Current through Register No. 40, October 3, 2024
(a) No pharmacist
shall work more than 8 hours without a rest break of 30 minutes. Breaks shall
be scheduled as close as possible to the same time each day so that patients
may become familiar with the approximate break times.
(b) Whenever the prescription department is
staffed by a single pharmacist, the pharmacist may take a rest break for a
period of 30 minutes without closing the pharmacy and removing support
personnel from the pharmacy, provided that the pharmacist reasonably believes
that the security of the prescription drugs will be maintained in the
pharmacist's absence.
(c) Pharmacy
technicians, NH certified pharmacy technicians and pharmacy interns may remain
in the pharmacy if the pharmacist on duty reasonably believes that the security
of the prescription drugs will be maintained in his or her absence and in
accordance with the following:
(1) Rest breaks
shall be scheduled as close as possible to the same time each day in order for
the patients to become familiar with the approximate times of breaks;
(2) The pharmacist shall remain on the
premises, within the building, during the rest break and be available for
emergencies. Emergencies shall be defined by the pharmacist;
(3) Whenever the pharmacist temporarily
leaves the prescription department for a rest break, a sign indicating that
there is no pharmacist on duty shall be conspicuously displayed in full view of
patients approaching the prescription department service area. The signage
shall also indicate the time when the pharmacist is to return;
(4) Only pharmacy technicians or pharmacy
interns authorized by the pharmacist on duty may remain in the pharmacy while
the pharmacist is on break;
(5)
During such times that the pharmacist is temporarily absent from the pharmacy,
only pharmacy technicians or pharmacy interns duly authorized by the pharmacist
on duty may continue to perform non-discretionary duties as delineated by the
pharmacist. However, all duties performed by the technicians or interns shall
be reviewed by the pharmacist upon his or her return from break;
(6) When a pharmacist is not in the pharmacy,
there shall be no dispensing or sale of new prescriptions that the pharmacist
has checked and are waiting to be picked up nor shall counseling be provided by
the pharmacy technician or pharmacy intern;
(7) New, written prescriptions, presented in
person by the patient or his agent, may be accepted by the pharmacy technician
or pharmacy intern and the processing of that prescription, up to the final
check, may occur during the absence of the pharmacist. However, no new
prescriptions may be dispensed or sold until the final check is completed by
the pharmacist on his or her return;
(8) New prescriptions conveyed by telephone
shall be accepted by a NH certified pharmacy technician or pharmacy intern or
when authorized by the pharmacist or the caller shall be instructed to call
back or a telephone number obtained for the pharmacist to call upon his or her
return;
(9) During the pharmacist's
absence, prescription refills which have been previously prepared and checked
by a pharmacist may be picked up by the patient or his agent. If the patient
has no questions, the sale may proceed as normal with the patient signing a
statement indicating the refusal of counseling by the pharmacist. If the
patient desires counseling, he or she shall be asked to wait for the pharmacist
to return from break or, alternatively, asked to leave a telephone number for
the pharmacist to call later that day; and
(10) Telephone refill orders as well as
refill requests presented, in person, by the patient or his agent, may be
accepted by the pharmacy technician or intern and such refill orders may be
processed by the technician or intern up to the final check. However, no such
refill orders shall be dispensed or sold until the final check is completed by
the pharmacist on his or her return from break.
(d) A pharmacist who takes a rest break in
compliance with this section shall continue to be responsible for the operation
and security of the pharmacy department. Therefore, if in the professional
judgment of the pharmacist, for reasons of security or otherwise, the
pharmacist determines that the pharmacy should close during his or her absence,
then the pharmacist shall close the pharmacy. All pharmacy technicians, NH
certified pharmacy technicians, and pharmacy interns shall
leave the pharmacy during his or her absence. A sign informing the public of
the pharmacist's return shall be conspicuously posted.
(e) Pharmacists shall follow company
protocols in leaving the pharmacy department unattended for any reason, such as
but not limited to counselling patients, giving immunizations, or rest room
breaks.
#1639, eff 11-1-80; ss by #2260, eff 1-5-83; ss by #2914,
eff 11-27-84; ss by #4600, eff 8-1-89; ss by #6094-B, INTERIM, eff 9-21-95,
EXPIRED, 1-19-96
