GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 1476*

Short Title:  Amend Pharmacy Practice Act.	(Public)

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Sponsors: Representatives Crawford, Nye, Gardner, Bowie; Hill, Hurley, and Watson.

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Referred to:  Insurance.

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May 25, 1998

A BILL TO BE ENTITLED
AN ACT TO AMEND THE PHARMACY PRACTICE ACT, AS RECOMMENDED BY THE JOINT LEGISLATIVE HEALTH CARE OVERSIGHT COMMISSION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 90-85.6 reads as rewritten:
"§ 90-85.6.  Board of Pharmacy; creation; membership; qualification of members.
(a)	Creation. – The responsibility for enforcing the provisions of this Article and the laws pertaining to the distribution and use of drugs is vested in the Board. The Board shall adopt reasonable rules for the performance of its duties. The Board shall have all of the duties, powers and authorities specifically granted by and necessary for the enforcement of this Article, as well as any other duties, powers and authorities that may be granted from time to time by other appropriate statutes. The Board may establish a program for the purpose of aiding in the recovery and rehabilitation of pharmacists who have become addicted to controlled substances or alcohol, and the Board may use money collected as fees to fund such a program.
(b)	Membership. – The Board shall consist of six members, one of whom shall be a representative of the public, and the remainder of whom shall be pharmacists.
(c)	Qualifications. – The public member of the Board shall not be a health care provider or the spouse of a health care provider. He shall not be enrolled in a program to prepare him to be a health care provider.  All members of the Board shall be residents of the State at the time of their appointment and while serving as Board members.  Of the five pharmacist members, two shall practice in a chain community pharmacy setting, two others shall practice in an independent community pharmacy setting, and one other shall practice in a health care facility setting."
Section 2.  G.S. 90-85.7(a) reads as rewritten:
"§ 90-85.7.  Board of Pharmacy; selection; vacancies; commission; term; per diem; removal.
(a)	The Board of Pharmacy shall consist of six persons.  Five of the members shall be licensed as pharmacists within this State and shall be elected and commissioned by the Governor as hereinafter provided.  Pharmacist members shall be chosen in an election held as hereinafter provided in which every person licensed to practice pharmacy in North Carolina and residing in North Carolina shall be entitled to vote. Pharmacist members of the Board shall be nominated and selected without regard to geographic location.  Each pharmacist member of said Board shall be elected for a term of five years and until his successor shall be elected and shall qualify.  Members chosen by election under this section shall be elected upon the expiration of the respective terms of the members of the present Board of Pharmacy.  No pharmacist shall be nominated for membership on said Board, or shall be elected to membership on said Board, unless, at the time of such nomination, and at the time of such election, he is licensed to practice pharmacy in North Carolina.  In case of death, resignation or removal from the State of any pharmacist member of said Board, the pharmacists members of the Board shall elect in his place a pharmacist who meets the criteria set forth in subsection (c) of G.S. 90-85.6 and in this section to fill the unexpired term.
One member of the Board shall be a person who is not a pharmacist and who represents the interest of the public at large.  The Governor shall appoint this member.
All Board members serving on October 1, 1998, shall be eligible to complete their respective terms. At the time of expiration of the first term ending after October 1, 1998, a health care facility pharmacist member shall be elected.  The two vacancies occurring in 1999 shall be filled by a community chain pharmacist member and a community independent pharmacist member.  For all term expirations thereafter, each vacancy shall be filled with a licensed pharmacist practicing in the site which creates a Board with the composition required by subsection (c)	of G.S. 90-85.6. No member appointed or elected to a term on or after July 1, 1989, shall serve more than two complete consecutive five-year terms.  The Governor may remove any member appointed by him for good cause shown and may appoint persons to fill unexpired terms of members appointed by him.
It shall be the duty of a member of the Board of Pharmacy, within 10 days after receipt of notification of his appointment and commission, to appear before the clerk of the superior court of the county in which he resides and take and subscribe an oath to properly and faithfully discharge the duties of his office according to law."
Section 3.  Article 4 of Chapter 90 is amended by adding a new section to read:
"§ 90-85.15A.  Pharmacy technician.
A pharmacy technician is a person designated and supervised by the pharmacist to assist in the nondiscretionary functions involved in dispensing a prescription.  A pharmacy technician must be registered with the Board of Pharmacy.  Administrative support personnel and cashiers are not technicians."
Section 4.  G.S. 90-85.21(a) reads as rewritten:
"(a)	In accordance with Board regulations, each pharmacy in North Carolina shall annually register with the Board on a form provided by the Board. The application shall identify the pharmacist-manager of the pharmacy and all pharmacist personnel and pharmacy technicians employed in the pharmacy. All pharmacist-managers shall notify the Board of any change in pharmacist personnel within 30 days of such change."
Section 5.  G.S. 90-85.22 is amended by adding a new subsection to read:
"( c)	Any place of business located outside the State that ships, mails, or delivers in any manner, devices or medical equipment to the user of the equipment in this State shall comply with the provisions of this section and G.S. 90-85.24, and rules adopted by the Board governing these locations, unless compliance would result in violation of the laws or regulations of the state where the place of business is located."
Section 6.  G.S. 90-85.25 reads as rewritten:
"§ 90-85.25.  Disasters and emergencies.
(a)	In the event of an occurrence which the Governor of the State of North Carolina has declared as a disaster or when the Governor has declared a state of emergency, the Board may waive the requirements of this Article in order to facilitate the delivery of drugs and devices to the public.
(b)	The pharmacist in charge of a pharmacy shall report within 10 days to the Board any disaster, accident, theft, or emergency which may affect the strength, purity, or labeling of drugs and devices in the pharmacy."
Section 7.  G.S. 90-85.38(a) reads as rewritten:
"(a)	The Board may, in accordance with Chapter 150B of the General Statutes, issue a letter of reprimand or suspend, restrict, revoke, or refuse to grant or renew a license to practice pharmacy, or require licensees to successfully complete remedial education if the licensee, whether currently residing in this State or not, has:
(1)	Made false representations or withheld material information in connection with securing a license or permit;
(2)	Been found guilty of or plead guilty or nolo contendere to any felony in connection with the practice of pharmacy or the distribution of drugs;
(3)	Indulged in the use of drugs to an extent that renders him unfit to practice pharmacy;
(4)	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;
(5)	A physical or mental disability that renders him unfit to practice pharmacy with reasonable skill, competence and safety to the public;
(6)	Failed to comply with the laws governing the practice of pharmacy and the distribution of drugs;
(7)	Failed to comply with the rules and regulations of the Board;
(8)	Engaged in, or aided and abetted an individual to engage in, the practice of pharmacy without a license; or
(9)	Was negligent in the practice of pharmacy."
Section 8.  G.S. 106-134.1 is amended by adding a new subsection to read:
"( f)	A prescription transmitted electronically from a prescriber to a pharmacy without the legal signature of the prescriber may be dispensed only pursuant to rules adopted jointly by the Board of Pharmacy and the Medical Board."
Section 9.  This act becomes effective October 1, 1998.