) Legal memoranda, supporting affidavits, tables, exhibits, and other relevant documentation; and

 

(2) A statement explaining how the requested ruling would benefit the petitioner or the public at large.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 206.02 Action on Petition.

 

(a) Within 90 days of the receipt of the petition for a declaratory ruling, the board shall:

 

(1) Respond to the petitioner in writing, stating the board's declaratory ruling on the issues or questions raised in the petition; and

 

(2) File the declaratory ruling with the director of legislative services in accordance with RSA 541-A:16, II (b).

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

PART Ph 207 RULEMAKING PETITIONS

 

Ph 207.01 Rulemaking Petitions.

 

(a) A person may request the adoption, amendment, or repeal of a board rule by filing an original and 2 copies of a rulemaking petition with the board.

 

(b) A rulemaking petition filed with the board shall include the following:

 

(1) The name and address of the petitioner;

 

(2) The name and address of the petitioner's representative, if any;

 

(3) A statement of the justification for the adoption, amendment, or repeal of a rule;

 

(4) Any supporting data, information, exhibits, illustrations, or other documentation;

 

(5) The identification of any statutes, rules, orders, or other legal authority which support the petition; and

 

(6) A draft of the proposed rule.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 207.02 Incomplete Rulemaking Petitions.

 

(a) The board shall notify the petitioner of deficiencies in the petition within 15 days of the submission of a petition to adopt, amend, or repeal a rule.

 

(b) Any corrected petition which is filed with the board shall be deemed to be the first submission of the petition for the purposes of applicable deadlines.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 207.03 Action on Rulemaking Petition.

 

(a) Within 30 days after the submission of a rulemaking petition, the board shall either grant or deny the petition and:

 

(1) Notify the petitioner in writing of a decision to deny the petition with reasons for the denial clearly stated; or

 

(2) Notify the petitioner in writing of a decision to grant the petition, and commence rulemaking proceedings by requesting a fiscal impact statement pursuant to RSA 541-A:5 within 120 days of receipt of the petition and continuing the proceeding in accordance with the applicable provisions of RSA 541-A:3.

 

(b) Any denial shall be based upon a finding by the board that:

 

(1) The petition for rule or amendment or repeal of an existing rule would not be consistent with established standards for the practice of pharmacy and the licensees of the board;

 

(2) The petition lacks rulemaking authority; or

 

(3) The petition is contrary to legislative intent.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

PART Ph 208 RULEMAKING HEARINGS

 

Ph 208.01 Public Notice of Rulemaking Hearing. The board shall cause to be published in the New Hampshire Rulemaking Register a notice of its intent to conduct a rulemaking hearing pursuant to RSA 541-A:6.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 208.02 Presiding Officer.

 

(a) The presiding officer shall:

 

(1) Maintain order during the rulemaking hearing, and order any person causing disorder or a disruption to the orderly conduct of the hearing to leave the hearing room;

 

(2) Recognize speakers who have placed their names on the speakers list;

 

(3) Receive all written comment that is submitted during the course of a hearing; and

 

(4) Adjourn the hearing.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 208.03 Order of the Rulemaking Hearing. The hearing shall proceed as follows:

 

(a) The presiding officer shall make opening remarks;

 

(b) Proponents of the adoption, amendment or repeal of the rule shall be called by the presiding officer to provide comment;

 

(c) Opponents of the adoption, amendment or repeal of the rule shall be called by the presiding officer to provide comment;

 

(d) After all persons wishing to comment have been heard, the presiding officer shall receive any written comment not previously submitted to the board; and

 

(e) After all written comment has been collected, the presiding officer shall make closing remarks and adjourn the hearing.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 208.04 Oral Comment.

 

(a) Any proponent of or opponent to the adoption, amendment or repeal of a rule may make oral comment relative to such rule at the rulemaking hearing.

 

(b) In order to be recognized at the hearing, any person wishing to comment shall sign the speakers list at the hearing and wait to be called by the presiding officer.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

Ph 208.05 Written Comment.

 

(a) Any proponent or opponent may submit written comment to the board pertaining to the adoption, amendment or repeal of a rule.

 

(b) All written comment relative to proposed rulemaking shall be submitted to the board in accordance with the notice of rulemaking, which shall set forth a deadline allowing a minimum of 5 days time after adjournment of the rulemaking hearing.

 

(c) Written comment shall be submitted by filing an original and 2 copies with the board.

 

Source. #1639, eff 11-1-80; ss by #1909, 1-7-82; 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. #8315-A, eff 3-26-05

 

PART Ph 209 EXPLANATION OF ADOPTED RULES

 

Ph 209.01 Requests for Explanation of Adopted Rules. Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the board including:

 

(a) The name and address of the individual making the request; or

 

(b) If the request is that of an organization or other entity, the name and address of such organization or entity and the name and address of the representative authorized by the organization or entity to make the request.

 

Source. #8315-B, eff 3-26-05, EXPIRED: 3-26-13

 

New. #12484, eff 2-24-18

 

Ph 209.02 Contents of Explanation. The board shall, within 90 days of receiving a request in accordance with Ph 209.01, provide a written response which:

 

(a) Concisely states the meaning of the rule adopted;

 

(b) Concisely states the principal reasons for and against the adoption of the rule in its final form; and

 

(c) States, if the board did so, why the board overruled any arguments and considerations presented against the rule.

 

Source. #8315-B, eff 3-26-05, EXPIRED: 3-26-13

 

New. #12484, eff 2-24-18

 


CHAPTER Ph 300 LICENSING OF PHARMACISTS AND PHARMACIES

 

PART Ph 301 LICENSING OF PHARMACISTS BY EXAMINATION

 

Ph 301.01 Application.

 

(a) Application form Ph A-1, revised September 2015, for licensure to practice the profession of pharmacy in New Hampshire may be obtained from the board or the board website accessible at www.nh.gov/pharmacy/;

(b) Applicants for licensure shall submit a completed form A-1 application for licensure and file it at the office of the board identified in Ph 103.03 along with:

 

(1) A copy of the candidate's birth certificate;

 

(2) A recent, full face photograph of the candidate;

 

(3) An official final transcript sent directly from the college to the board office; and

 

(4) The prescribed fee which shall be $265.

 

(c) An official final transcript shall be mailed directly from the college to the board before either NAPLEX scores or New Hampshire licensure status is released, or, if a foreign graduate, the foreign graduate shall have completed a transcript verification program as provided by the Foreign Pharmacy Graduate Examination Committee (FPGEC) certification.

 

(d) The photograph required by Ph 301.01 (b)(2) shall be attached to the application form in the presence of a notary public or justice of the peace.

 

Source. #6181-B, eff 2-5-96; amd by #6933, eff 2-1-99; paragraphs (a), (d), (e) and subparagraphs (b)(1)-(b)(10) EXPIRED: 2-5-04; amd by #8316, eff 3-26-05; (b) intro., subparagraph (b)(11), and paragraph (c) EXPIRED: 2-1-07; paragraphs (a), (d), (e) and subparagraphs (b)(1)-(b)(10) EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 301.02 Additional Requirements. In addition to any requirements imposed by statute, all candidates for a license to practice pharmacy in New Hampshire shall demonstrate that they possess the following qualifications:

 

(a) The candidate shall be not less than 18 years of age;

 

(b) The candidate shall be of good professional character, and not have been convicted of any felony, or of a misdemeanor resulting from a violation of any drug and/or pharmacy-related law or rule;

 

(c) The candidate shall have graduated with a doctor of pharmacy degree (PharmD) granted by a school of pharmacy, or a college of pharmacy, or a department of a pharmacy of a university;

 

(d) To meet the requirements of (c) above, the school, college or department of pharmacy, shall be accredited by the Accreditation Council for Pharmacy Education (ACPE) or the Canadian Council for Accreditation of Pharmacy Programs (CCAPP).

 

(e) If a foreign graduate, in lieu of (c) and (d) above, the candidate shall have graduated from a foreign college of pharmacy other than Canada and have obtained full certification from the FPGEC including:

 

(1) Passing the FPGEE with a score of at least 75; and

 

(2) Demonstrating proficiency in english by passing the Test Of English as a Foreign Language Internet Based Test (TOEFL iBT).

 

(f) Prior to the examination date, the candidate shall:

 

(1) Have completed an internship in pharmacy which consists of:

 

a. At least 1500 hours, starting no earlier than 4 months prior to the third year of study in a college of pharmacy; and

 

b. Work predominantly related to the practice of pharmacy including, but not limited to:

 

1. The selling of drugs and medical supplies;

 

2. Interpreting, compounding, preparing and dispensing prescription orders;

 

3. Preparing pharmaceutical products; and

 

4. Keeping records and preparing reports required by federal and state statutes.

 

(2) Have completed the internship record form Ph A-3 revised September 2015 and submitted it to the board.

 

(g) The candidate shall complete and pass the examinations described in Ph 301.03.

 

Source. #6181-B, eff 2-5-96; amd by #6933, eff 2-1-99; paragraphs (a)-(d) EXPIRED: 2-5-04; amd by #8316, eff
3-26-05; paragraphs (e)-(g) EXPIRED: 2-1-07; paragraphs (a)-(d) EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 301.03 Required Examinations. The examinations required for pharmacist licensure in New Hampshire shall be the National Association of Boards of Pharmacy Licensure Examination (NAPLEX) and the New Hampshire Multistate Pharmacy Jurisprudence Examination (NH MPJE) administered the National Association of Boards of Pharmacy (NABP).

 

Source. #6181-B, eff 2-5-96; ss by #6933, eff 2-1-99, EXPIRED: 2-1-07

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 301.04 Required Examination Score. To successfully complete the NAPLEX and NH MPJE examinations required by Ph 301.03, the candidate shall, on the initial examination or any subsequent re-examination permitted by Ph 301.05, obtain a score of not less than 75 on each examination.

 

Source. #6181-B, eff 2-5-96; amd by #6933, eff 2-1-99; paragraph (a) and subparagraphs (b)(1) and (b)(3) EXPIRED: 2-5-04; amd by #8316, eff 3-26-05; paragraph (b) and subparagraphs (b)(2) and (b)(4) EXPIRED: 2-1-07; paragraph (a) and subparagraphs (b)(1) and (b)(3) EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16 (from Ph 301.05)

 

Ph 301.05 Notice and Election of Re-examination.

 

(a) Any candidate who fails to obtain the minimum required score on either of the 2 examinations required in Ph 301.03 may elect to retake the examination.

 

(b) All candidates shall notify the board in writing whether he/she elects to be re-examined. The candidate for re-examination shall register and pay for the re-take examination through the National Association of Boards of Pharmacy online registration website accessible at www.nabp.net.

 

Source. #6181-B, eff 2-5-96; ss by #6933, eff 2-1-99, EXPIRED: 2-1-07

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16 (from Ph 301.06)

 

Ph 301.06 Issuance or Denial of Original License.

 

(a) If candidate timely files an application, complete in all respects, successfully completes all examinations required by Ph 301 and demonstrates the complete fulfillment of the requirements of these rules, RSA 318, and RSA 318-B, the board shall issue a license to practice pharmacy.

 

(b) In the event a candidate for an original license to practice pharmacy in New Hampshire fails to meet the requirements of these rules, or RSA 318, or both, the board shall deliver to the applicant a written denial of the application, specifying in detail the requirement which the candidate failed to meet, and how the candidate is deficient.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16 (formerly Ph 301.07)

 

PART Ph 302 LICENSING OF PHARMACISTS BY RECIPROCITY

 

Ph 302.01 Reciprocity.

 

(a) Instead of retaking the NAPLEX examination required by Ph 301.03, a candidate may transfer the actual score he or she attained on the NAPLEX administered by a state other than New Hampshire, provided that:

 

(1) The candidate is still duly licensed and is in good standing in that state; and

 

(2) All other New Hampshire pharmacist licensing requirements have been met.

 

Source. #6181-B, eff 2-5-96; amd by #6933, eff 2-1-99; subparagraphs (a)(1)-(a)(3) EXPIRED: 2-5-04; amd by #8316, eff 3-26-05; paragraph (a) intro. EXPIRED; 2-1-07; subparagraphs (a)(1)-(a)(3) EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 302.02 Application.

 

(a) The preliminary application for reciprocal licensure may be obtained from a link provided on the NH board of pharmacy website or from the National Association of Boards of Pharmacy, 1600 Feehanville Drive, Mount Prospect, Illinois, 60056, telephone number (847) 391-4406, website www.nabp.net. This application shall be filed with the National Association of Boards of Pharmacy.

 

(b) Following verification of the applicants credentials by NABP the applicant shall receive an official NABP license transfer application in the mail.

 

(c) The candidate shall file a completed NABP license transfer application provided by the National Association of Boards of Pharmacy along with NH form Ph A-1, revised September 2015, application for initial licensure as a pharmacist in NH, and attach the following:

 

(1) A copy of the candidate's birth certificate, or if born outside of the United States, a copy of the certificate of naturalization or passport showing date of birth;

 

(2) A recent, full-face photograph of the candidate attached to the application;

 

(3) An official copy of the candidate's pharmacy college transcript mailed directly from the college to the board, or if a foreign graduate, certification from the FPGEC; and

 

(4) The application fee of $265.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05; ss by #8572, eff 2-23-06, EXPIRED: 2-23-14

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 302.03 Requirements. In addition to any requirements imposed by statute, all candidates for licensure by reciprocity to practice pharmacy in New Hampshire shall demonstrate that they possess the following qualifications:

 

(a) The candidate shall be not less than 18 years of age;

 

(b) The candidate shall be of good professional character as evidenced by the absence of conviction of any felony or of a misdemeanor resulting from a violation of any drug and/or pharmacy related law or rule;

 

(c) The candidate shall possess a professional pharmacy baccalaureate degree or a doctor of pharmacy degree (PharmD) granted by a school of pharmacy, or a college of pharmacy, or a department of pharmacy of a university accredited by the Accreditation Council for Pharmacy Education (ACPE) or the Canadian Council for Accreditation of Pharmacy Programs (CCAPP);

 

(d) A candidate who is a foreign pharmacy graduate, other than Canadian, in lieu of (c) above, shall provide written documentation that such candidate has:

 

(1) Obtained full certification from the FPGEC; and

 

(2) Passed NAPLEX;

 

(e) The candidate shall be licensed and in good standing in the state from which he or she is seeking licensure transfer; and

 

(f) The candidate for a reciprocal license shall complete and pass the NH MPJE examination on the current federal and state laws and rules governing the practice of pharmacy in the state of New Hampshire.

 

Source. #6181-B, eff 2-5-96; amd by #6933, eff 2-1-99; (a) intro. and subparagraphs (a)(1)-(a)(3) EXPIRED: 2-5-04; amd by #8316, eff 3-26-05; subparagraphs (a)(4) and (a)(5) EXPIRED: 2-1-07; (a) intro. and subparagraphs (a)(1)-(a)(3) EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16 (from Ph 302.04)

 

Ph 302.04 Reciprocity Application Time Limitation. Candidates who fail to complete the MPJE examination, as required by Ph 302.03(f), within one year after the candidate's application is received at the board office shall have their application denied, but fees shall be retained by the board. If a candidate wishes to re-apply for New Hampshire licensure, a new application containing updated information shall be filed with the board.

 

Source. #6181-B, eff 2-5-96; amd by #6933, eff 2-1-99; intro. paragraph and paragraphs (a)-(d) EXPIRED: 2-5-04; amd by #8316, eff 3-26-05; paragraphs (e)-(j) EXPIRED: 2-1-07; intro. paragraph and paragraphs (a)-(d) EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16 (from Ph 302.06)

 

Ph 302.05 NH MPJE Examination Required Scores and Fees.

 

(a) To successfully complete the examination required by Ph 302.03(f), the candidate shall, in the initial examination or any subsequent re-examination, obtain a score of not less than 75.

 

(b) The candidate shall pay the current examination fee to, and as assessed by, NABP.

 

Source. #6181-B, eff 2-5-96; ss by #6933, eff 2-1-99, EXPIRED: 2-1-07

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 302.06 NH MPJE Re-Examination Notice and Election.

 

(a) Any candidate who has failed to attain the minimum score on the NH MPJE examination as required by Ph 302.05, shall notify the board in writing whether he or she elects to be re-examined.

 

(b) Any candidate for re-examination of the NH MPJE examination shall register and pay for the re-take examination through the National Association of Boards of Pharmacy online registration website accessible at www.nabp.net.

 

Source. #6181-B, eff 2-5-96; ss by #6933, eff 2-1-99, EXPIRED: 2-1-07

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 302.07 Reciprocity License Issuance or Denial.

 

(a) If a candidate timely files an application, complete in all respects and meeting the requirements of Ph 302, and demonstrates the fulfillment of the requirements of these rules and RSA 318 and RSA 318-B, the board shall issue a license to practice pharmacy.

 

(b) In the event a candidate for a reciprocity license to practice pharmacy in New Hampshire fails to meet the requirements of these rules or RSA 318 and RSA 318-B, or both, the board shall deliver to the candidate a written denial of the application, specifying in detail each requirement which the candidate failed to meet, and how the candidate is deficient.

 

Source. #6181-B, eff 2-5-96; ss by #6933, eff 2-1-99, amd by #8572, eff 2-23-06; paragraph (a) EXPIRED: 2-1-07; paragraph (b) EXPIRED: 2-23-14

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16 (formerly Ph 302.09)

 

PART Ph 303 PHARMACY PERMIT OPTION

 

Ph 303.01 Licensing the Entire Store Area.

 

(a) The pharmacy shall include the prescription department and all other retail sections of the store.

 

(b) The entire pharmacy 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 shall not be closed while the balance of the establishment remains open.

 

(d) A licensed pharmacist shall be on duty at all times when the pharmacy is open to the public.

 

Source. #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, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

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.

 

Source. #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; paragraphs (a)-(c), (e)-(g), (i), and (k)-(n) EXPIRED: 3-26-13; paragraphs (d), (h), and (j) EXPIRED: 2-23-14

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

PART Ph 304 PHARMACY PERMIT APPLICATION

 

Ph 304.01 Obtaining and Filing a Permit Application.

 

(a) Application Ph B-1 revised September 2015 for a permit to operate a pharmacy in New Hampshire may be obtained from the board or board website, and shall be filed at the board office, identified in Ph 103.03;

 

(b) Form Ph B-1 shall be used for:

 

(1) Applying for a permit to operate a new pharmacy within the State of New Hampshire;

 

(2) Changing the location of a currently licensed New Hampshire pharmacy;

 

(3) Changing the ownership of a currently licensed New Hampshire pharmacy; and

 

(4) Changing the pharmacist-in-charge of a currently licensed New Hampshire pharmacy.

 

Source. #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, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 304.02 Application Contents.

 

(a) The applicant for a permit to operate a pharmacy in New Hampshire, shall complete form Ph B-1 revised September 2015.

 

(b) The applicant shall also submit scale drawings of the pharmacy, detailing usage of all space.

 

(c) The applicant shall supplement the application with any certificates, affidavits, plans, documents, or other information sufficient to show full compliance with all of the requirements of Ph 304.

 

(d) The applicant shall submit a certificate from the secretary of state attesting to the documents creating the corporate person and any amendment(s) thereof to the certificate of incorporation, or authorizing it to do business in the state of New Hampshire under the corporate name.

 

(e) The application shall be filed with the prescribed fee of $250.

 

Source. #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; paragraphs (a)-(d) EXPIRED: 2-5-04; amd by #8316, eff
3-26-05; paragraph (e) EXPIRED: 2-1-07; paragraphs (a)-(d) EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

PART Ph 305 PHARMACY PERMIT PROCEDURE

 

Ph 305.01 Pharmacy Permit Conference.

 

(a) In addition to all requirements set forth in the statutes and elsewhere in this chapter, each applicant applying for a permit to operate a pharmacy in New Hampshire shall appear before the board for an informal conference to review the responsibilities of the pharmacist-in-charge and permit holder.

 

(b) If the owner is not the pharmacist-in-charge, then the owner or an officer of the corporation, or the district manager, as well as the anticipated pharmacist-in-charge shall appear before the board.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 305.02 Site Inspection for Pharmacy Permit.

 

(a) Following the applicant's conference, the proposed site shall be inspected by one or more board members or compliance inspectors to determine if the premises are secure and suitable, as set forth in the NH pharmacy application information according to the provisions of Ph 702, for the operation of a pharmacy and that the required professional library material, according to Ph 702.07 (c) & (d), is available.

 

(b) Within the 60 day period after the issuance of the temporary permit as required by Ph 305.03, an inspector or a board member or both shall inspect the pharmacy. The full operation of the pharmacy shall be examined for compliance with federal and state statutes and rules governing the practice of pharmacy to ensure public protection.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 305.03 Issuance and Denial of Pharmacy Permit.

 

(a) Applicants shall file a completed application at least 30 days before consideration will be given for a temporary permit.

 

(b) Providing that, the premises are suitable, according to Ph 305.02 (a), for the operation of a pharmacy and the applicant has met all other requirements of these rules and RSA 318, the applicant shall be granted a temporary permit which shall expire in 60 days. The temporary permit shall authorize the operation of a pharmacy only in the location and only under the name specified in the permit and shall authorize the pharmacist-in-charge to buy, possess and dispense prescription drugs, chemicals and pharmaceuticals.

 

(c) After consideration of the application and the report of the primary site inspection, the board shall notify the applicant in writing of all deficiencies in the application which, in the absence of correction, shall result in the denial of the application. The applicant shall, within 20 days of the date of the notice of deficiency, deliver to the board documents evidencing the correction of those deficiencies. In the absence of


a timely filing of documentation, the application shall, without further action or notice by the board, be denied effective as of the expiration of 20 days after the date of the notification of deficiency.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

PART Ph 306 PHARMACY PERMITS - CHANGES IN SUPPORTING DATA

 

Ph 306.01 Pharmacy Ownership Transfer. A transfer of ownership shall include any of the following:

 

(a) The sale of the pharmacy;

 

(b) The addition or deletion of one or more partners in a partnership;

 

(c) The death of a singular owner; or

 

(d) In a publicly traded, multi-tiered corporation, a change in the corporate ownership of the majority or controlling interest of the lowest tier of the corporate structure doing business as a pharmacy in the State of New Hampshire.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05; amd by #8572, eff 2-23-06; intro. paragraph and paragraphs (a)-(c) EXPIRED: 3-26-13; paragraph (d) EXPIRED: 2-23-14

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 306.02 Reporting Changes. The person to whom a permit to operate a pharmacy in New Hampshire has been issued shall, within 15 days of that person's discovery of a change in any of the data contained in the application for an original or renewal permit, report that change to the board in writing. An original new permit application, form Ph B-1 revised September 2015 shall be completed and filed in addition to the written notice when the name, location, ownership, licensed area or pharmacist in charge of the pharmacy are changed.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 306.03 Change in Pharmacy Name or Location - Prohibited. No person shall operate a pharmacy under a name, or at a location, different from the name and location contained in the permit issued pursuant to Ph 304.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 306.04 Renovations. Plans for any renovation at any time after an original permit is issued shall be filed with the board for review and approval before proceeding with such changes.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 306.05 Special Permit Provisions for Sudden Termination of Pharmacist-In-Charge (PIC). Existing pharmacy permit holders who have a sudden loss of the pharmacist-in-charge (PIC), shall be issued a special pharmacy permit valid for 60 days while a new PIC is identified and appears before the board according to Ph 305.01.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

PART Ph 307 RENEWAL AND REPLACEMENT PHARMACY PERMITS

 

Ph 307.01 Renewal Permits Required. The person to whom a permit to operate a pharmacy in New Hampshire has been issued shall renew that permit by December 31st of each year.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 307.02 Renewal Application Where Obtained and Filed. Applications for the renewal of a permit to operate a pharmacy in New Hampshire may be obtained from, and shall be filed at the board office.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 307.03 Renewal Application Contents and When Filed.

 

(a) Applications for renewal of a permit to operate a pharmacy in New Hampshire shall consist of the prescribed form Ph B-2 revised September 2015 and the prescribed fee of $250.

 

(b) Renewal applications as required pursuant to Ph 307.01 shall be submitted to the board office identified in Ph 103.03 no later than the 15th day of December of each year.

 

Source. #6181-B, eff 2-5-96; amd by #6933, eff 2-1-99; paragraph (b) EXPIRED: 2-5-04; amd by #8316, eff 3-26-05; paragraph (a) EXPIRED: 2-1-07; paragraph (b) EXPIRED:
3-26-13

 

New. #10702, INTERIM, eff 10-23-14, , EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 307.04 Renewal Application Deficiencies. The board shall notify the applicant in writing as to how the application for renewal is deficient. The applicant may, within 10 days after the date of the notice of deficiency, correct the deficiency or the renewal shall be denied.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 307.05 Issuance or Denial of Renewal Permit.

 

(a) If an applicant shall timely file an application, complete in all respects, and shall demonstrate the fulfillment of all the requirements of these rules and RSA 318, the board shall issue a renewal permit.

 

(b) An application which continues to fail to meet the requirements of these rules and RSA 318 shall be denied.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 307.06 Replacement Permit Application and Contents.

 

(a) The holder of a current permit to operate a pharmacy in New Hampshire, whose permit has been lost or destroyed shall apply for a replacement permit within 15 days after the date the licensee discovers, or with reasonable diligence, should have discovered, the loss or destruction of the permit. There shall be no form prescribed for an application for a replacement permit.

 

(b) The request for a replacement permit shall:

 

(1) Be in writing;

 

(2) Contain the number of the current permit held by the applicant, if known;

 

(3) Be accompanied by the remains, if any, of the permit for which a replacement is sought;

 

(4) Be accompanied by the prescribed fee of $25; and

 

(5) Be filed at the board office.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

PART Ph 308 REVOCATION AND SUSPENSION OF A PHARMACY PERMIT

 

Ph 308.01 Grounds for Revocation or Suspension. The board may revoke or suspend a permit to operate a pharmacy for grounds which include but are not limited to:

 

(a) Misconduct as described in RSA 318:29, II; and

 

(b) Violations of the provisions of RSA 318:29, V.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16

 

Ph 308.02 Effect of Revocation.

 

(a) The revocation of a pharmacy permit shall permanently withdraw the authority to operate a pharmacy in New Hampshire.

 

(b) A subsequent permit may be obtained only by:

 

(1) Complying with all of the requirements of RSA 318 and these rules regarding the original licensing of pharmacies;

 

(2) Paying all penalties assessed in connection with the cause for revocation; and

 

(3) By demonstrating that the cause for revocation does not exist at the time of the subsequent application.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16 (from Ph 308.01)

 

Ph 308.03 Effect of Suspension.

 

(a) The suspension of a pharmacy permit shall temporarily withdraw the authority to operate a pharmacy in New Hampshire until the time specified in the order of suspension.

 

(b) The authority to operate a pharmacy in New Hampshire shall be recovered only by;

 

(1) Complying with all of the requirements specified in the order of suspension;

 

(2) Complying with all of the requirements of RSA 318 and these rules regarding the renewal of a pharmacy permit; and

 

(3) Paying all penalties assessed in connection with the cause for suspension.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16 (from Ph 308.02)

 

Ph 308.04 Voluntary Surrender When Permitted.

 

(a) Any person holding a pharmacy permit may voluntarily return that permit to the board.

 

(b) The return of such permit shall be accompanied by the licensee's signed, written statement as to why the permit is being voluntarily returned to the board.

 

(c) The voluntary surrender of a permit to operate a pharmacy in New Hampshire shall serve to withdraw the authority for the licensee to operate that pharmacy in New Hampshire.

 

(d) Voluntary surrender of a permit to operate a pharmacy in New Hampshire shall not be permitted if there exists, at the time the permit is presented to the board, any cause for involuntary revocation or suspension of the licensee's permit to operate a pharmacy, unless the licensee presenting the permit shall state in writing that the voluntarily surrendered permit is in lieu of proceedings for the involuntary revocation or suspension of the permit to operate a pharmacy in New Hampshire.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16 (from Ph 308.03)

 

Ph 308.05 Hearing. Except as authorized by statute or these rules, a permittee to operate a pharmacy in New Hampshire shall not be disciplined except after notice and opportunity for hearing provided by Ph 200.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05; ss by #8572, eff 2-23-06, EXPIRED: 2-23-14

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16 (from Ph 308.04)

 

PART Ph 309 STANDARDS OF PRACTICE FOR MANUFACTURERS, WHOLESALERS AND DISTRIBUTORS Moved to Ph 1000

 

Ph 309.01 Ph 309.14

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05, EXPIRED: 3-26-13

 

New. #10702, INTERIM, eff 10-23-14, EXPIRED: 4-21-15

 

New. #11031, eff 1-29-16; renumbered by #12007 (see Ph 1000)

 


CHAPTER Ph 400 CONTINUED STATUS

 

PART Ph 401 RENEWAL AND REPLACEMENT LICENSES

 

Ph 401.01 Obtaining and Filing Renewal Applications. Applicants for renewal of a license to practice pharmacy shall submit, by December 15th of every even-numbered year, a Renewal License Form renewal form Ph A-2. The application may be obtained from the board office. Alternatively, applicants may file the renewal application online at https://nhlicenses.nh.gov/eGov/Login.aspx

 

Source. #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, EXPIRED: 3-26-13

 

New. #10812, eff 4-18-15; ss by #13117, eff 10-15-20

 

Ph 401.02 Renewal Application Contents and Filing Deadline.

 

(a) Applications for renewal of a license to practice pharmacy in New Hampshire under RSA 318 shall be completed and filed biennially by December 15th of each even-numbered year.

 

(b) With the exception of authorized immunizing pharmacists per the provisions of Ph 1300, which shall have the combined renewal fee as noted below in (c), the application and the prescribed fee of $250 shall be filed with the board no later than December 15th of each even-numbered year. Each licensee shall complete and file his or her application for license renewal prior to this date.

 

(c) The biennial renewal fee for pharmacists who are authorized immunizing pharmacists shall be $270, which includes a fee for the immunization endorsement on their pharmacist license.

 

(d) Per the provisions of RSA 318:29-a, VI(b), $30 of each biennial pharmacist renewal fee noted in sections (b) and (c) above shall be used to fund the impaired pharmacist program.

 

Source. #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; paragraphs (a) and (b) EXPIRED: 2-5-04; amd by #8316, eff 3-26-05; amd by #9139-B, eff 4-25-08; paragraphs (a) and (b) EXPIRED: 3-26-13; ss by #10842, eff 6-3-15; ss by #13117, eff 10-15-20

 

Ph 401.03 Renewal Application Deficiencies. Within 5 days of receipt at the board office, the board shall notify the applicant in writing if the renewal application is deficient. The applicant may then correct the deficiency or file with the board a written request for a hearing before the board.

 

Source. #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, EXPIRED: 3-26-13

 

New. #10812, eff 4-18-15

 

Ph 401.04 Renewal License Issuance and Denial.

 

(a) If an applicant timely files an application, complete in all respects, and demonstrates the fulfillment of all the requirements of these rules and RSA 318, the board shall issue a renewal license to practice pharmacy.

 

(b) Applicants shall register with the New Hampshire Prescription Drug Monitoring Program pursuant to the requirements articulated in RSA 318-B:33, II and Ph 1503.01 (a).

 

(c) An application failing to meet the requirements of these rules or RSA 318, or both, shall, after the notice and opportunity for hearing, be denied.

 

(d) Applicants who fail to register for the New Hampshire Prescription Drug Monitoring Program pursuant to RSA 318-B:33, II and Ph 1503.01 (a), shall, after the notice and opportunity for hearing, be denied.

 

Source. #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, EXPIRED: 3-26-13

 

New. #10812, eff 4-18-15

 

Ph 401.05 Duplicate/Replacement Original Certificate of Licensure or Renewal License - Issuance.

 

(a) If seeking a duplicate or replacement for an original certificate of licensure the applicant shall:

 

(1) Submit a written request, signed by the pharmacist, to the board for replacement; and

 

(2) Provide payment of the prescribed fee which shall be $50.

 

(b) If seeking a duplicate or replacement for an annual renewal license the applicant shall:

 

(1) Submit a written request, signed by the pharmacist, to the board for a duplicate or replacement; and

 

(2) No fee shall be assessed for a duplicate or replacement renewal license.

 

Source. #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, EXPIRED: 3-26-13

 

New. #10812, eff 4-18-15

 

Ph 401.06 Reinstatement. A pharmacist whose license to practice pharmacy in this state has been suspended, revoked, voluntarily surrendered or allowed to lapse shall be subject to the following requirements:

 

(a) File a reinstatement application with the board which shall include at least the following:

 

(1) Name, address and telephone number of the applicant;

 

(2) Date of birth; and

 

(3) Current employment information.

 

(b) Pay the reinstatement fee of $200;

 

(c) Submit certificates of attendance/participation in accredited/approved continuing pharmaceutical education courses/programs for a minimum of 15 hours, of which at least 5 hours shall be earned in a live setting. All such continuing education shall have been earned in the period 12 months immediately preceding the date of application for reinstatement;

 

(d) Successfully complete the jurisprudence MPJE examination as specified in Ph 302.07(a);

 

(e) If the pharmacist has not held a license to practice pharmacy in this state for a period of 2 years or more, the applicant shall provide:

 

(1) Notarized affidavit(s) documenting the pharmacist's pharmacy experience during the 2 years immediately preceding the date of his/her application for reinstatement; and

 

(2) Proof of status of licensure in all states that the pharmacist has been licensed in; and

 

(f) If the pharmacist has not held a license to practice pharmacy in this state for a period of 5 years or more and has not practiced pharmacy in any other state, the board shall require the completion of a period of pharmacy practice internship prior to reinstatement.

 

Source. #2442, eff 9-1-83; 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; intro. paragraph and paragraphs (a)-(d) and (f)-(g) EXPIRED:
2-5-04; amd by
#8316, eff 3-26-05; paragraph (e) EXPIRED: 2-1-07; intro. paragraph and paragraphs (a)-(d) and (f)-(g) EXPIRED: 3-26-13

 

New. #10812, eff 4-18-15

 

Ph 401.07 Gold Certificates.

 

(a) The board of pharmacy shall issue a gold certificate to any pharmacist who has been regularly licensed as a pharmacist in New Hampshire for 50 consecutive years.

 

(b) Gold certificates shall be distinctive in coloration and text from other pharmacist licenses issued by the board, and shall be designed to appropriately recognize each recipient pharmacist for his/her half‑century of professional practice.

 

(c) A gold certificate shall be a one-time issuance of honorary nature and confer no right to practice pharmacy upon the recipient.

 

(d) The awarding of gold certificates shall be made by the board of pharmacy without charge to the recipient.

 

Source. #6181-B, eff 2-5-96, EXPIRED: 2-5-04

 

New. #8316, eff 3-26-05, EXPIRED: 3-26-13

 

New. #10812, eff 4-18-15

 

PART Ph 402 DISCIPLINARY MATTERS

 

Ph 402.01 Effect of Revocation.

 

(a) The revocation of a pharmacist license shall permanently withdraw the authority to practice pharmacy in New Hampshire.

 

(b) A subsequent license may be obtained only by:

 

(1) Complying with all of the requirements of RSA 318 and these rules regarding the original licensing of pharmacists;

 

(2) Paying all penalties assessed in connection with the cause for revocation; and

 

(3) Demonstrating that the cause for revocation does not exist at the time of the subsequent application.