Chapter 46 - Board Of Pharmacy Section .0100 - Organization Of The .

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CHAPTER 46 - BOARD OF PHARMACYSECTION .0100 - ORGANIZATION OF THE BOARD21 NCAC 46 .010121 NCAC 46 .010221 NCAC 46 .010321 NCAC 46 .010421 NCAC 46 .010521 NCAC 46 .0106History Note:GENERAL PURPOSE OF THE BOARDELECTION OF THE BOARDMEETINGS OF THE BOARDQUORUMSOFFICE OF THE BOARDFISCAL YEARAuthority G.S. 90-56; 90-57; 90-58;Eff. February 1, 1976;Readopted Eff. September 22, 1977;Amended Eff. August 16, 1981;Repealed Eff. April 1, 1983.SECTION .0200 - GENERAL DEFINITIONS21 NCAC 46 .020121 NCAC 46 .020221 NCAC 46 .020321 NCAC 46 .020421 NCAC 46 .020521 NCAC 46 .020621 NCAC 46 .020721 NCAC 46 .020821 NCAC 46 .020921 NCAC 46 .021021 NCAC 46 .021121 NCAC 46 .021221 NCAC 46 .021321 NCAC 46 .021421 NCAC 46 .021521 NCAC 46 .021621 NCAC 46 .021721 NCAC 46 .021821 NCAC 46 .021921 NCAC 46 .022021 NCAC 46 .022121 NCAC 46 .022221 NCAC 46 .022321 NCAC 46 .022421 NCAC 46 .022521 NCAC 46 .022621 NCAC 46 .0227History Note:SCOPE OF DEFINITIONSBOARD: OFFICERSDRUGSPOISONSNONPOISONOUS DOMESTIC REMEDIESPATENT OR PROPRIETARY PREPARATIONPHARMACY OR DRUGSTOREORIGINAL DRUGSTORE PERMITPERSONPHARMACIST OR DRUGGISTASSISTANT PHARMACISTPHARMACY EXTERNPHARMACY INTERNLICENSED PHARMACIST INTERNDULY ACCREDITED SCHOOL OR COLLEGE OF PHARMACYGRADUATE OF AN ACCREDITED SCHOOL OR COLLEGE OF PHARMACYTWO YEARS COLLEGE TRAININGGROSS IMMORALITYHABITUAL INDULGENCEIMMEDIATE SUPERVISIONTEMPORARY ABSENCEPHARMACEUTICAL SERVICESCOMPOUNDINGDISPENSINGADMINISTERINGHOSPITAL PHARMACYPRESCRIPTIONAuthority G.S. 90-57; 90-61; 90-61.1; 90-65; 90-71; 90-72; 90-73; 90-75;Eff. February 1, 1976;Readopted Eff. September 22, 1977;Repealed Eff. April 1, 1983.

SECTION .0300 - HOSPITALS: OTHER HEALTH FACILITIES21 NCAC 46 .030121 NCAC 46 .030221 NCAC 46 .030321 NCAC 46 .030421 NCAC 46 .030521 NCAC 46 .030621 NCAC 46 .030721 NCAC 46 .030821 NCAC 46 .030921 NCAC 46 .031021 NCAC 46 .031121 NCAC 46 .0312History Note:DEFINITION: OTHER PLACEREGISTRATION AND PERMITSPERSONNEL: EQUIPMENT: AND INSPECTIONPHARMACIST-MANAGERSUPERVISION: SCHEDULE OF ATTENDANCE BY PHARMACISTHEALTH CARE FACILITIES NOT EMPLOYING A PHARMACISTSUPERVISION OF DRUGS IN AREAS OUTSIDE A PHARMACYACCESS TO DRUG STOCKS: RECORDS: EMERGENCY DRUG KITSMEDICATION IN HOSPITAL EMERGENCY DEPARTMENTSPRACTITIONERS OF MEDICINE EXCEPTEDMINIMAL STANDARDS FOR PHARMACY SERVICEFEDERAL AND STATE STATUTES CONTROLAuthority G.S. 90-18.1; 90-57; 90-75;Eff. February 1, 1976;Readopted Eff. September 22, 1977;Repealed Eff. April 1, 1983.SECTION .0400 - EXAMINATIONS: ADMISSION REQUIREMENTS21 NCAC 46 .040121 NCAC 46 .040221 NCAC 46 .040321 NCAC 46 .040421 NCAC 46 .040521 NCAC 46 .040621 NCAC 46 .0407History Note:APPLICATIONAGEEXPERIENCE IN PHARMACYEDUCATIONEXAMINATIONRULES OF EXAMINATION CONDUCTPARTIAL EXAMINATIONAuthority G.S. 90-57; 90-61; 90-61.1;Eff. February 1, 1976;Readopted Eff. September 22, 1977;Amended Eff. January 1, 1982; October 21, 1981; January 15, 1981; May 4, 1980;Repealed Eff. April 1, 1983.SECTION .0500 - LICENSES AND PERMITS21 NCAC 46 .050121 NCAC 46 .050221 NCAC 46 .050321 NCAC 46 .0504History Note:Authority G.S. 90-57; 90-71; 90-75;Eff. February 1, 1976;Readopted Eff. September 22, 1977;Amended Eff. May 4, 1980;Repealed Eff. April 1, 1983.21 NCAC 46 .0505History Note:PHARMACY OR DRUGSTORE PERMITSFAILURE TO COMPLY: PENALTYDRUGSTORES IN TOWNS OF LESS THAN 800 POPULATIONABSENCE FROM PRACTICERECIPROCAL LICENSUREAuthority G.S. 90-57; 90-64;

Eff. February 1, 1976;Readopted Eff. September 22, 1977;Amended Eff. August 16, 1981; January 15, 1981;Repealed Eff. January 1, 1982.21 NCAC 46 .0506History Note:LICENSE BY RECIPROCITYAuthority G.S. 90-57; 90-64;Eff. March 1, 1982;Repealed Eff. April 1, 1983.SECTION .0600 - DRUGS DISPENSED BY NURSE OR PHYSICIAN'S ASSISTANT21 NCAC 46 .060121 NCAC 46 .060221 NCAC 46 .060321 NCAC 46 .060421 NCAC 46 .0605History Note:DISPENSING BY REGISTERED NURSE OR PHYSICIAN'S ASSISTANTDISPENSING SUPERVISED BY LICENSED PHARMACISTDRUGS TO BE DISPENSEDPREPACKAGING OF DRUG PRODUCTS DISPENSEDRECORDS OF DISPENSINGAuthority G.S. 90-18.1; 90-57; 90-75;Eff. February 1, 1976;Readopted Eff. September 22, 1977;Repealed Eff. April 1, 1983.SECTION .0700 - FORMS21 NCAC 46 .070121 NCAC 46 .070221 NCAC 46 .070321 NCAC 46 .070421 NCAC 46 .070521 NCAC 46 .070621 NCAC 46 .070721 NCAC 46 .070821 NCAC 46 .070921 NCAC 46 .071021 NCAC 46 .0711History Note:DEFINITIONAPPLICATION FOR PHARMACIST'S LICENSEAPPLICATION FOR PHARMACY PERMITRENEWAL OF PHARMACIST'S LICENSEREPLACEMENT OF CERTIFICATESRECIPROCITY DATA QUESTIONNAIREAPPLICATION FOR RECIPROCITYREGISTRATION FOR PRACTICAL PHARMACY TRAININGPRACTICAL PHARMACY EXPERIENCECERTIFICATE OF EXPERIENCE OUTSIDE NORTH CAROLINACERTIFICATE OF GRADUATIONAuthority G.S. 90-57; 90-61; 90-64; 90-66; 90-75;Eff. February 1, 1976;Readopted Eff. September 22, 1977;Repealed Eff. April 1, 1983.SECTION .0800 - ADMINISTRATIVE HEARING PROCEDURES21 NCAC 46 .080121 NCAC 46 .080221 NCAC 46 .080321 NCAC 46 .080421 NCAC 46 .080521 NCAC 46 .080621 NCAC 46 .0807RIGHT TO HEARINGREQUEST FOR HEARINGGRANTING OR DENYING HEARING REQUESTSNOTICE OF HEARINGWHO SHALL HEAR CONTESTED CASESPETITION FOR INTERVENTIONTYPES OF INTERVENTION

21 NCAC 46 .0808History Note:DISQUALIFICATION OF HEARING OFFICERSAuthority G.S. 1A-1, Rule 24; 90-57; 90-65; 150A-2(2); 150A-23(a);150A-23(2); 150A-32;Eff. February 1, 1976;Readopted Eff. September 22, 1977Amended Eff. August 16, 1981;Repealed Eff. April 1, 1983.SECTION .0900 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS ANDPROCEDURES21 NCAC 46 .090121 NCAC 46 .090221 NCAC 46 .090321 NCAC 46 .090421 NCAC 46 .0905History Note:FAILURE TO APPEARSIMPLIFICATION OF ISSUESSUBPOENASFINAL DECISIONS IN ADMINISTRATIVE HEARINGSPROPOSALS FOR DECISIONSAuthority G.S. 90-57; 150A-25(a); 150A-33(5); 150A-34(a); 150A-43;150A-72;Eff. February 1, 1976;Readopted Eff. September 22, 1977;Amended Eff. August 16, 1981;Repealed Eff. April 1, 1983.SECTION .1000 - RULEMAKING PROCEDURES21 NCAC 46 .100121 NCAC 46 .100221 NCAC 46 .100321 NCAC 46 .100421 NCAC 46 .100521 NCAC 46 .1006History Note:PETITIONSNOTICEHEARINGSEMERGENCY RULESDECLARATORY RULINGSRULES AND REGULATIONS SEVERABLEAuthority G.S. 90-57; 150A-12; 150A-16; 150A-17;Eff. February 1, 1976;Readopted Eff. September 22, 1977;Amended Eff. August 16, 1981;Repealed Eff. April 1, 1983.SECTION .1100 - ELECTIONS21 NCAC 46 .110121 NCAC 46 .110221 NCAC 46 .110321 NCAC 46 .110421 NCAC 46 .110521 NCAC 46 .110621 NCAC 46 .1107History Note:BOARD OF PHARMACY ELECTIONS: COMPOSITIONS AND DUTIESELIGIBILITY TO VOTEGEOGRAPHIC REPRESENTATIONSCOMMITTEE ON NOMINATIONSNOMINATION BY PETITIONCONSENT TO NOMINATIONBALLOTS: CASTING AND COUNTINGAuthority G.S. 90-55(a),(b);

Eff. January 1, 1982;Repealed Eff. April 1, 1983.SECTION .1200 - ORGANIZATION OF THE BOARD21 NCAC 46 .1201GENERAL PURPOSE OF THE BOARD(a) The purpose of the Board is to regulate the practice of pharmacy in North Carolina in order to safeguard and protect thelife and health of the people of North Carolina, and in order to promote the public welfare.(b) The Board regulates the practice of pharmacy:(1)by determining the qualifications of persons seeking to practice pharmacy and authorizing persons whohave met the statutory requirements to so practice; and(2)by enforcing the provisions of laws governing the practice of pharmacy and places for renderingpharmaceutical services, and those duly enacted rules designed to ensure a high degree of competency inthe practice of pharmacy.History Note:Authority G.S. 90-85.2; 90-85.6;Eff. April 1, 1983;Amended Eff. May 1, 1989;Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.21 NCAC 46 .1202ELECTION OF OFFICERS OF THE BOARDElection of officers of the Board shall be held in May of each year.History Note:Authority G.S. 90-85.6; 90-85.8;Eff. April 1, 1983;Amended Eff. May 1, 1989;Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.21 NCAC 46 .1203MEETINGS OF THE BOARDThe Board shall meet at least twice each year at a place designated by the Board for the purpose of examining candidates for alicense to practice pharmacy in North Carolina and may hold such other examination meetings as it may deem appropriate,and in addition may regularly meet at other times for the purpose of transacting business and holding hearings. Specialmeetings of the Board may be called by the president, the executive director, or two or more members of the Board whendeemed necessary, and notice shall be given to each member of the Board of the time and place of such special meetings andthe business to be transacted at such meetings.History Note:Authority G.S. 90-85.6; 90-85.9;Eff. April 1, 1983;Amended Eff. May 1, 1989;Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.21 NCAC 46 .1204History Note:OFFICE OF THE BOARDAuthority G.S. 90-85.6;Eff. April 1, 1983;Amended Eff. November 1, 2003; July 1, 1996; May 1, 1989;Repealed Eff. October 1, 2010.21 NCAC 46 .1205FISCAL YEARThe fiscal year of the Board shall be from October 1st through September 30th of the following calendar year.History Note:Authority G.S. 90-85.6;Eff. April 1, 1983;Amended Eff. May 1, 1989;Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

21 NCAC 46 .1206FEESThe fees provided for in G.S. 90-85.24 as maximum fees which the Board is entitled to charge and collect are herebyestablished as the fees for each of the items in G.S. 90-85.24.History Note:Authority G.S. 90-85.6; 90-85.24;Eff. November 1, 1983;Amended Eff. May 1, 1989;Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.21 NCAC 46 .1207DEVICE AND MEDICAL EQUIPMENT COMMITTEE(a) The device and medical equipment committee shall consist of the following:(1)a representative of the medical equipment suppliers;(2)a representative of the medical oxygen suppliers;(3)a representative of the rehabilitation technology suppliers; and(4)two Board members.(b) Each of the members of the device and medical equipment committee shall be appointed by the Board. Device andmedical equipment permit holders may provide input in these appointments. The representative must practice in the area forwhich he or she is nominated, but need not practice exclusively in that area. In case of death, resignation, or removal from thecommittee, the Board shall fill the vacancy with a representative who meets the criteria for the position.History Note:Authority G.S. 90-85.6; 90-85.22;Eff. April 1, 2020.SECTION .1300 - GENERAL DEFINITIONS21 NCAC 46 .130121 NCAC 46 .130221 NCAC 46 .130321 NCAC 46 .130421 NCAC 46 .130521 NCAC 46 .130621 NCAC 46 .130721 NCAC 46 .130821 NCAC 46 .130921 NCAC 46 .131021 NCAC 46 .131121 NCAC 46 .131221 NCAC 46 .131321 NCAC 46 .131421 NCAC 46 .131521 NCAC 46 .1316History Note:SCOPE OF DEFINITIONSBOARD: OFFICERSPHARMACY PERMITDRUGGISTPHARMACY INTERNDULY APPROVED SCHOOL OR COLLEGE OF PHARMACYGRADUATE/APPROVED SCHOOL/COLLEGE OF PHARMACYTWO YEARS COLLEGE WORKINDULGENCE IN THE USE OF DRUGSSUPERVISIONINSTITUTIONAL PHARMACYPHARMACIST MANAGERLIMITED SERVICE PHARMACY PERMITAPOTHECARYDRUGSTOREUNDERGRADUATE PROFESSIONAL DEGREE IN PHARMACYAuthority G.S. 90-85.3; 90-85.6; 90-85.8; 90-85.13; 90-85.15; 90-85.15(b);90-85.21; 90-85.38(3); 90-85.40(a);Eff. April 1, 1983;Amended Eff. January 1, 1985; March 1, 1984; April 1, 1983;Repealed Eff. May 1, 1989.21 NCAC 46 .1317DEFINITIONSTerms used in this Chapter and G.S. 90, Article 4A, are defined as follows, unless otherwise defined in G.S. 90, Article 4A:(1)Ambulation assistance equipment. Devices that aid in walking, excluding canes, crutches, and walkers.(2)Approved school or college of pharmacy. A school or college of pharmacy accredited by the AmericanCouncil on Pharmaceutical Education.

(3)(4)(5)(6)(7)(8)(9)(10)(11)(12)(13)Diagnostic equipment. Equipment used to record physiological information while a person goes aboutnormal daily living or while asleep in order to document a disease process. Early pregnancy tests (EPTs),thermometers, glucose meters, and cholesterol equipment are not included as diagnostic equipment.Drug regimen review or drug use review. A review of a patient's record by a licensed pharmacist thatinvolves interpretation and evaluation of the drug therapy and other pharmaceutical care services to achieveintended medication outcomes and minimize negative effects of drug therapy.Employee. A person who is or would be considered an employee under the North Carolina Workers'Compensation Act. This definition applies to locations both within and outside of this State holdingpharmacy or device and medical equipment permits and without regard to the number of persons employedby the permit holder.Graduate of an approved school of college of pharmacy. A person who has received an undergraduateprofessional degree in pharmacy from an approved school or college of pharmacy.Health Care Facility. One of the following organizations whose primary purpose is to provide a physicalenvironment for patients to obtain health care services:(a)a hospital;(b)a long-term care facility;(c)a mental health facility;(d)a drug abuse treatment center;(e)an assisted living facility;(f)an ambulatory surgical center;(g)a penal institution; or(h)a hospice.Health Care Facility Pharmacy. A pharmacy permitted by the Board that provides services to patients of aHealth Care Facility.Internet pharmacy.(a)A pharmacy that maintains an Internet web site for the purpose of selling or distributingprescription drugs; or(b)A pharmacy that uses the Internet, either itself, or through agreement with a third party, tocommunicate with or obtain information from patients; uses such communication or information,in whole or in part, to solicit, fill or refill prescriptions; or otherwise uses such communication orinformation, in whole or in part, to engage in the practice of pharmacy.Notwithstanding Sub-items (a) and (b) above, a pharmacy shall not be deemed an Internet pharmacy if itmaintains each Internet web site for the following purposes only:(i)To post advertisements that do not attempt to facilitate, directly or through agreementwith a third party, an actual transaction involving a prescription drug;(ii)To allow a patient to communicate a request for a refill of a valid prescription originallyfilled by the pharmacy that maintains the Internet web site;(iii)To allow a customer to research drug interactions and clinical pharmacologyinformation; or(iv)To allow a patient to send an electronic mail message to a pharmacist licensed in NorthCarolina.Medication Order. An order for a drug, device, or medical equipment for a patient from a person authorizedby law to prescribe them.Mobility equipment. Devices that aid a person in self-movement other than walking, including manual orpower wheelchairs and scooters.North Carolina resident or resident of North Carolina. Any patient who is a temporary or permanentresident of the State of North Carolina or present in the State of North Carolina at the time a drug, device,or medical equipment is dispensed to that person.Oxygen and respiratory care equipment. Equipment or devices used to administer oxygen or other legenddrugs, maintain viable airways, or monitor cardio-respiratory conditions or events, including the following:(a)compressed medical gases;(b)oxygen concentrators;(c)liquid oxygen;(d)nebulizers;(e)compressors;

(14)(15)(16)(17)(18)History Note:(f)aerosol therapy devices;(g)portable suction machines;(h)nasal continuous positive airway pressure (CPAP) machines;(i)Bi-phasic positive pressure devices (BiPAP);(j)infant monitors, such as apnea monitors and cardio-respiratory monitors;(k)positive and negative pressure mechanical ventilators; and(l)pulse oximeters.Patient medication profile, patient profile, or pharmacy profile. A list of all medications prescribed for ordispensed to a patient.Pharmacist-Manager. The person who accepts responsibility for the operation of a pharmacy inconformance with all statutes and rules pertinent to the practice of pharmacy and distribution of drugs bysigning the permit application, its renewal, or addenda thereto.Pharmacy Intern. Any person who is registered with the Board under the internship program of the Board toacquire pharmacy experience or enrolled in approved academic internship programs. A pharmacy internworking under a pharmacist preceptor or supervising pharmacist may, while under supervision, perform allacts constituting the practice of pharmacy.Rehabilitation environmental control equipment. Equipment or devices that permit a person withdisabilities to control his or her immediate surroundings.Undergraduate professional degree in pharmacy. A Bachelor of Science in Pharmacy or a Doctor ofPharmacy degree.Authority G.S. 90-85.3; 90-85.6; 90-85.13; 90-85.14; 90-85.15; 90-85.21; 90-85.21A; 90-85.22; 9085.26; 90-85.32; 90-85.33; 90-85.34; 90-85.38; 90-85.40;Eff. May 1, 1989;Amended Eff. March 1, 2013; February 1, 2007; March 1, 2004; April 1, 1999; May 1, 1997; September1, 1995; September 1, 1993; October 1, 1990; January 1, 1990;Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017;Amended Eff. November 1, 2021.SECTION .1400 - HOSPITALS: OTHER HEALTH FACILITIES21 NCAC 46 .1401REGISTRATION AND PERMITS(a) Registration Required. All places providing services which embrace the practice of pharmacy shall register with the NorthCarolina Board of Pharmacy as provided in G.S. 90-85.21 and acquire a permit to do so. Application for such registration andpermit shall be on forms provided by the Board. If the Board is satisfied that proper facilities and adequately trained andproperly licensed personnel have been obtained which will assure compliance with all laws regulating the compounding anddistribution of drugs, the practice of pharmacy and the rules of the Board, a permit shall be issued by the Board attesting suchregistration.(b) Exemptions. Nothing in these rules shall be construed to require the registration with the Board of those health carefacilities in which there occurs only the administration of drugs.(c) Separate Registration Required. The dispensing of drugs from separate locations owned by a health care facility, such assatellite pharmacies, outside clinics, health maintenance organizations, or physician's offices owned by the health care facilityshall require separate registration if any one of the following criteria exists:(1)The drugs dispensed at the location are ordinarily and customarily obtained from a source outside of thehealth care facility;(2)The pharmacist-manager is controlled and supervised from a source other than the health care facilitypharmacy; or(3)The routine activity at the location is dispensing drugs to outpatients.(d) Any pharmacy that provides compounding or dispensing services to one or more health care facilities for individualpatient administration bearing any labeled name other than that under which it is registered shall require a separateregistration.(e) Health care facilities which do not have a pharmacy permit shall secure their pharmaceutical services through apharmacist holding a current license from the Board.History Note:Authority G.S. 90-85.6; 90-85.21;

Eff. April 1, 1983;Amended Eff. May 1, 1997; May 1, 1989; March 1, 1984;Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.21 NCAC 46 .140221 NCAC 46 .140321 NCAC 46 .1404History Note:Authority G.S. 90-18.1; 90-18.2; 90-85.6; 90-85.21;Eff. April 1, 1983;Amended Eff. April 1, 1992; May 1, 1989; March 1, 1984;Repealed Eff. May 1, 1997.21 NCAC 46 .1405History Note:INSTITUTIONAL DISCHARGE MEDICATION OPTIONAuthority G.S. 90-85.6; 90-85.32;Eff. March 1, 1984;Amended Eff. May 1, 1989;Repealed Eff. May 1, 1997.21 NCAC 46 .1409History Note:INSTITUTIONAL FORMULARYAuthority G.S. 90-85.2; 90-85.3(r); 90-85.6;Eff. March 1, 1984;Repealed Eff. May 1, 1989.21 NCAC 46 .1408History Note:AUTOMATIC STOP ORDERSAuthority G.S. 90-85.2; 90-85.3(r); 90-85.6;Eff. March 1, 1984;Amended Eff. May 1, 1989;Repealed Eff. May 1, 1997.21 NCAC 46 .1407History Note:STANDARDS FOR PHARMACY SERVICEAuthority G.S. 90-85.2; 90-85.6;Eff. March 1, 1984;Repealed Eff. May 1, 1989.21 NCAC 46 .1406History Note:SUPERVISION OF DRUGS IN AREAS OUTSIDE OF PHARMACYINSTITUTIONAL PHARMACY DRUG INVENTORIES AND EMERGENCY KITSMEDICATION IN INSTITUTIONAL EMERGENCY DEPARTMENTSRESEARCH PARTICIPATIONAuthority G.S. 90-85.3(r); 90-85.6; 90-85.34;Eff. March 1, 1984;Repealed Eff. May 1, 1989.21 NCAC 46 .1410PERSONNEL(a) The health care facility pharmacy must be directed by a legally qualified pharmacist, hereinafter referred to as thepharmacist-manager, who shall be responsible for meeting the requirements set forth by Federal and State law, this Section, 21NCAC 46 .2502, and other applicable Rules of the Board. The pharmacist-manager shall be thoroughly familiar with thespecialized functions of health care facility pharmacy practice. The pharmacist-manager shall be an employee of the healthcare facility or contracted for by the health care facility in which the pharmacy is located.(b) The pharmacist-manager shall be assisted by a sufficient number of pharmacists and supportive personnel to operate suchpharmacy competently, safely, and to meet the needs of the patients of the health care facility.

(c) The pharmacist-manager shall ensure that an adequate number of qualified and trained pharmacists are employed. Thepharmacist- manager shall develop and implement written policies and procedures to specify the duties to be performed bysuch pharmacists.(d) The pharmacist-manager shall ensure that a sufficient number of qualified, trained, and adequately supervised supportivepersonnel are employed to provide technical services, as well as ensuring that all such functions and activities are performedcompetently, safely, and without risk of harm to patients. The relationship between the supervising pharmacist and thesupportive personnel shall be such that the pharmacist is fully aware of and responsible for all activities involved in thepreparation and dispensing of medications prior to release to the patient, including the maintenance of appropriate records.(e) Secretarial and clerical support shall be provided to assist with record keeping, report submission and other administrativeduties.History Note:Authority G.S. 90-85.6; 90-85.21;Eff. May 1, 1997;Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.21 NCAC 46 .1411RESPONSIBILITIES OF THE PHARMACIST-MANAGER(a) The pharmacist-manager shall establish written procedures for the safe and effective distribution of pharmaceuticalproducts. Procedures shall be reviewed annually to assure they reflect current practice in the facility. A copy of suchprocedures shall be available in the pharmacy.(b) The pharmacist-manager is responsible for the safe and effective distribution of, control over and accountability for drugs,including intravenous and irrigation solutions. The pharmacist-manager may delegate responsibilities to other health carefacility staff for ordering, distributing, and accounting for pharmaceutical materials to achieve this purpose. Whenever there isa violation of the rules in this Section, the facility's pharmacy permit is subject to action by the Board. In addition to therequirements of 21 NCAC 46 .2502, the pharmacist-manager is responsible for:(1)the development of policies and procedures for the compounding, admixture, labeling, and dispensing ofparenteral medications in the health care facility, including relevant education and training of all pharmacyand nursing personnel involved in the preparation of parenteral medications;(2)the establishment of specifications or use of compendia specifications for procurement of allpharmaceuticals, including drugs, chemicals, and biologicals used in direct patient care, subject to approvalof the appropriate committee of the health care facility;(3)participation in development and maintenance of a drug formulary when required by the health carefacility;(4)participation in those aspects of pharmaceutical care that affect drug distribution and control;(5)preparing, packaging, compounding and labeling all drugs;(6)assuring that drugs are dispensed only by a pharmacist or other persons allowed by law to dispense and thatsupportive pharmacy personnel are directed and supervised in compliance with all applicable laws andregulations;(7)the development and implementation of policies and procedures to ensure that discontinued drugs; outdateddrugs; drugs recalled; containers with worn, illegible, or missing labels; or products that are otherwiseunusable are returned to the pharmacy for disposition in compliance with all applicable laws andregulations;(8)maintaining records and reports required by law to ensure patient health, safety and welfare;(9)developing and implementing policies and procedures that effectively address the safeguarding andhandling of all drugs and devices, as defined in G.S. 90-85.3(e), throughout the health care facility, or otherlocations where legend drug products are transferred, including medications that originate from a sourceoutside the facility. When discrepancies in controlled substance counts are identified:(A)they shall be reviewed, and a report of this action, including steps taken to prevent recurrence,where possible, shall be provided to the pharmacist-manager within 24 hours of occurrence. Thisreport shall be maintained by the pharmacist-manager; and(B)they shall be reported to the Board and the Drug Enforcement Administration in compliance withall applicable laws and regulations;(10)developing and implementing policies and procedures to ensure that auxiliary medication inventories areinspected in accordance with the pharmacy's policies;(11)all drugs and devices dispensed by the pharmacy as defined in G.S. 90-85.3(e) that are ordered for and usedwithin the health care facility; and

(12)History Note:maintaining policies and procedures regarding drug samples and patient's personal medications.Authority G.S. 90-85.6; 90-85.21; 90-85.32;Eff. May 1, 1997;Amended Eff. March 1, 2013;Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.21 NCAC 46 .1412PHYSICAL REQUIREMENTSA health care facility pharmacy shall have sufficient floor space allocated to it to ensure that drugs are prepared in sanitary,well lighted, and enclosed places. It shall have equipment and physical facilities for proper compounding, dispensing, andstorage of drugs, including parenteral preparations. In addition to the requirements of Section .1600 of this Chapter, theequipment and physical facilities shall include the following:(1)Dispensing areas;(2)Compounding areas that comply with Section .2800 of this Chapter;(3)Receiving and storage areas;(4)Packaging and repackaging areas;(5)Office space sufficient to allow for administrative functions without interference with the safecompounding and dispensing of medications and security of the pharmacy;(6)Storage. All drugs shall be stored in designated areas within the pharmacy or decentralized pharmacysufficient to provide sanitation to prevent contamination, moisture control, and security to prevent accessfrom unauthorized personnel. Controlled substances shall be stored in compliance with applicable Federaland State laws and regulations. Alcohol and flammables shall be stored in areas that shall meet basic localbuilding code requirements for the storage of volatile substances and all other laws, ordinances, orregulations that may apply; and(7)Security. All areas occupied by the health care facility pharmacy, to include auxiliary drug supplies andunit dose carts, shall remain secured at all times.History Note:Authority G.S. 90-85.6; 90-85.21; 90-85.32;Eff. May 1, 1997;Amended Eff. January 1, 2015; March 1, 2013;Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.21 NCAC 46 .1413ABSENCE OF PHARMACIST(a) When a health care facility pharmacy is not open 24 hours a day, seven days a week, arrangements shall be made inadvance by the pharmacist-manager for provision of drugs and pharmaceutical care to the medical staff, other authorizedpersonnel, and patients of the health care facility by use of an "on call" pharmacist accessible to the facility during allabsences, and auxiliary medical inventories as described in Rule .1414(d) of this Section. In addition, one or both of theoptions in Subparagraphs (a)(1) and (2) may be authorized by the pharmacist-manager to assure access to drugs andpharmaceutical care in the absence of a pharmacist:(1)a contractual arrangement with another health care facility, pharmacy, or pharmacist; or(2)a nurse trained and authorized by the pharmacist-manager to remove drugs or devices from the pharmacy inthe absence of a pharmacist. Entry into the pharmacy in the absence of a pharmacist shall occur only if thedrug needed is not in the auxiliary medication inventory. The pharmacist-manager shall maintain a currentlist of authorized persons and document the initial orientation, continuing education, and quality controlprocesses on an ongoing basis. The pharmacist-manager shall maintain a list of restricted medications thatshall not be taken from the pharmacy and may only be removed after contacting the "on call" pharmacist toverify the appropriateness and accuracy of the medication order and medication removed from thepharmacy at the time of removal. For medications not on the restricted list, an "on call" pharmacist must beaccessible for questions by the authorized nurse. Within 24 hours, a pharmacist shall verify the accuracyand appropriateness of the medication order and the medication removed from the pharmacy.(b) A record of drugs or devices removed from auxiliary medication inventories or from pharmacy i

section .0600 - drugs dispensed by nurse or physician's assistant 21 ncac 46 .0601 dispensing by registered nurse or physician's assistant 21 ncac 46 .0602 dispensing supervised by licensed pharmacist 21 ncac 46 .0603 drugs to be dispensed 21 ncac 46 .0604 prepackaging of drug products dispensed 21 ncac 46 .0605 records of dispensing