New Hampshire Code of Administrative Rules
Ph - N.H. Pharmacy Board
Chapter Ph 900 - MAIL-ORDER/NON-RESIDENT PHARMACY
Part Ph 905 - REVOCATION AND DENIAL
Section Ph 905.01 - Effect of Revocation and Denial

Universal Citation: NH Admin Rules Ph 905.01

Current through Register No. 40, October 3, 2024

(a) The board shall refuse to issue a registration or shall revoke a registration whenever the board determines that a mail-order pharmacy, its pharmacist-in-charge, owner(s), or corporate officer(s) has, after notice and opportunity for a hearing, except pursuant to (c) below, committed misconduct such as but not limited to:

(1) Made a materially false representation or withheld material information in connection with obtaining its registration;

(2) Been found guilty of any felony in connection with the practice of pharmacy or distribution of drugs within the past 5 years;

(3) Made false representations in connection with the practice of pharmacy that endanger or are likely to endanger the health or safety of the public, or that defraud any person;

(4) Failed to comply with RSA 318:37, II, the provisions of Ph 900, or both;

(5) Based on an investigation of a complaint resulting from the dispensing of prescription drugs or prescription devices to a resident of New Hampshire been found to be negligent:
a. By the board of pharmacy of the state in which the pharmacy is located; or

b. By the board if the board of pharmacy of the state where the pharmacy is located failed to initiate an investigation of such complaint within 45-days after referral of the complaint from the board; or

(6) Been found guilty of any violation of federal, state, or local drug law or have entered into any agreement to resolve violations of such.

(b) A mail-order pharmacy shall notify the board within 15 days of any initial disciplinary action by a board of pharmacy, or any other state or federal agency, imposing disciplinary action on the pharmacy.

(c) Notwithstanding the provisions of (a) above, if the license, permit or registration in the state where the pharmacy is located, is suspended or revoked, then the pharmacy's registration in New Hampshire shall, after notice and opportunity for hearing, be suspended or revoked for the same period of time.

(d) Notwithstanding the above, the board shall issue a registration or not revoke if:

(1) No harm resulted from the actions of the applicant or registrant;

(2) There was no intent to violate any provisions of RSA 318;

(3) Corrective action has been taken by the registrant;

(4) Remunerations have been made to the affected party(s); and

(5) The board determines the action is unlikely to occur again.

#7474, eff 4-5-01; ss by #9341, eff 12-4-08; ss by #10663, eff 9-3-14

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