GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	2 

HOUSE BILL 862
Committee Substitute Favorable 5/25/93

Short Title:  Mail-Order Pharmacy Registr.	(Public)
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Sponsors:
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Referred to:  
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April 12, 1993

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THE REGISTRATION OF OUT-OF-STATE PHARMACIES THAT REGULARLY DISTRIBUTE PRESCRIPTION MEDICINES TO CITIZENS OF THE STATE THROUGH THE MAIL OR OTHER COMMON CARRIERS.
The General Assembly of North Carolina enacts:
Section 1.  Article 4A of Chapter 90 of the General Statutes is amended by adding a new section to read:
"§ 90-85.21.1.  Applicability to out-of-state operations.
(a)	Any pharmacy operating outside the State which ships, mails, or delivers in any manner a dispensed legend drug into this State shall annually register with the Board on a form provided by the Board.
(b)	Any pharmacy subject to this section shall at all times maintain a valid unexpired license, permit, or registration necessary to conduct such pharmacy in compliance with the laws of the state in which such pharmacy is located.  No pharmacy operating outside the State may ship, mail, or deliver in any manner a dispensed legend drug into this State unless such drug is lawfully dispensed by a licensed pharmacist in the state where the pharmacy is located.
(c)	The Board shall be entitled to charge and collect not more than two hundred fifty dollars ($250.00) for original registration of a pharmacy under this section, and for renewal thereof, not more than one hundred twenty-five dollars ($125.00).
(d)	The Board may deny a nonresident pharmacy registration upon a determination that the pharmacy has a record of being formally disciplined in its home state for violations that relate to the compounding or dispensing of legend drugs and present a threat to the public health and safety.
(e)	Any pharmacy subject to this section shall comply with all rules and regulations promulgated by the Board consistent with the purpose of this section and that the Board finds necessary to protect the public health and safety.
(f)	The Board may deny, revoke, or suspend a nonresident pharmacy registration for failure to comply with any requirement of this section."
Sec. 2.  This act becomes effective October 1, 1993.