A N A C T
RELATING TO PHARMACIES
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 5-19 of the General Laws entitled "Pharmacy" is hereby repealed in its entirety.
CHAPTER 19
Pharmacy
5-19-1. Definitions -- The terms "drugs" and "medicines and poisons", as used in this chapter, means and includes all drugs and preparations sold under or by a name recognized in the United States pharmacopoeia or national formulary, and of the standards of strength, quality, or purity as determined by the test, if any, laid down in the United States pharmacopoeia or national formulary; provided, that the term "poison", as used in this chapter, does not include any substance, mixture of substances, or preparations commonly kept on sale in retail grocery stores and commonly used for disinfecting, polishing, or cleaning purposes, nor any nonpoisonous substance, mixture of substances or preparation, which is or may be in common use for purposes other than the cure, mitigation or prevention of disease, regardless of whether any of the substances, mixtures of substances or preparations referred to in this proviso are not recognized in the United States pharmacopoeia or national formulary.
5-19-2. Board of pharmacy -- Creation -- Composition -- (a) Within the department of health, there is a board of pharmacy, referred to in this chapter as the board, consisting of nine (9) persons, residents of the state:
(1) One of whom is a registered pharmacist and a qualified elector, who is currently employed in the department of pharmacy of a nonprofit hospital corporation in the state during his or her term of appointment;
(2) Two (2) of whom are qualified electors actively engaged in the practice of independent pharmacy;
(3) Two (2) of whom are representatives of the Rhode Island drug chain stores;
(4) Two (2) of whom are qualified electors actively engaged in any field of pharmacy practice; and
(5) Two (2) of whom are from the public.
(b) All members, except the public members, shall be registered pharmacists and shall have been engaged in the practice of pharmacy for five (5) consecutive years in the state immediately prior to appointment.
5-19-3. Board of pharmacy -- Appointment of members -- In the month of July 1972, a hospital pharmacist, and a retail pharmacist shall be appointed to the board of pharmacy to serve terms of three (3) years and eight (8) months. Subsequent members serve terms of three (3) years. Rotation of members occur as their individual appointments expire, so that the composition of the board, as described in section 5-19-2, will not be altered. All appointments are considered by the director of health with the approval of the governor from a list of names submitted by the Rhode Island pharmaceutical association and Rhode Island society of hospital pharmacists, or from other qualified registered pharmacists. In July, 1990, the representative of the Rhode Island drug chain stores and the public member shall be appointed and serve a term of three (3) years.
5-19-4. Board of pharmacy -- Quorum -- Officers -- Administrative services -- The simple majority of the board of pharmacy constitutes a quorum. The board shall organize in the month of March of each year by electing from its membership a chairperson and secretary who shall record and maintain the minutes of each meeting. The department of health furnishes administrative services to the board.
5-19-5. Board of pharmacy -- Compensation of members -- Appropriations -- The members of the board of pharmacy shall receive annual compensation for their services in the amount of not more than five hundred dollars ($500) each; and the General Assembly shall annually appropriate any sums that it deems necessary to carry out the purposes of this chapter.
5-19-6. Examination and registration of applicants -- Rules and regulations -- (a) The board of pharmacy shall:
(1) Examine all applicants for registration;
(2) Promulgate rules and regulations providing that each applicant satisfactorily completes any period of practical training that the board prescribes;
(3) Promulgate rules and regulations for the administration of this training;
(4) Set uniform standards and provisions for payment of at least the prevailing minimum wage; and
(5) Register all persons properly qualified or entitled to register.
(b) The board is authorized and empowered to make any rules and regulations consistent with the provisions of this chapter and subject to the approval of the director of health that it deems necessary or expedient for the practice of pharmacy.
5-19-7. Board of pharmacy -- Inspectors and assistants -- The director of health is authorized to appoint in accordance with the provisions of chapter 4 of title 36 an inspector or inspectors who are registered pharmacists, and any other necessary assistants to perform any duties that the board of pharmacy designates.
5-19-8. Board of pharmacy -- Office space -- Disposition of fees -- The department of administration provides suitable office space for the board of pharmacy properly equipped to carry out its functions under this chapter. The fees received for examinations, registrations, certificates, and licenses are turned over to the general treasurer for the use of the state.
5-19-9. Certificate as to board records -- The certificates of the secretary of the board of pharmacy as to any matter or record of the board, as to which the secretary may be called upon to testify in his or her official capacity, is admissible evidence in any court in the state of the existence or non-existence of that matter. The secretary is paid the sum of one dollar ($1.00) for every certificate, which sum is taxed in the costs of any proceedings pending in any court in which those records are offered as evidence.
5-19-10. Qualifications of registered pharmacist -- Every person in order to be a registered pharmacist within the meaning of this chapter is either:
(1) A person regularly registered as a registered pharmacist in this state December 31, 1972, or;
(2) A person over eighteen (18) years of age;
(i) Who is a citizen or legal resident of the United States;
(ii) Of good moral character and temperate habits;
(iii) A graduate of a five (5) year course in pharmacy at an institution authorized to confer degrees in the state in which it is located, accredited by the American council on pharmaceutical education, and approved by the board of pharmacy;
(iv) Who substantiates by affidavit that he or she has acquired practical experience under the supervision of a registered pharmacist as prescribed and promulgated by the board of pharmacy; and
(v) Passes in a satisfactory manner any examination that the board of pharmacy requires.
5-19-10.1. Foreign pharmacy graduates -- For graduates of a foreign college of pharmacy listed in the world directory of schools of pharmacy, published by the world health organization, full certification must be obtained by the foreign pharmacy graduate equivalency commission (FPGEC), which includes passing the foreign pharmacy graduate equivalency examination (FPGEE) and test of English as a foreign language (TOEFL), with scores approved by the board of pharmacy as prescribed in the rules and regulations, in addition to the requirements of section 5-19-10.
(1) "Foreign pharmacy graduate" is a pharmacist whose undergraduate pharmacy degree was conferred outside the United States by a pharmacy school listed in the world directory of schools of pharmacy published by the world health organization. The United States, as used here, includes the fifty states, the District of Columbia, and Puerto Rico.
(2) "FPGEC" means the foreign pharmacy graduate equivalency commission.
(3) "FPGEE" means the foreign pharmacy graduate equivalency examination.
(4) "TOEFL" is the test of English as a foreign language, as given by the American college test (ACT), or its successor, and certified by the FPGEC.
5-19-11. Registration by reciprocity -- The board of pharmacy may in its discretion register as a registered pharmacist without examination any person who is registered or licensed by examination in some other state, upon his or her production of satisfactory evidence to the board of having had the required secondary and professional education and training and of being possessed of a good moral character as required of applicants for registration as registered pharmacists by examination under the provisions of this chapter; provided, that any person of good moral character who has become registered or licensed as a pharmacist by examination in some other state prior to December 31, 1972, is required to satisfy only the requirements which existed in this state at the time when he or she became registered or licensed as a pharmacist in that other state, provided that the other state grants under like conditions reciprocal registrations as pharmacists without examination to pharmacists registered by examination in this state.
5-19-12. Registered assistant pharmacists -- (a) Registered assistant pharmacists comprise:
(1) All persons who were regularly registered as assistant pharmacists in this state on June 30, 1932; and
(2) Those persons: of good moral character who are citizens of the United States and were regularly working prior to October 30, 1931, in a shop or store where the prescriptions of medical practitioners were compounded, continued to work for at least three (3) years after October 30, 1931, and prior to October 30, 1936, passed a satisfactory examination before the division of examiners in the department of public health.
(b) Registered assistant pharmacists are authorized to assist in the dispensing and compounding of the prescriptions of medical practitioners under the supervision of a registered pharmacist but are not permitted to conduct or manage a pharmacy.
5-19-13. Examination and registration fees -- Every person applying for examination and registration as a registered pharmacist shall pay the board of pharmacy, within the department of health, the required fee prescribed in the rules and regulations which reflect the actual cost of the examination, but is no more than three hundred dollars ($300). Upon passing the required examination, the person is furnished without further charge with a certificate of registration. Every applicant for a reciprocal registration as a registered pharmacist pays to the board a fee of one hundred dollars ($100) plus any expense of making an investigation of his or her character, general reputation, and pharmaceutical standing in the state in which he or she has resided. The fee for an annual renewal is fifty dollars ($50.00).
5-19-13.1. Limited licenses -- An applicant for a limited license under this chapter shall furnish the board of pharmacy of the department of health with satisfactory proof that the applicant is eighteen (18) years of age or older, of good moral character and enrolled in not less than the third year of a recognized college of pharmacy. Every applicant for a limited license pays to the board the required fee, as established in the rules and regulations, which is no more than one hundred dollars ($100). No pharmacy student may serve an internship with a preceptor without holding a valid limited license from the board of pharmacy.
5-19-14. Place of business of pharmacist -- The certificate of registration issued by the board of pharmacy shall be used by the person to whom issued in only one place of business; but the board may permit that person, in removing to another place of business, to continue the use of his or her certificate with the same force and effect as in the place for which the certificate was issued. A person removing shall notify the board of the change of his or her place of business, and failing to do so ceases to be a registered pharmacist. No registered pharmacist may be the proprietor of more than one place of business, unless he or she keeps, at each place of business of which he or she is the proprietor, at all times when open, a registered pharmacist or a registered assistant pharmacist. No registered pharmacist doing business or employed in any other state, is permitted to open shop in this state, unless he or she keeps, at all times when open, a registered pharmacist or a registered assistant pharmacist in each shop operated in this state.
5-19-15. Certification conditioned on observance of laws -- Every certificate of registration granted under the provisions of this chapter is granted upon the condition that the person registered will not violate or permit to be violated, upon the premises occupied by him or her, any of the provisions of this chapter, or of title 3 or of chapter 30 of title 11, or of chapter 30 of title 21. Every certificate of registration subsequently granted contains that condition written or printed upon its face. That certificate and the registration of the person named in it becomes null and void upon conviction of that person of any offense, under either of those chapters or titles, committed upon the premises occupied by that registered person.
5-19-16. Expiration and renewal of registrations -- The registration of every person registered by the board of pharmacy expires on the first day of July following the granting of the license; and if any registered person does not apply for a renewal of his or her registration on or before the first day of July, annually, the board of pharmacy notes the fact against the name of that person, who subsequently ceases to be a registered pharmacist or registered assistant pharmacist.
5-19-17. Discontinuance of or refusal to renew registrations -- The board of pharmacy may, in its discretion, refuse to renew any certificate of registration, and may at any time, for good and sufficient cause, discontinue any registration previously granted.
5-19-18. Pharmacist convicted of controlled substances violations -- Any registered pharmacist or registered assistant pharmacist who has been convicted of a violation of the provisions of chapter 28 of title 21 or of the congress of the United States approved October 27, 1970, as amended, entitled, "Comprehensive Drug Abuse Prevention and Control Act of 1970" (Title 21, U.S.C. 84 stat. 1236), and all regulations pertaining to those provisions is deemed to have forfeited his or her right to registration, and the board of pharmacy shall then discontinue his or her registration.
5-19-19. Persons authorized to dispense drugs -- No person, unless a registered pharmacist or registered assistant pharmacist assisting a registered pharmacist, or unless acting as an aid under the immediate supervision of a registered pharmacist or a registered assistant pharmacist, within the meaning of this chapter, shall retail, compound, or dispense drugs, medicines or poisons, except as subsequently provided.
5-19-20. Store license -- Supervision by pharmacist -- (a) No person, co-partnership, or corporation shall conduct and maintain any open shop or store for the purpose of retailing, compounding, or dispensing drugs, medicines or poisons, without first obtaining and having in force from the board of pharmacy a license to do so. That license is issued to the pharmacist registered by the board of pharmacy at that open shop or store, or as having supervision over that shop or store or shops or stores. If a person, co-partnership, or corporation conduct and maintain more than one shop or store, he, she or it shall employ at least one registered pharmacist and shall have a separate registered pharmacist or registered assistant pharmacist at each shop or store at all times when open.
(b) Pharmacies operated by a person, co-partnership or corporation license pursuant to this chapter may refill prescriptions previously dispensed by another pharmacy, provided that prior to dispensing a refill the pharmacy refilling the prescription verifies the appropriateness of the refill through a centralized database.
(c) Disclosure of prescription information to any other person(s), other than agents of properly licensed pharmacies pursuant to subsection (b) of this section, is prohibited.
(d) Notwithstanding any other law to the contrary, for the purposes of disclosure of prescription information, a patient's employer is expressly prohibited from obtaining from a pharmacy, health insurer or other third party that information without the prior written authorization of the employee patient, which authorization shall specify the purpose for which the records are being sought.
(e) Any violation of subsection (c) or (d) of this section shall be subject to the penalties provided by chapter 37.3 of this title, the Confidentiality of Health Care Communications and Information Act.
5-19-20.1. List of drugs to be posted -- Display of current selling price required -- Exception -- (a) The director of the department of health shall compile a list of at least ten (10) of the most frequently prescribed health maintenance drugs and forward it to the board of pharmacy which shall distribute that list to all pharmacies in the state. Each pharmacy shall post, in a clear and legible form, on that list, the current selling price of each prescription drug listed.
(b) Current selling price means the actual price to be paid by a retail purchaser to the pharmacy for any prescription drug listed at the usual strength and amount listed.
(c) Each pharmacy:
(1) Shall conspicuously display the list of the ten (10) most frequently prescribed health maintenance prescription drugs at or adjacent to the place in the pharmacy where prescriptions are presented for compounding and dispensing;
(2) Shall, upon request, provide to a consumer who possesses a prescription for any listed prescription drug, the current selling price of that drug; and
(3) May change the current selling price and the posting of that price on the list at any time.
(d) The requirements of this section do not apply to an order to dispense a drug for immediate administration to a hospital patient.
5-19-20.2. Restricted pharmacies -- License -- Upon application of the plan administrator or trustee of any trust, fund, pension plan, combination plan, or profit sharing plan, which is subject to the provisions of the Employee Retirement Income Security Act of 1974, 29 U.S.C. section 1001 et seq., the board of pharmacy may license a facility, subsequently called a restricted pharmacy, for the purpose of dispensing pharmacy services to beneficiaries; provided, that the license is not granted unless the trust, fund or plan demonstrates to the satisfaction of the board of pharmacy that it is associated with another trust, fund or plan already licensed in another state to own and operate a restricted pharmacy for the purpose of dispensing pharmacy services to its beneficiaries. Charges for those services are determined by the trustee or plan administrator. A restrictive pharmacy may, after written notice to the board, limit its operation to a specific schedule of drugs.
The board of pharmacy may establish regulations which apply to a restrictive pharmacy. Nothing in this section prohibits a restricted pharmacy from accepting or filling prescriptions by mail; provided, that the prescribing physician is verified, according to the procedures established by chapter 37 of this title as licensed to practice in this state or in any New England state.
5-19-21. Pharmacy equipment and stock -- Every shop or store in order to be licensed as a pharmacy must be properly equipped with facilities, apparatus, utensils, and a representative stock of pharmaceuticals, chemicals, drugs, and preparations so that prescriptions can be properly filled and United States pharmacopoeia and national formulary preparations properly compounded.
5-19-22. Determination of sufficient pharmacy stock -- Sanitation and cleanliness -- The board of pharmacy prescribes the proper facilities, apparatus, utensils, and what constitutes a representative stock of pharmaceuticals, chemicals, drugs, and preparations which a licensed pharmacy shall at all times possess. The premises of the licensed pharmacy shall be equipped with proper sanitary appliances and kept in a clean and orderly manner. No license is issued or continued for the conduct and maintenance of a pharmacy until the provisions of sections 5-19-19 -- 5-19-22 have been complied with.
5-19-23. Reference books kept in pharmacies -- There shall be kept in every pharmacy or drug store a copy of the latest edition or revision of the United States pharmacopoeia and of the national formulary, which books must be available for the inspection of the board of pharmacy and its properly authorized agents and employees.
5-19-24. Pharmacy license fees -- Renewal -- Display -- License not transferable -- Every application for a pharmacy license must be in writing and accompanied by a payment to the board of pharmacy of the sum of one hundred dollars ($100) as a license fee. Licenses are consecutively numbered, and are renewed annually, for which renewal fifty dollars ($50.00) shall be paid to the board. The license is displayed conspicuously in the pharmacy, and is not transferable.
5-19-25. Refusal or revocation of pharmacy licenses -- Right to continue operation or open new stores -- (a) The board of pharmacy may for good and sufficient cause refuse to grant or to renew and may revoke any pharmacy license. Any person, co-partnership or corporation now owning or operating, in the state, a pharmacy, drug store, or open shop or store for the purpose of retailing, compounding, or dispensing medicines and poisons may continue to own and operate that store or shop, and to use the terms "pharmacy" and "drug store", and may establish, own and operate, in the state, additional pharmacies, drug stores or open shops or stores for the purpose of retailing, compounding, or dispensing medicines and poisons, and may use the terms "pharmacy" and "drug store" in connection with it except when good and sufficient cause exists for refusing or terminating the license of that pharmacy or drug store; subject to those conditions, and subject to the provisions of subsection (b), any person, co-partnership, or corporation is entitled to receive the necessary licenses for those pharmacies, drug stores, or open shops or stores for retailing, compounding or dispensing medicines and poisons now or subsequently owned and operated.
(b) (1) On and after July 6, 1993, the board of pharmacy shall refuse to grant any pharmacy license to any person who is a practitioner authorized to prescribe medications or to any partnership, corporation or other entity in which practitioners authorized to prescribe medications maintain a financial interest which, in the aggregate, exceeds ten percent (10%) of the total ownership of the entity or of the subject pharmacy or drug store.
(2) On and after July 1, 1994, good and sufficient cause exists for the refusal to renew and/or for the revocation of any pharmacy license if, after a hearing, the board of pharmacy determines that:
(i) Practitioners with authority to prescribe medications maintain a financial interest which, in the aggregate, exceeds ten percent (10%) of the total ownership of the subject pharmacy, drug store or licensee; or
(ii) More than forty percent (40%) of the prescriptions filled by the subject pharmacy or drug store within any three (3) month period beginning on or after July 1, 1994, were issued by practitioners with any ownership interest in the subject pharmacy, drug store, or licensee.
(3) The board of pharmacy shall, within one hundred eighty (180) days of July 6, 1993, promulgate regulations governing the implementation and enforcement of subsection (b)(ii).
5-19-26. Supervision of production, packing, and preparation of drugs -- License -- No person shall manufacture, make, produce, package, pack or prepare within this state any drugs, medicines, and poisons except under the personal and immediate supervision of a registered pharmacist or any other persons that are approved by the board of pharmacy after an investigation and a determination by the board of pharmacy that they are qualified by scientific or technical training and/or experience to perform any duties of supervision that may be necessary to protect the public health and safety. No person shall manufacture, make, produce, pack, package, or prepare any drugs, medicines, or poisons without first obtaining a license so to do from the board of pharmacy. The license is subject to any rules and regulations as to sanitation and equipment, that the board of pharmacy may adopt for the protection of the public health and safety.
5-19-27. License to distribute or sell drugs for resale -- No person shall sell, offer for sale, vend or distribute at wholesale or as a jobber, broker, agent, or distributor or for resale in any manner in this state any drugs, medicines, and poisons, without first obtaining a license to do so from the board of pharmacy. A manufacturer or wholesaler may sell drugs, medicines, and poisons to any licensed pharmacy, medical practitioner or other person authorized to dispense, sell at retail and use those drugs, medicines and poisons. Individuals employed as agents of federally-registered drug establishments are not required to pay an additional fee. The latter individuals are licensed by an addendum to the employer's application on a form provided by the board of pharmacy.
5-19-28. License for pharmacy within medical institution -- (a) No person shall operate, conduct, maintain, open, or establish a pharmacy within any hospital, sanatorium, clinic, or dispensary, in which drugs, medicines, and poisons are compounded or dispensed, without first obtaining a license so to do from the board of pharmacy.
(b) Clinic pharmacies operated by a health maintenance organization licensed under chapter 41 of title 27 and this chapter may refill prescriptions which have been previously dispensed by another health maintenance organization clinic pharmacy, provided that prior to dispensing a refill the pharmacy refilling the prescription verifies the appropriateness of the refill through a centralized database of that health maintenance organization.
(c) Disclosure of prescription information to any other person(s), other than agents of properly licensed pharmacies pursuant to subsection (b), is prohibited.
5-19-29. License for auction sale of drugs -- No person shall sell or offer for sale at public auction or sell or offer for sale at private sales in a place where public auctions are conducted, any drugs, medicines and poisons, without first obtaining a license so to do from the board of pharmacy, and it is necessary to obtain licensing from the board of pharmacy in every instance where any of the products covered by this chapter are to be sold or offered for sale.
5-19-30. Applications for special licenses -- Application for licenses required under sections 5-19-26 -- 5-19-29 are made on a form provided and furnished by the board of pharmacy and are accompanied by the fee required in section 5-19-31. Separate application is made and separate licenses issued for each separate place at which any of the operations for which a license is required in sections 5-19-26 -- 5-19-29 is carried on.
5-19-31. Special licenses not transferable -- Renewal -- Fees -- Special licenses are not transferable, expire on the dates subsequently indicated in this section, and are renewed annually by application as provided for in this chapter. The application is accompanied by the fee subsequently required in this section. The fees required for the issuing of licenses required in sections 5-19-26 -- 5-19-29, the dates of expiration of those licenses following the date of issue, and the fees required for their renewal are as follows:
|
Original Fee Date of Expiration Renewal Fee section 5-19-26 $ 100 June 30 $75.00 section 5-19-27 $ 100 June 30 $75.00 section 5-19-28 $ 50.00 June 30 $25.00 section 5-19-29 $ 75.00 Termination Issued for of each (sale) each (sale) |
5-19-32. Sale or dispensing of agricultural drugs unaffected --
5-19-33. Business by unauthorized persons unlawful -- It is unlawful, except as provided in this chapter, for any one but a registered pharmacist under this chapter who conforms to the rules and regulations of the board of pharmacy, to take, use, advertise, or exhibit the titles "pharmacist", "druggist", "drugs", "drug department", "pharmacy" and "drug store" or any term, sign, or device implying those titles, and to have charge of, engage in or carry on for himself or herself or for another, the dispensing, compounding or sale of drugs, medicines or poisons anywhere within this state. Except as prescribed by the provisions of this chapter, it is not lawful for any person to practice as a registered pharmacist, registered druggist or to advertise himself or herself by sign or otherwise to be a registered pharmacist, or to engage in, conduct, carry on or be employed in the dispensing, compounding, or retailing of drugs, medicines or poisons within this state; provided, that this section shall not apply to or be construed so as to affect any licensed pharmacy owned by the estate of any registered pharmacist and carried on and conducted, with the approval and permission of the board of pharmacy, by the representative, appointed by the court of probate, of any registered pharmacist who is deceased or not sui juris.
5-19-34. Penalties for violations -- Every person, co-partnership, or corporation who violates any of the provisions of this chapter shall, unless provided, upon the first conviction be fined fifty dollars ($50.00), and upon the second and every subsequent conviction shall be fined one hundred dollars ($100).
5-19-35. Investigation and prosecution of violations -- It is the duty of the board of pharmacy to investigate all complaints of disregard, noncompliance with, or violations of the provisions of this chapter on the part of druggists and persons licensed to sell medicines and poisons, and to bring all those cases to the notice of the proper prosecuting officers. The board is not required to enter into any recognizance for costs on any complaint made for any violation of the provisions of this chapter.
5-19-36. Persons and substances exempt -- Nothing contained in this chapter applies to any practitioner of medicine who does not keep open shop for the retailing, dispensing, or compounding of medicines and poisons, nor prevents him or her from administering or supplying to his or her patients any articles that he or she deems fit and proper; nor does it interfere with the making and dealing with the proprietary medicines, popularly called patent medicines, or the ordinary household remedies and drugs, unless those medicines are wholly or in part composed of some of the articles enumerated in section 21-30-7.
5-19-36.1. Necessity and contents of prescription label -- (a) Whenever a pharmacist issues a prescription, a label shall be attached to it containing:
(1) Instructions in full for the use of the item as prescribed by the physician;
(2) The names, in full, of both the doctor and patient;
(3) The name and address of the dispensing pharmacy;
(4) The name of the drug dispensed;
(5) The quantity and strength of the drug dispensed;
(6) The date the prescription is dispensed; and
(7) A prescription number.
(b) The label shall be printed, typed, or a combination of printed and typed, but shall not be handwritten, except in the case of an emergency. No person may alter, deface, or remove the affixed label.
5-19-37. Enforcement responsibilities of board -- The board of pharmacy established by section 5-19-2, administers, performs, and enforces all of the functions, powers and duties of this chapter and of sections 21-30-6 -- 21-30-9 under the general supervision of the director of health.
5-19-38. Pharmacists -- Substitution of drugs -- Pharmacists when dispensing a prescription shall, unless requested by the purchaser in writing, substitute drugs containing the same active chemical ingredients of the same strength, quantity, and dosage form as that drug requested by the prescriber from approved prescription drug products in accordance with the provisions of section 21-31-16, unless ordered by the prescribing physician to dispense as written on the prescription form, or if the prescriber gives oral direction to that effect to the dispensing pharmacist. The requirements of this section do not apply to an order to dispense a drug for immediate administration to a hospital in-patient. The pharmacist makes a product selection from approved prescription drug products and passes the savings on to the ultimate consumer, exclusive of the pharmacist's professional fee. The pharmacist may not charge a higher or different professional fee for the prescription drug product dispensed than that charged for the prescription drug product prescribed. When a drug product selection is made, the pharmacist indicates the product dispensed on the written prescription, or on the oral prescription, which has been reduced to writing.
SECTION 2. Title 5 of the General Laws entitled "Businesses and Professions" is hereby amended by adding thereto the following chapter:
CHAPTER 19.1
PHARMACIES
5-19.1-1. Introduction. -- The legislature finds that the practice of pharmacy is a learned profession. The sole legislative purpose for enacting this chapter is to ensure that every pharmacy and pharmacist practicing in the state meet minimum standards for safe practice. Pharmacists who fall below minimum competency or who otherwise present a danger to the public shall be prohibited from practicing in this state. The intent of the legislature is to facilitate the pharmacy practice evolution from a product-oriented profession to one (1) that is increasingly based on desired patient outcomes through pharmaceutical care. The current pharmacy statute limits the definition of pharmacy practice to specific distinct traditional pharmacy practice roles. Contemporary pharmacy practice and the evolving roles of pharmacists are limited by the boundaries of traditional statutory definitions.
5-19.1-2. Definition of terms. -- (1) "Board" means the Rhode Island board of pharmacy.
(2) "Change of ownership" means: (a) In the case of a pharmacy, manufacturer or wholesaler which is a partnership which results in a new partner acquiring a controlling interest in the partnership; (b) In the case of a pharmacy, manufacturer or wholesaler which is a sole proprietorship, the transfer of the title and property to another person; (c) In the case of a pharmacy, manufacturer or wholesaler which is a corporation;
(i) A sale, lease exchange, or other disposition of all, or substantially all of the property and assets of the corporation; or
(ii) A merger of the corporation into another corporation; or
(iii) The consolidation of two (2) or more corporations, resulting in the creation of a new corporation; or
(iv) In the case of a pharmacy, manufacturer or wholesaler which is a business corporation, any transfer of corporate stock which results in a new person acquiring a controlling interest in the corporation; or
(v) In the case of a pharmacy, manufacturer or wholesaler which is a nonbusiness corporation, any change in membership which results in a new person acquiring a controlling vote in the corporation.
(3) "Compounding" shall be the act of combining two (2) or more ingredients as a result of a practitioner's prescription or medication order occurring in the course of professional practice based upon the individual needs of a patient and a relationship between the practitioner, patient, and pharmacist. Compounding does not mean the routine preparation, mixing or assembling of drug products that are essentially copies of a commercially available product. Compounding shall only occur in the pharmacy where the drug or device is dispensed to the patient or caregiver and includes the preparation of drugs or devices in anticipation of prescription orders based upon routine, regularly observed prescribing patterns.
(4) "Controlled substance" means a drug or substance, or an immediate precursor of such drug or substance, so designated under or pursuant to the provisions of chapter 21-28.
(5) "Deliver" or "delivery" means the actual constructive, or attempted a transfer from one (1) person to another of a drug or device, whether or not there is an agency relationship.
(6) "Device" means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended (a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals, or (b) to affect the structure or any function of the body of man or other animals.
(7) "Director" means the director of the Rhode Island state department of health.
(8) "Dispense" means the interpretation of a prescription or order for a drug, biological, or device and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery.
(9) "Distribute" means the delivery of a drug or device other than by administering or dispensing.
(10) "Drug" means:
(a) Articles recognized in the official United States Pharmacopoeia or the official homeopathic pharmacopoeia of the U.S.;
(b) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals;
(c) Substances (other than food) intended to affect the structure or any function of the body of man or other animals; or
(d) Substances intended for use as a component of any substances specified in (a), (b) or (c) of this subsection and section 5-19-1(16), but not including devices or their component parts or accessories.
(11) "Equivalent and interchangeable" means having the same generic name, dosage form, and labeled potency, meeting standards of the United States Pharmacopoeia or National Formulary, or their successors, if applicable, and not found in violation of the requirements of the United States Food and Drug Administration, or its successor agency, or the Rhode Island department of health.
(12) "Intern" means a graduate of an American Council on Pharmaceutical Education (ACPE) accredited program of pharmacy, or a student who is enrolled in at least the first year of a professional ACPE accredited program of pharmacy, or a graduate of a foreign college of pharmacy who has obtained full certification from the FPGEC (Foreign Pharmacy Graduate Equivalency Commission) administered by the National Association of Boards of Pharmacy.
(13) "Legend drugs" means any drugs which are required by any applicable federal or state law or regulation to be dispensed on prescription only or are restricted to use by practitioners only.
(14) "Manufacture" means the production, preparation, propagation, compounding, or processing of a drug or other substance or device or the packaging or repackaging.
(15) "Nonlegend" or "nonprescription drugs" means any drugs which may be lawfully sold without a prescription.
(16) "Person" means an individual, corporation, government, subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
(17) "Pharmaceutical care" is the provision of drugs and other pharmaceutical services intended to achieve outcomes related to cure or prevention of a disease, elimination or reduction of a patient's symptoms, or arresting or slowing of a disease process. Pharmaceutical care includes the judgment of a pharmacist in dispensing an equivalent and interchangeable drug or device in response to a prescription, after appropriate communication with the prescriber and the patient.
(18) "Pharmacist-in-charge" means a pharmacist licensed in this state is designated by the owner as the person responsible for the operation of a pharmacy in conformance with all laws and regulations pertinent to the practice of pharmacy and who is personally in full and actual charge of such pharmacy and personnel.
(19) "Pharmacy" means that portion or part of a premise where prescriptions are compounded and dispensed, including that portion utilized for the storage of prescription or legend drugs.
(20) "Pharmacy technician" means an individual who meets minimum qualifications established by the board, which are less than those established by this chapter as necessary for licensing as a pharmacist; and works under the direction and supervision of a licensed pharmacist.
(21) "Practice of pharmacy" means the interpretation, evaluation, and implementation of medical orders; the dispensing of prescription drug orders; participation in drug and device selection; the compounding of prescription drugs; drug regimen reviews and drug or drug related research; provision of patient counseling and the provision of those acts or services necessary to provide pharmaceutical care; and/or the responsibility for the supervision for compounding and labeling of drugs and devices (except labeling by a manufacturer, repackager, or distributor of non-prescription drugs and commercially packaged legend drugs and devices), proper and safe storage of drugs and devices, and maintenance of proper records for them.
(22) "Practitioner" means a physician, dentist, veterinarian, nurse or other person duly authorized by law in the state in which they practice to prescribe drugs.
(23) "Preceptor" means a pharmacist registered to engage in the practice of pharmacy in this state, who has the responsibility for training interns.
(24) "Prescription" means an order for drugs or devices issued by the practitioner duly authorized by law in the state in which he practices to prescribe drugs or devices in the course of his or her professional practice for a legitimate medical purpose.
(25) "Wholesaler" shall mean a person who buys drugs or devices for resale and distribution to corporations, individuals, or entities other than consumers.
5-19.1-3. State board of pharmacy - Creation - Membership - Oath -- Vacancies. -- Within the department of health, there shall be a board of pharmacy, consisting of nine (9) individuals, residents of the state of Rhode Island, one (1) of whom shall be a registered pharmacist who is currently employed in the department of pharmacy at a hospital corporation in the state of Rhode Island during his/her term of appointment; two (2) of whom shall be actively engaged in the practice of independent retail pharmacy; two (2) of whom shall be representatives of the Rhode Island drug chain stores; two (2) of whom shall be actively engaged in any field of pharmacy practice; and two (2) of whom shall be from the public. All members, except the public members, shall be registered pharmacists and shall have been a licensed pharmacist for five (5) consecutive years in the state of Rhode Island immediately prior to appointment.
Members of the board shall hold office for a term of three (3) years. Appointment of members shall occur as individual appointments expire, such that the composition of the board will not be altered. All appointments shall be made by the director of health with the approval of the governor.
No person who has been appointed to and served for two (2) full consecutive three (3) year terms shall be eligible for appointment to the board.
Each member shall qualify by taking the usual oath of a state officer, which shall be filed with the secretary of state, and each member shall hold office for the term of his appointment and until his successor is appointed and qualified.
In the case of the resignation or disqualification of a member, or a vacancy occurring from any cause, the director shall appoint a successor for the unexpired term .
5-19.1-4. State board of pharmacy - Meetings - Quorum - Chairperson. - Members of the board shall meet at such times as it shall determine and as often as necessary to discharge the duties imposed upon it. The board shall elect a chairperson and a secretary from among its members annually in March. The simple majority of the board of pharmacy shall constitute a quorum. Said board shall organize each year by electing from its membership a secretary who shall record and maintain the minutes of each meeting and a chair.
5-19.1-5. State board of pharmacy - Powers and duties. - The board, subject to the approval of the director, shall:
(1) Regulate the practice of pharmacy and enforce all laws relating to pharmacy;
(2) Approve examinations for applicants for pharmacists' licenses;
(3) Establish the qualifications for licensure of pharmacists, pharmacy interns, pharmacy technicians, other classes of pharmacy personnel and wholesalers, or manufacturers;
(4) Conduct hearings for the revocation or suspension of licenses, permits, registrations, certificates, or any other authority to practice granted by the board, which hearings may at the board's discretion also be conducted by an administrative hearing officer;
(5) Issue subpoenas and administer oaths in connection with any hearing, or disciplinary proceeding held under this chapter or any other chapter assigned to the board;
(6) Be authorized to promulgate rules and regulations necessary to carry out the purposes of this chapter.
(7) Adopt rules establishing and governing continuing education requirements for pharmacists and other licensees applying for renewal of licenses under this chapter;
(8) Assess an administrative penalty on any person who fails to comply with any provision of this chapter or any rule, regulation, order, license or approval issued by the board relating to pharmacy;
(9) Adopt such other rules and regulations as necessary to carry out provisions of this chapter.
5-19.1-6. Board of pharmacy - Inspectors and assistants. - The director of health is authorized to appoint in accordance with the provisions of chapter 4 of title 36 an inspector or inspectors who shall be registered pharmacists, and such other necessary assistants who shall perform such duties as the board of pharmacy shall designate.
5-19.1-7. Director of health - Powers and duties. -- The director shall:
(1) Establish reasonable license and examination fees;
(2) Be authorized to appoint an inspector or inspectors who shall be registered pharmacists, and such other necessary assistants who shall perform such duties as the director shall designate;
(3) Issue, pursuant to such rules and regulations promulgated by the board and approved by the director, all licenses and registrations required by this chapter for duly qualified applicants;
(4) Deny licenses and registrations, to revoke, suspend, or otherwise discipline licensees in accordance with the provisions of this chapter;
(5) Exercise all other powers, specifically conferred upon him or her by virtue of the provisions of this chapter or other applicable sections of the general laws of the state.
5-19.1-8. Licensing required. - No person shall engage in the practice of pharmacy, establish, conduct or maintain a pharmacy, wholesale drug operation or manufacture drugs without obtaining a license under this chapter. It shall hereafter be unlawful for any person to practice pharmacy or to institute or operate any pharmacy unless such person shall be a licensed pharmacist or shall place in charge of said pharmacy a licensed pharmacist. Provided, however, persons who provide acceptable evidence of being currently licensed by examination or endorsement under the laws of other states of the United States and the District of Columbia, shall not be prevented from practicing in this state for a period of ninety (90) days from the date on the application receipt, provided that they become duly licensed in this state within ninety (90) days. The board may, through regulations, establish the responsibilities and duties of the pharmacist-in-charge.
5-19.1-9. Pharmacy license - Fee - Display - Declaration of ownership and location. - (1) A pharmacy license will be issued to any owner who meets the requirements established under this chapter or by regulations. The owner of each pharmacy shall pay an original license fee to be determined by the director, and annually thereafter, on or before a date to be determined by the director, for which he or she shall receive a license of location, which shall entitle the owner to operate such pharmacy at the location specified, or such other temporary location as the director may approve, for the period ending on a date to be determined by the director, and each such owner shall at the time of filing proof of payment of such fee, file with the department on a blank therefore provided, a declaration of ownership and location, which declaration of ownership and location so filed as aforesaid shall be deemed presumptive evidence of ownership of the pharmacy mentioned therein. A license shall be issued to the owner and premises listed on the form and shall not be transferred. A license issued hereunder shall be the property of the state and loaned to the licensee, and it shall be kept posted in a conspicuous place on the licensed premises. If a change in owner or premise listed in said firm occurs, the license becomes null and void.
(2) It shall be the duty of the owner to immediately notify the department of any proposed change of location or ownership.
(3) In the event such license fee remains unpaid on the date due, no renewal or new license shall be issued except upon payment of the license renewal fee.
5-19.1-10. Restricted pharmacies - License. -- Upon application of the plan administrator or trustee of any trust, fund, pension plan, combination plan, or profit sharing plan, which is subject to the provisions of the Employee Retirement Income Security Act of 1974, 29 U.S.C. sec 1001 et seq., the board of pharmacy may license a facility, hereinafter called a restricted pharmacy, for the purpose of dispensing pharmacy services to beneficiaries; provided, however, that no such license shall be granted unless the said trust, fund or plan demonstrates to the satisfaction of the board of pharmacy that it is associated with another such trust, fund or plan already licensed in another state to own and operate a restricted pharmacy for the purpose of dispensing pharmacy services to its beneficiaries. Charges for such serviced shall be determined by the trustee or plan administrator. A restrictive pharmacy may, after written notice to the board, limit its operation to a specific schedule of drugs.
The board of pharmacy may establish regulations which shall apply to a restrictive pharmacy. Nothing in this section shall prohibit a restricted pharmacy from accepting or filling prescriptions by mail; provided, that the prescribing physician is verified, according to the procedures established by chapter 5-37 as licensed to practice in this state or in any New England state.
5-19.1-11. Nonresident pharmacy - Fees - Display - Declaration of ownership and location. - Any pharmacy located outside this state that ships, mails or delivers, in any manner, legend drugs, controlled substances or devices into this state is a nonresident pharmacy and shall be licensed by the department. The nonresident pharmacy shall maintain, at all times a valid unexpired license, permit or registration to operate the pharmacy in compliance with the laws of the state in which it is located. Any pharmacy subject to this section shall comply with the board of pharmacy regulations of this state when dispensing legend drugs or devices to residents of this state.
(1) A pharmacy license will be issued to the owner who meets the requirements established pursuant to this chapter or regulations. The owner of each pharmacy shall pay an original license fee to be determined by the director, and annually thereafter, on or before a date to be determined by the director, for which he or she shall receive a license of location, which shall entitle the owner to operate such pharmacy at the location specified, or such other temporary location as the director may approve, for the period ending on a date to be determined by the director. Each such owner shall at the time of filing provide proof of payment of such fee, file with the department on a provided form, a declaration of ownership and location. Such declaration of ownership and location so filed as aforesaid shall be deemed presumptive evidence of ownership of the pharmacy mentioned therein. A license shall be issued to the owner and premise listed on the form and shall not be transferred. A license issued hereunder shall be the property of the state and loaned to the licensee, and it shall be kept posted in a conspicuous place on the licensed premises. If a change in owner or premise listed in said firm occurs, the license becomes null and void.
(2) It shall be the duty of the owner to immediately notify the department of any proposed change of location or ownership.
(3) In the event such license fee remains unpaid on the date due, no renewal or new license shall be issued except upon payment of the license renewal fee.
5-19.1-12. Manufacturer's License -- Fees -- Display -- Declaration of ownership and location. -- The owner of each and every place of business, which manufactures legend drugs within this state, and any person who manufactures legend drugs outside this state for distribution within this state shall be licensed by the department. The owner shall pay a license fee to be determined by the director, and thereafter, on or before a date to be determined by the director, a fee to be determined by the director, for which the owner shall receive a license of location from the director. The license shall entitle the owner to manufacture drugs at the location specified for the period ending on a date to be determined by the board, and each such owner shall at the time of payment of such fee file with the department, on a provided form, a declaration of ownership and location. The declaration of ownership and location so filed as aforesaid shall be deemed presumptive evidence of the ownership of such place of business mentioned therein. A license issued hereunder shall be the property of the state and loaned to the licensee and it shall be kept posted in a conspicuous place on the licensed premises. It shall be the duty of the owner to notify immediately the department of any proposed change of location or ownership. In event such license fee remains unpaid on the date due, no renewal or new license shall be issued except upon payment of the license renewal fee. A license shall be issued to the owner and premise listed on the form and shall not be transferred. If a change in owner or premise listed on said form occurs, the license becomes null and void.
5-19.1-13. Wholesalers' license -- Fees -- Display -- Declaration of ownership and location. -- The owner of each place of business, located within or outside this state, which distributes legend drugs and nonprescription drugs, at wholesale in this state, shall pay a license fee to be determined by the director, and thereafter, on or before a date to be determined by the director, a fee to be determined by the director, for which the owner shall receive a license of location from the department, which shall entitle such owner to either sell legend drugs and nonprescription drugs at wholesale at the location specified for the period ending on a date to be determined by the board, and each such owner shall at the time of payment of such fee file with the department, on a provided form, a declaration of ownership and location, which declaration of ownership and location so filed as aforesaid shall be deemed presumptive evidence of the ownership of such place of business mentioned therein. It shall be the duty of the owner to notify immediately the department of any change of location and ownership and to keep the license of location or the renewal thereof properly exhibited in such place of business. In event such license fee remains unpaid on the date due, no renewal or new license shall be issued except upon payment of the license renewal fee. A license shall be issued to the owner and premise listed on the form and shall not be transferred. If a change in owner or premise listed on the form occurs, the license becomes null and void.
5-19.1-14. Licensing of pharmacists -- Prerequisites -- Examinations -- Reciprocity -- Fees -- Renewal. - (1) The director shall license as a pharmacist any individual who shall:
(a) Be at least eighteen years of age;
(b) Have satisfied the board that he or she is of good moral and professional character;
(c) Hold a baccalaureate degree in pharmacy or a doctor of pharmacy degree granted by a school or college of pharmacy program that is accredited by the American Council on Pharmaceutical Education; or is a graduate of a foreign college who wishes to be examined for licensure as a pharmacist in this state and who shall provide evidence of successful completion of the FPGEC Certification Program as established in regulation.
(d) Have completed or has otherwise met the internship requirements as set forth in rules;
(e) Have satisfactorily passed examinations approved by the board and the director; and
(f) Meet such additional requirements as may be established in regulations.
(2) The department shall, without examination other than those required in regulation relating to the practice of pharmacy, license as a pharmacist any individual who has been duly licensed by examination as a pharmacist under the laws of another state, territory or possession of the United States, if, in the opinion of the board of pharmacy, the applicant meets the qualifications required of professional pharmacists in this state.
(3) Every application under this subsection shall be accompanied by a fee as determined by the department in regulation.
(4) The department shall provide for, regulate and require all persons licensed as pharmacists to renew their license periodically, and shall prescribe the form of such license and information required to be submitted by all applicants.
5-19.1-15. Pharmacy interns -- License -- Fees -- Renewals. -- (1) Any person who is a graduate of an accredited program of pharmacy or who is a student enrolled in at least the third year of a professional program of an accredited program of pharmacy, or any graduate of a foreign college of pharmacy who has obtained FPGEC certification may file with the department an application for licensure as a pharmacy intern. He or she shall be required to furnish such information as the board may, by regulation, prescribe and, simultaneously with the filling of said application, shall pay to the department a fee to be determined by the department. All licenses issued to pharmacy interns shall be valid for a period to be determined by the department, but in no instance shall the license be valid if the individual is no longer making timely progress toward graduation. No pharmacy student may serve an internship with a preceptor without holding a valid pharmacy intern license from the board of pharmacy.
(2) To assure adequate practical instruction, pharmacy internship experience as required under this chapter shall be obtained after licensure as a pharmacy intern by practice in any licensed pharmacy or other program meeting the requirements promulgated by regulation of the board, and shall include such instruction in the practice of pharmacy as the board of regulation shall prescribe.
(3) Licensed pharmacy interns shall practice only under the immediate supervision of a licensed pharmacist.
5-19.1-16. Pharmacy technicians -- License -- Fees -- Renewals. A pharmacy technician license will be issued to any individual who meets the requirements established under this chapter or by regulations. The pharmacy technician shall file with the department an application for licensure and shall be required to furnish such information as the board may, by regulation, prescribe and, simultaneously with the filing of said application, shall pay to the department a fee to be determined by the department. All licenses issued to pharmacy technicians shall be valid for a period to be determined by the department. No individual may serve as a pharmacy technician without holding a valid pharmacy technician license from the board of pharmacy.
5-19.1-17. Central database -- Operation. -- (1) Pharmacies operated by a person pursuant to this chapter may refill prescriptions which have been previously dispensed by an affiliated pharmacy, provided, that prior to dispensing a refill the pharmacy refilling the prescription verifies the appropriateness of the refill through a centralized database.
(2) Clinic pharmacies operated by a health maintenance organization licensed under chapter 27-41 and this chapter may refill prescriptions which have been previously dispensed by another health maintenance organization clinic pharmacy, provided that prior to dispensing a refill the pharmacy refilling the prescription verifies the appropriateness of the refill through a centralized database of that health maintenance organization.
(3) Disclosure of prescription information to any other person(s) other than agents of properly licensed pharmacies pursuant to section (1) or (2), is prohibited. Disclosure of prescription information is permitted only to those directly involved in patient care consistent with section 5-37.3 Health Care Communications and Information.
(4) The disclosure of prescription information to researchers may only be authorized in accordance with Federal Policy for the Protection of Human Subjects.
5-19.1-18. Necessity of prescription label. -- To every box, bottle, jar, tube or other container of a prescription which is dispensed, a label shall be attached, the contents of which shall be defined by the board of regulation.
5-19.1-19. Pharmacists -- Substitution of drugs. -- Pharmacists when dispensing a prescription shall, unless requested otherwise by the individual presenting the prescription in writing, substitute drugs containing all the same active chemical ingredients of the same strength, quantity, and dosage form as the drug requested by the prescriber from approved prescription drug products in accordance with the provisions of section 21-31-16, unless ordered by the prescribing physician to dispense as brand name necessary on the prescription form, or it if the prescriber gives oral direction to that effect to the dispensing pharmacist. The requirements of this section shall not apply to an order to dispense a drug for immediate administration to a licensed hospital, nursing facility or hospice facility in-patient. The pharmacist will make a product selection from approved prescription drug products and shall pass the savings on to the ultimate consumer. When a drug product selection is made, the pharmacist shall indicate the product dispensed on the written prescription or on the oral prescription, which has been reduced to writing or product information may be maintained on a computerized system if information is readily retrievable.
5-19.1-20. License - Renewal - Fee display. -- Every licensed pharmacist who desires to practice pharmacy shall secure from the department a license, the fee for which shall be determined by the director. The renewal fee shall also be determined in regulation by the director. The date of renewal may be established by the director by regulation and the department may by regulation extend the duration of a licensing period. The current license shall be conspicuously displayed to the public in the pharmacy to which it applies.
5-19.1-21. Refusal, suspension and revocation of licensees. -- The board of pharmacy, with the approval of the director, may deny, suspend, revoke or otherwise discipline the licensee upon proof that:
(1) The license was procured through fraud, misrepresentation or deceit;
(2) The licensee has violated any of the laws of this state or the United States relating to the practice of pharmacy, drugs, controlled substances, cosmetics, or nonprescription drugs, or has violated any of the rules and regulations of the board of pharmacy or has been convicted of a felony;
(3) A court of competent jurisdiction has determined a pharmacist to be mentally incompetent, the pharmacist shall automatically have his or her license suspended by the board upon the entry of the judgment, regardless of the tendency of an appeal;
(4) The licensee has dependence upon controlled substances, habitual drunkenness, or rendering professional services while the licensee is intoxicated or incapacitated by the use of drugs;
(5) The licensee made and/or filed false reports or records;
(6) The licensee's conduct is incompetent, or negligent which shall include, but not be limited to, any departure from or failure to conform to the minimal standards acceptable and prevailing pharmacy practice as determined by the board;
(7) The licensee has been found guilty in another state of conduct, which, if committed in Rhode Island, would constitute grounds to deny, revoke or suspend or otherwise discipline a licensee;
(8) The licensee has violated or permitted the violation of any provision of any state or federal law, rule or regulation governing the possession, use, distribution or dispensing of drugs, including, but not limited to, the violation of any provision of this chapter, title 21-28, title 21-31, or rule or regulation of the board;
(9) The licensee has knowingly allowed any unlicensed person to take charge of a pharmacy or engage in the practice of pharmacy;
(10) The pharmacist has compounded, dispensed or caused the compounding or dispensing of any drug or device which contains more or less than the equivalent quantity of ingredient or ingredients specified by the person who prescribed such drug or device; provided, however, that nothing herein shall be construed to prevent the pharmacist from exercising professional judgment in the preparation or providing of such drugs or devices;
(11) The licensee has engaged in unprofessional conduct by failing to maintain the standards of practice or by such other conduct as prescribed in regulation;
(12) On or after July 6, 1993, the board of pharmacy shall refuse to grant any pharmacy license to any individual who is a practitioner authorized to prescribe medications or to any partnership, corporation or other entity in which practitioners authorized to prescribe medications maintain a financial interest which, in the aggregate, exceeds ten percent (10%) of the total ownership of the entity or of the subject pharmacy or drug store;
(13) On or after July 1, 1994, good and sufficient cause shall exist for the refusal to renew and/or for the revocation of any pharmacy license if, after hearing, the board of pharmacy determines that:
(i) Practitioners with authority to prescribe medications maintain a financial interest which, in the aggregate, exceeds ten percent (10%) of the total ownership of the subject pharmacy, drug store or licensee; or
(ii) More than forty percent (40%) of the prescription filled by the subject pharmacy or drug store within any three (3) month period beginning on or after July 1, 1994, were issued by practitioners with any ownership interest in the subject pharmacy, drug store, or licensee;
(iii) Any other causes as set forth in regulations.
5-19.1-22. Authorized practices. -- Nothing in this chapter contained shall apply to any practitioner with authority to prescribe who does not keep open shop for the retailing, dispensing of medicines and poisons, nor prevent him or her from administering or supplying to his patients such articles as he or she may deem fit and proper. Nothing in this chapter shall apply to, nor in any manner interfere with the business of a general merchant in selling and distributing non-narcotic, nonprescription medicines or drugs which are prepackaged, fully prepared by the manufacturer for use by the consumer, and labeled in accordance with the requirements of the state and federal food and drug acts.
5-19.1-23. Unlawful practices. -- Any person who shall take or use or exhibit in or upon any place of business, or advertise in a newspaper, telephone directory, or other directory, or by electronic media, or in any other manner, the title of pharmacist, pharmacy intern, druggist, pharmacy, drug store, medicine store, drug department, drugs, drug sundries, or any title or name of like description or import without continuously and regularly employed in his or her shop, store or place of business, during business hours of the pharmacy, a pharmacist duly licensed under this chapter, shall be guilty of a misdemeanor, and each and every day that such prohibited practice continues shall be deemed a separate offense.
5-19.1-24. Emergency prescription refill. -- In the event a pharmacist receives a request for a prescription refill and the pharmacist is unable to readily obtain refill authorization from the prescriber, the pharmacist may dispense a one-time emergency refill of up to a 72-hour supply of the prescribed medication, providing that:
(1) The prescription is not for a drug in schedule II appearing in chapter 22-28;
(2) The medication is essential to the maintenance of life or to the continuation of therapy of a chronic condition;
(3) In the pharmacist's professional judgment, the interruption of therapy might reasonably produce undesirable health consequences or may cause physical or mental discomfort;
(4) The dispensing pharmacist notifies the prescriber of the emergency dispensing within a reasonable time after such dispensing.
5-19.1-25. Immunity. -- (a) The director of health, board members, and their agents and employees shall be immune from suit in any action, civil or criminal, based on any disciplinary proceeding or other official act performed in good faith in the course of their duties under this chapter. There shall be no civil liability on the part of, or cause of action of any nature against, the board, the director, their agents, or their employees or against any organization or its members, peer review board or its members, or other witnesses and parties to board proceedings for any statements made in good faith by them in any reports, communications or testimony concerning an investigation by the board of the conduct or competence of any licensee under this chapter.
5-19.1-26. Refusal, suspension and revocation of licenses - Appeal procedure. -- In any case of the refusal, suspension or revocation of a license by said board, with the approval of the director, under the provisions of this chapter, appeal may be taken in accordance with the administration procedures act, chapter 42-35.
5-19.1-27. Penalty for operating without license. -- Any person who engages in any activity which requires a license or registration under this chapter without obtaining a license as required by this chapter, shall be guilty of a misdemeanor and shall upon conviction be fined not more than five hundred dollars ($500).
5-19.1-28. Severability. -- If any provision of this chapter or of any rule or regulation made thereunder, or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation, and the application of such provision to other persons or circumstances, shall not be affected thereby.
5-19.1-29. Continuity of administration. -- (1) Any proceeding or other business or matter undertaken or commenced, prior to the effective date of this chapter, and pending on the effective date of this chapter, may be conducted and completed by the director of the department of health, board of pharmacy or by a subordinate under his or her direction, in the same manner and under the same terms and conditions with the same effect as though it were undertaken or commenced or completed prior to the effective date of this chapter.
(2) All officers and members of the existing board, their subordinates and employees, whose functions and duties are preserved by this chapter shall continue to perform the same function and duties from the time this chapter takes effect in like manner as though they had been appointed or employed after the passage of this chapter.
(3) All rules and regulations issued, adapted, modified or repealed by the board of pharmacy pursuant to any provisions of this chapter shall remain in effect until subsequent action of the director of health and the board of pharmacy.
5-19.1-30. List of drugs to be posted - Display of current selling price required - Exception. -- (a) The director of the department of health shall compile a list of at least ten (10) prescribed health maintenance drugs and forward it to the board of pharmacy which shall distribute that list to all pharmacies in the state. Each pharmacy shall post, in a clear and legible form, on that list, the current selling price of each prescription drug listed.
(b) Current selling price means the actual price to be paid by a retail purchaser to the pharmacy for any prescription drug listed at the usual strength and amount listed.
(c) Each pharmacy:
(1) Shall conspicuously display the list of the ten (10) prescribed health maintenance prescription drugs at or adjacent to the place in the pharmacy where prescriptions are presented of compounding and dispensing;
(2) Shall, upon request, provide to a consumer who possesses a prescription for any listed prescription drug, the current selling price of that drug; and
(3) May change the current selling price and the posting of that price on the list at any time.
(d) The requirements of this section do not apply to an order to dispense a drug for immediate administration to a hospital patient.
SECTION 3. This act shall take effect January 1, 2002.