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RSA 318:5-a · Rulemaking Authority

Title
XXX: OCCUPATIONS AND PROFESSIONS
Chapter
318 · PHARMACISTS AND PHARMACIES
Status
repealed
Official source linked
Yes
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318:5-a Rulemaking Authority. – The board shall adopt rules, pursuant to RSA 541-A, relative to:

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I.

[Repealed.]

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II.

The qualifications of applicants in addition to those requirements set by statute;

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III.

[Repealed.]

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IV.

How an applicant shall be examined, including:

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(a)

The subjects to be tested;

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(b)

Passing grade; and

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(c)

Disposition of examination papers; IV-a. The standards for registering pharmacies and licensing pharmacists and the practice of pharmacy; IV-b. The standards for licensure of research organizations;

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V.

[Repealed.]

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VI.

Ethical standards required to be met by each holder of any license issued under this chapter and how such license may be revoked for violation of these standards;

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VII.

[Repealed.] VII-a. Continuing education requirements under this chapter;

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VIII.

[Repealed.]

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IX.

Standards for the inspection of licensees;

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X.

Registration or certification of pharmacy technicians, including:

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(a)

Requirements for registration or certification;

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(b)

The duties, functions, and standards of conduct of pharmacy technicians;

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(c)

Requirements for the supervision of pharmacy technicians by licensed pharmacists;

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(d)

Standards for denial and revocation of registration and certification;

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(e)

[Repealed.]

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(f)

Requirements for renewal of registration or certification; and

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(g)

Requirements for reinstatement of registration or certification.

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XI.

[Repealed.] XI-a. Registration of pharmacy interns, including:

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(a)

Requirements for registration;

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(b)

The duties, functions, and standards of conduct of pharmacy interns;

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(c)

Requirements for the supervision of pharmacy interns by licensed pharmacists;

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(d)

Standards for denial and revocation of registration;

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(e)

[Repealed.]

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(f)

Requirements for renewal of registration; and

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(g)

Requirements for reinstatement of registration. XI-b. [Repealed.] XI-c. Licensure of advanced pharmacy technicians, including:

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(a)

Requirements for licensure, including experience and education requirements.

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(b)

The duties, functions, and standards of conduct of licensed advanced pharmacy technicians.

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(c)

Standards for the supervision of licensed advanced pharmacy technicians by licensed pharmacists.

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(d)

Standards for denial and revocation of licensure.

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(e)

[Repealed.]

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(f)

Requirements for renewal of a license.

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(g)

Requirements for reinstatement of a license.

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XII.

Procedures for the use, documentation, security, maintenance, and monitoring of automated pharmacy systems, including the placement of automated pharmacy systems in long-term care facilities, hospices, and state or county correctional institutions, for the purposes of storage and dispensing of controlled and non-controlled prescription drugs.

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XIII.

Standards for contracting, implementation, and operation of central prescription processing.

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XIV.

The adoption of protocols and procedures for the temporary absence of a pharmacist from a pharmacy while on duty.

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XV.

The requirements for the use of electronic transmission prescriptions, including the contents of such order and the verification of electronic signatures.

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XVI.

Procedures and protocols for emergency contraception drug therapy, pursuant to RSA 318:47-e.

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XVII.

The education and training standards and other requirements for pharmacists who, pursuant to prescriber-approved protocol:

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(a)

Administer prescription medications, including influenza immunizations.

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(b)

Engage in collaborative pharmacy practices.

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XVIII.

Disclosure and confidentiality relative to the New Hampshire Rx advantage program, pursuant to RSA 161-L:3.

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XIX.

Dispensing hormonal contraceptives in accordance with RSA 318:47-l.

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XX.

The standards for licensure of drug or device distribution agents. Source. 1981, 484:5. 1985, 324:3. 1988, 106:1; 210:3. 2000, 188:2. 2001, 282:5, 6. 2002, 281:4. 2005, 131:2; 177:128, 129. 2006, 164:4. 2007, 202:5, 6; 297:9. 2013, 105:2, eff. Aug. 23, 2013. 2015, 203:2, 3, eff. July 1, 2015. 2018, 205:3, eff. Aug. 7, 2018. 2019, 58:2, eff. July 1, 2019; 264:2, eff. Sept. 17, 2019. 2021, 197:105, II, eff. July 1, 2021. 2023, 79:305, 306, I to IV, eff. Sept. 1, 2023; 212:32, I, eff. Oct. 3, 2023. 2024, 327:128, 129, eff. July 1, 2024.

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Source note

Source. 1981, 484:5. 1985, 324:3. 1988, 106:1; 210:3. 2000, 188:2. 2001, 282:5, 6. 2002, 281:4. 2005, 131:2; 177:128, 129. 2006, 164:4. 2007, 202:5, 6; 297:9. 2013, 105:2, eff. Aug. 23, 2013. 2015, 203:2, 3, eff. July 1, 2015. 2018, 205:3, eff. Aug. 7, 2018. 2019, 58:2, eff. July 1, 2019; 264:2, eff. Sept. 17, 2019. 2021, 197:105, II, eff. July 1, 2021. 2023, 79:305, 306, I to IV, eff. Sept. 1, 2023; 212:32, I, eff. Oct. 3, 2023. 2024, 327:128, 129, eff. July 1, 2024.

Source history

  • 1981, 484:5
  • 1985, 324:3
  • 1988, 106:1; 210:3
  • 2000, 188:2
  • 2001, 282:5, 6
  • 2002, 281:4
  • 2005, 131:2; 177:128, 129
  • 2006, 164:4
  • 2007, 202:5, 6; 297:9
  • 2013, 105:2, eff. Aug. 23, 2013
  • 2015, 203:2, 3, eff. July 1, 2015
  • 2018, 205:3, eff. Aug. 7, 2018
  • 2019, 58:2, eff. July 1, 2019; 264:2, eff. Sept. 17, 2019
  • 2021, 197:105, II, eff. July 1, 2021
  • 2023, 79:305, 306, I to IV, eff. Sept. 1, 2023; 212:32, I, eff. Oct. 3, 2023
  • 2024, 327:128, 129, eff. July 1, 2024

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

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  • 2026 HB194 amend · effective 2027-01-01

    Board; Rulemaking; Examinations. Amend RSA 318:5-a, IV(a) to read as follows: (a) The subjects to be tested pursuant to RSA 318:19; 11 Pharmacy Board; Rulemaking; Licensed Advanced Pharmacy Technicians. Amend RSA 318:5-a, XI-c(a) to read as follows: (a) Requirements for licensure, including experience and education requirements, except that there shall not be any examination requirement for licensure. 12 Pharmacists and Pharma

  • 2026 HB194-FN amend · effective 2027-01-01

    ing orders. (c) Nothing in this paragraph shall be interpreted to permit an alteration of a prescribing clinician's diagnosis. 8 Pharmacy Board; Rulemaking Authority. Amend RSA 318:5-a, XVII to read as follows: XVII. The education and training standards and other requirements for pharmacists who, pursuant to prescriber-approved protocol,[: (a)] administer prescription medications outside the par

  • 2026 SB504 amend · effective 2027-01-01

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  • 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 SB504-FN amend · effective 2027-01-01

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  • 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