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RSA 318:37 · Required; Compliance

Title
XXX: OCCUPATIONS AND PROFESSIONS
Chapter
318 · PHARMACISTS AND PHARMACIES
Status
current
Official source linked
Yes
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318:37 Required; Compliance. –

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I.

No person shall conduct or operate a pharmacy for the sale at retail of drugs and medicines unless such pharmacy is registered with and a permit therefor has been issued by the office of professional licensure and certification in accordance with rules adopted by the pharmacy board, except as provided in this chapter.

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II.

(a) No person shall conduct or operate a mail-order pharmacy located outside of this state by shipping, mailing, or delivering prescription drugs into this state unless such pharmacy is registered in New Hampshire and a permit has been issued by the New Hampshire pharmacy board.

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(b)

To obtain a permit, a mail-order pharmacy shall comply with each of the following:

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(1)

Maintain a license in good standing from the state in which the mail-order pharmacy is located;

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(2)

Submit to the New Hampshire office of professional licensure and certification an application for registration;

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(3)

Pay all appropriate registration fees;

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(4)

Submit to the New Hampshire office of professional licensure and certification a copy of the state pharmacy license from the state in which the mail-order pharmacy is located;

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(5)

Submit to the New Hampshire office of professional licensure and certification a copy of the state and federal controlled substance registrations from the state in which it is located, if controlled substances are to be shipped into this state.

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(c)

When requested to do so by the New Hampshire pharmacy board, each mail-order pharmacy shall supply the New Hampshire pharmacy board with any inspection reports, warning notices, disciplinary actions, notice of deficiency reports, or any other related reports from the state in which it is located concerning the operation of a mail-order pharmacy for review of compliance with state and federal drug laws.

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(d)

Except in emergencies that constitute an immediate threat to the public health and require expedited action by the board, the New Hampshire pharmacy board shall file a complaint with the licensing board of the state in which the mail-order pharmacy is located when known or suspected violations of the laws of the state in which the pharmacy is located are uncovered. If the licensing board in the state in which the mail-order pharmacy is located initiates disciplinary action, the New Hampshire pharmacy board may request the appropriate documents involved in the action for consideration of discipline against the pharmacy registration of the mail-order pharmacy. If no action is taken against the mail-order pharmacy by the licensing board of the state in which it is located, the New Hampshire pharmacy board may request copies of any investigation reports available from that state.

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(e)

The New Hampshire pharmacy board shall extend reciprocal cooperation to any state that licenses and regulates mail-order pharmacies for the purpose of investigating complaints against pharmacies located in New Hampshire or the sharing of information and investigative reports, as long as the other state shall extend the same reciprocal cooperation to the New Hampshire pharmacy board. Source. 1921, 122:24. PL 210:38. RL 256:38. RSA 318:37. 1973, 453:6. 1979, 155:27. 1981, 484:18. 2000, 187:2, eff. Oct. 1, 2000. 2021, 197:103, eff. July 1, 2021. 2023, 79:313, eff. Sept. 1, 2023.

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Source note

Source. 1921, 122:24. PL 210:38. RL 256:38. RSA 318:37. 1973, 453:6. 1979, 155:27. 1981, 484:18. 2000, 187:2, eff. Oct. 1, 2000. 2021, 197:103, eff. July 1, 2021. 2023, 79:313, eff. Sept. 1, 2023.

Source history

  • 1921, 122:24. PL 210:38. RL 256:38. RSA 318:37
  • 1973, 453:6
  • 1979, 155:27
  • 1981, 484:18
  • 2000, 187:2, eff. Oct. 1, 2000
  • 2021, 197:103, eff. July 1, 2021
  • 2023, 79:313, eff. Sept. 1, 2023

Related materials

Bill relationships

  • 2026 HB1249 reference

    rvices and Elderly Affairs ----------------------------------------------------------------- ANALYSIS This bill amends the definition of the practice of pharmacy under RSA 318 and authorizes pharmacists to prescribe certain prescription devices necessary for the appropriate delivery or administration of a prescribed drug. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

  • 2026 HB1584 amend · effective 2027-01-01

    each operated at a surplus for the past year. In no case shall the commissioner make such certification prior to July 1, 2027. 9 New Subdivision; Drug Pricing Options. Amend RSA 318 by inserting after section 47-m the following new subdivision: Drug Pricing Options 318:47-n Notice of Drug Pricing Options. I. Every pharmacy licensed in this state shall make reasonable efforts to notify cons

  • 2026 HB1584-FN amend · effective 2027-01-01

    each operated at a surplus for the past year. In no case shall the commissioner make such certification prior to July 1, 2027. 9 New Subdivision; Drug Pricing Options. Amend RSA 318 by inserting after section 47-m the following new subdivision: Drug Pricing Options 318:47-n Notice of Drug Pricing Options. I. Every pharmacy licensed in this state shall make reasonable efforts to notify cons

  • 2026 SB504 reference · effective 2027-01-01

    including rules to enforce the requirements of this section. V. Nothing in this section shall be construed to alter the jurisdiction or authority of the board of pharmacy under RSA 318. 126-ZZ:7 Free Care and Public Benefits. I. Each licensed experimental treatment center shall allocate 2 percent of its net annual profits to support access to experimental treatments and health care for qualifyin

  • 2026 SB504-FN reference · effective 2027-01-01

    including rules to enforce the requirements of this section. V. Nothing in this section shall be construed to alter the jurisdiction or authority of the board of pharmacy under RSA 318. 126-ZZ:7 Free Care and Public Benefits. I. Each licensed experimental treatment center shall allocate 2 percent of its net annual profits to support access to experimental treatments and health care for qualifyin

  • 2026 SB665 amend · effective 2027-01-01

    s used to compensate the pharmacy benefits manager. VII. Nothing in this section shall prohibit the use of spread pricing. 13 New Subdivision; Drug Pricing Options. Amend RSA 318 by inserting after section 47-m the following new subdivision: Drug Pricing Options 318:47-n Notice of Drug Pricing Options. I. Every pharmacy licensed in this state shall make reasonable efforts to notify cons

  • 2026 SB665-FN amend · effective 2027-01-01

    s used to compensate the pharmacy benefits manager. VII. Nothing in this section shall prohibit the use of spread pricing. 13 New Subdivision; Drug Pricing Options. Amend RSA 318 by inserting after section 47-m the following new subdivision: Drug Pricing Options 318:47-n Notice of Drug Pricing Options. I. Every pharmacy licensed in this state shall make reasonable efforts to notify cons

  • 2025 HB254 reference

    ician licensed pursuant to RSA 329; (2) An osteopathic physician licensed pursuant to RSA 329; (3) An advanced practice registered nurse licensed pursuant to RSA 326-B; or (4) A pharmacist licensed pursuant to RSA 318; provided, however, that a pharmacist shall not qualify as an attending health care provider under RSA 137-M:1, II or as a consulting health care provider under RSA 137-M:1, III. (b) A "health care provider" d

  • 2025 HB63 reference

    may write a prescription, drug order, or protocol for epinephrine nasal spray or auto-injectable epinephrine for the postsecondary educational institution or independent school. IV. A pharmacist licensed under RSA 318 may dispense a valid prescription, drug order, or protocol for epinephrine nasal spray or auto-injectable epinephrine issued in the name of a postsecondary educational institution or an independent school. 200