Chapter 371

2004 -- S 2160 SUBSTITUTE A

Enacted 07/03/04

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- PHARMACIES

Introduced By: Senators Badeau, Perry, Ruggerio, Walaska, and Ciccone

Date Introduced: January 27, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-19.1-11 of the General Laws in Chapter 5-19.1 entitled

"Pharmacies" is hereby amended to read as follows:

5-19.1-11. Nonresident pharmacy -- Fees -- Display -- Declaration of ownership and

location. – (a) Except as provided in subsection (b) of this section, Any 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.

(b) Any pharmacy located in a province of Canada which maintains a valid, unexpired

license, permit or registration to operate the pharmacy in compliance with the laws of said

province shall be licensed in this state upon payment of a license fee as determined by the

director in subsection (a) above, and annually thereafter, on or before the date determined by the

director in subsection (a) above. The license shall entitle the owner to operate the pharmacy at

the location specified by the owner in its license application. Each such owner shall at the time

of filing provide proof of payment of such fee, and 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. Nothing in this

subsection shall prevent the board of pharmacy from exercising its authority regarding a

pharmacy licensed under this subsection when the board has evidence of misconduct committed

by such pharmacy concerning its practices in the state.

(c) It shall be the duty of the owner to immediately notify the department of any proposed

change of location or ownership.

(d) 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.

     SECTION 2. On or before January 15, 2005, the Department of Health shall promulgate

rules, pursuant to chapter 42-53 of the general laws, establishing standards to protect the health

and safety of the public and governing the operation and licensing of Canadian pharmacies

pursuant to section 5-19.1-11 of the general laws as amended by this act.

     SECTION 3. Section 1 of the act shall take effect on January 15, 2005, and shall be

repealed in its entirety on December 31, 2007. Section 2 of this act shall take effect upon passage.

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LC01051/SUB A

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