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Searching 2021-2022 Session

The Vermont Statutes Online


Title 26: Professions and Occupations

Chapter 036: PHARMACY

  • Subchapter 001: GENERAL PROVISIONS
  • § 2021. Statement of purpose

    It is the purpose of this chapter to promote, preserve, and protect the public health, safety, and welfare by and through the effective control and regulation of the practice of pharmacy and of the registration of drug outlets engaged in the manufacture, production, sale, and distribution of drugs, medications, and other such materials as may be used in the diagnosis and treatment of injury, illness, and disease. (Added 1977, No. 266 (Adj. Sess.), § 1; amended 2011, No. 66, § 6, eff. June 1, 2011.)

  • § 2022. Definitions

    As used in this chapter:

    (1) "Blood" means whole blood collected from a single donor and processed either for transfusion or further manufacturing.

    (2) "Blood component" means that part of blood separated by physical or mechanical means.

    (3) "Board of Pharmacy" or "Board" means the Vermont State Board of Pharmacy.

    (4) "Disciplinary action" or "disciplinary cases" includes any action taken by the Board against a licensee or others premised upon a finding of unprofessional conduct by the licensee. It includes all sanctions of any kind, including obtaining injunctions, issuing warnings, and other similar sanctions.

    (5) "Dispense" or "dispensing" means the preparation and delivery of a prescription drug pursuant to a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug.

    (6) "Drug" means:

    (A) articles recognized as drugs in the official U.S. Pharmacopoeia, official national formulary, official homeopathic pharmacopoeia, other drug compendium, or any supplement to any of them;

    (B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans;

    (C) articles (other than food) intended to affect the structure or any function of the body of humans; and

    (D) articles intended for use as a component of any articles specified in subdivision (A), (B), or (C) of this subdivision (6).

    (7) "Drug outlet" means all pharmacies, wholesalers, manufacturers, and other entities that are engaged in the manufacture, dispensing, delivery, or distribution of prescription drugs.

    (8) "Drug sample" means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug.

    (9) "Financial interest" means being:

    (A) a licensed practitioner of pharmacy;

    (B) a person who deals in goods and services that are uniquely related to the practice of pharmacy;

    (C) a person who has invested anything of value in a business that provides pharmacy services; or

    (D) a person who is a parent, child, brother, sister, grandparent, or spouse of any person otherwise having a "financial interest" under this subsection.

    (10) "Manufacturer" means a person, regardless of form, engaged in the manufacturing of drugs or devices.

    (11)(A) "Manufacturing" means the production, preparation, propagation, conversion, or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis.

    (B) "Manufacturing" includes the packaging or repackaging of a drug or device; the labeling or relabeling of the container of a drug or device for resale by a pharmacy, practitioner, or other person; and virtual manufacturing by an entity that sells its own prescription drug or device without physically possessing the product.

    (12) "Nonprescription drugs" means nonnarcotic medicines or drugs that may be sold without a prescription and that are prepackaged for use by the consumer and labeled in accordance with the requirements of the statutes and regulations of this State and the federal government.

    (13) "Pharmacist" means an individual licensed under this chapter.

    (14) "Pharmacy technician" means an individual who performs tasks relative to dispensing only while assisting and under the supervision and control of a licensed pharmacist.

    (15)(A) "Practice of pharmacy" means:

    (i) interpreting and evaluating prescription orders;

    (ii) compounding, dispensing, and labeling drugs and legend devices (except labeling by a manufacturer, packer, or distributor of nonprescription drugs and commercially packaged legend drugs and legend devices);

    (iii) participating in drug selection and drug utilization reviews;

    (iv) properly and safely storing drugs and legend devices, and maintaining proper records therefor;

    (v) advising, where necessary or where regulated, of therapeutic values, content, hazards, and use of drugs and legend devices;

    (vi) providing patient care services within the pharmacist's authorized scope of practice;

    (vii) the practice of clinical pharmacy; and

    (viii) performing or offering to perform those acts, services, operations, or transactions necessary in the conduct, operation, management, and control of pharmacy.

    (B) "Practice of clinical pharmacy" or "clinical pharmacy" means:

    (i) the health science discipline in which, in conjunction with the patient's other practitioners, a pharmacist provides patient care to optimize medication therapy and to promote disease prevention and the patient's health and wellness;

    (ii) providing patient care services within the pharmacist's authorized scope of practice, including medication therapy management, comprehensive medication review, and postdiagnostic disease state management services;

    (iii) practicing pharmacy pursuant to a collaborative practice agreement; or

    (iv) prescribing as provided under section 2023 of this subchapter.

    (C) The Board shall not adopt any rule requiring that pharmacists or pharmacies be involved in the sale and distribution of nonprescription drugs; provided, however, that nothing in this subdivision (C) shall limit the authority of the Board to adopt rules applicable to the elective sale or distribution of nonprescription drugs by pharmacists or pharmacies.

    (16) "Practitioner" means an individual authorized by the laws of the United States or its jurisdictions or Canada to prescribe and administer prescription drugs in the course of his or her professional practice and permitted by that authorization to dispense, conduct research with respect to, or administer drugs in the course of his or her professional practice or research in his or her respective state or province.

    (17) "Prescription drug" means any human drug required by federal law or regulation to be dispensed only by a prescription, including finished dosage forms and active ingredients subject to Section 503(b) of the Federal Food, Drug and Cosmetic Act.

    (18) "Wholesale distribution" means distribution of prescription drugs to persons other than a consumer or patient, but does not include:

    (A) Intracompany sales, meaning any transaction or transfer between any division, subsidiary, parent, or affiliated or related company under common ownership and control of a corporate entity.

    (B) The purchase or other acquisition by a hospital or other health care entity that is a member of a group purchasing organization of a drug for its own use from the group purchasing organization or from other hospitals or health care entities that are members of such organizations.

    (C) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by a charitable organization described in Section 501(c)(3) of the U.S. Internal Revenue Code of 1986, as amended, to a nonprofit affiliate of the organization to the extent otherwise permitted by law.

    (D) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug among hospitals or other health care entities that are under common control. For purposes of this subdivision, "common control" means the power to direct or cause the direction of the management and policies of a person or an organization, whether by ownership of stock, voting rights, by contract or otherwise.

    (E) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug for "emergency medical reasons." For purposes of this subdivision, "emergency medical reasons" include transfers of prescription drugs by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage.

    (F) The sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or the dispensing of a drug pursuant to a prescription.

    (G) The distribution of drug samples by manufacturers' representatives or distributors' representatives.

    (H) The sale, purchase, or trade of blood or blood components intended for transfusion.

    (19)(A) "Wholesale distributor" means any person who is engaged in wholesale distribution of prescription drugs, including virtual distribution by an entity that sells a prescription drug or device without physically possessing the product.

    (B) "Wholesale distributor" does not include any for-hire carrier or person hired solely to transport prescription drugs.

    (20) "Collaborative practice agreement" means a written agreement between a pharmacist and a health care facility or prescribing practitioner that permits the pharmacist to engage in the practice of clinical pharmacy for the benefit of the facility's or practitioner's patients.

    (21) "Self-administered hormonal contraceptive" means a contraceptive medication or device approved by the U.S. Food and Drug Administration that prevents pregnancy by using hormones to regulate or prevent ovulation and that uses an oral, transdermal, or vaginal route of administration. (Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), §§ 1, 2, 18; 1991, No. 240 (Adj. Sess.), § 1; 2003, No. 60, § 7; 2007, No. 163 (Adj. Sess.), § 12; 2009, No. 103 (Adj. Sess.), § 18; 2013, No. 27, § 22; 2015, No. 38, § 23, eff. May 28, 2015; 2015, No. 173 (Adj. Sess.), § 5, eff. June 8, 2016; 2017, No. 144 (Adj. Sess.), § 20; 2019, No. 30, § 14; 2019, No. 178 (Adj. Sess.), § 11, eff. Oct. 1, 2020.)

  • § 2023. Clinical pharmacy; prescribing

    (a) In accordance with applicable rules adopted by the Board, a pharmacist may engage in the practice of clinical pharmacy, including prescribing as set forth in subsection (b) of this section, provided that a pharmacist shall not:

    (1) prescribe a regulated drug as defined in 18 V.S.A. § 4201;

    (2) prescribe a biological product as defined in 18 V.S.A. § 4601, other than an insulin medication, an influenza vaccine or vaccine to mitigate a significant public health risk, or, pursuant to a collaborative practice agreement, another vaccine; or

    (3) initiate antibiotic therapy, except pursuant to a collaborative practice agreement.

    (b) A pharmacist may prescribe in the following contexts:

    (1) Collaborative practice agreement. A pharmacist may prescribe, for the patient or patients of a prescribing practitioner licensed pursuant to this title, within the scope of a written collaborative practice agreement with that primary prescriber.

    (A) The collaborative practice agreement shall require the pharmacist and collaborating practitioner to contemporaneously notify each other of any change in the patient's pharmacotherapy or known medical status.

    (B) Under a collaborative practice agreement, a pharmacist may select or modify antibiotic therapy for a diagnosed condition under the direction of the collaborating practitioner.

    (2) State protocol.

    (A) A pharmacist may prescribe, order, or administer in a manner consistent with valid State protocols that are approved by the Commissioner of Health after consultation with the Director of Professional Regulation and the Board and the ability for public comment:

    (i) opioid antagonists;

    (ii) epinephrine auto-injectors;

    (iii) tobacco cessation products;

    (iv) tuberculin purified protein derivative products;

    (v) self-administered hormonal contraceptives;

    (vi) dietary fluoride supplements;

    (vii) influenza vaccines;

    (viii) in the event of a significant public health risk, an appropriate vaccine to mitigate the effects on public health after finding that existing channels for vaccine administration are insufficient to meet the public health need;

    (ix) emergency prescribing of albuterol or glucagon while contemporaneously contacting emergency services; and

    [ Subdiv. (b)(2)(A)(x) repealed effective March 31, 2022.]

    (x) tests for SARS-CoV for asymptomatic individuals or related serology for individuals by entities holding a Certificate of Waiver pursuant to the Clinical Laboratory Amendments of 1988 (42 U.S.C. § 263a).

    (B)(i) State protocols shall be valid if signed by the Commissioner of Health and the Director of Professional Regulation, and the Board of Pharmacy shall feature the active protocol conspicuously on its website.

    (ii) The Commissioner of Health may invalidate a protocol if the Commissioner finds that the protocol's continued operation would pose an undue risk to the public health, safety, or welfare and signs a declaration to that effect. Upon such a declaration, the Director shall remove the invalidated protocol from the Board website and shall cause electronic notice of the protocol's discontinuation to be transmitted to all Vermont drug outlets.

    (3) Accessory devices. A pharmacist may prescribe accessory-type devices, such as spacers, needles, and diabetic testing supplies, where clinically indicated in the judgment of the pharmacist.

    (4) Prescriber-authorized substitution. A prescribing practitioner licensed pursuant to this title may authorize a pharmacist to substitute a drug with another drug in the same therapeutic class that would, in the opinion of the pharmacist, have substantially equivalent therapeutic effect even though the substitute drug is not a therapeutic equivalent drug, provided:

    (A) the prescriber has clearly indicated that drug product substitution is permissible by indicating "therapeutic substitution allowed" or similar designation;

    (B) the drug product substitution is intended to ensure formulary compliance with the patient's health insurance plan or otherwise to minimize cost to the patient;

    (C) the patient's voluntary, informed consent is obtained in writing; and

    (D) the pharmacist or designee notifies the prescriber which drug was dispensed as a substitute within five days of dispensing.

    (5) Over-the-counter availability. A pharmacist may prescribe over-the-counter drugs where appropriate to reduce costs to the patient, such as by drawing from a health savings account or flexible spending account.

    (6) Short-term extensions.

    (A) A pharmacist may extend a previous prescription in the absence of a collaborative practice agreement or a State protocol so long as the pharmacist provides only sufficient quantity to the patient until the patient is able to consult with another practitioner, not to exceed a five-day supply or the smallest available unit, and takes all reasonable measures to notify the patient's primary care provider of record or the appropriate original prescriber, if the original prescriber is different from the primary care provider of record.

    (B) A short-term extension shall be provided on a one-time basis.

    (c) Board rules shall:

    (1) specify the required elements of a collaborative practice agreement;

    (2) prohibit conflicts of interest and inappropriate commercial incentives related to prescribing, such as reimbursement based on brands or numbers of prescriptions filled, renewing prescriptions without request by a patient, steering patients to particular brands or selections of products based on any commercial relationships, or acceptance of gifts offered or provided by manufactures in violation of 18 V.S.A. § 4631a;

    (3) define appropriate bounds of short-term extension prescribing; and

    (4) establish minimum standards for patient privacy in clinical consultation. (Added 2015, No. 173 (Adj. Sess.), § 6, eff. June 8, 2016; 2019, No. 178 (Adj. Sess.), § 11, eff. Oct. 1, 2020; 2019, No. 178 (Adj. Sess.), § 12a, eff. March 31, 2022; 2021, No. 20, § 262.)

  • Subchapter 002: BOARD OF PHARMACY
  • § 2031. Creation; appointment; terms; organization

    (a)(1) There is hereby created the Board of Pharmacy to enforce the provisions of this chapter.

    (2) The Board shall consist of eight members, five of whom shall be pharmacists licensed under this chapter with five years of experience in the practice of pharmacy in this State. One member shall be a pharmacy technician registered under this chapter. Two members shall be members of the public having no financial interest in the practice of pharmacy.

    (b) Members of the Board shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004. (Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 3; 1997, No. 145 (Adj. Sess.), § 31; 2005, No. 27, § 49; 2017, No. 144 (Adj. Sess.), § 20; 2019, No. 30, § 14.)

  • § 2032. Powers; duties; limitations

    (a) The Board shall adopt rules necessary for the performance of its duties, including:

    (1) scope of the practice of pharmacy;

    (2) qualifications for obtaining licensure;

    (3) explanations of appeal and other rights given to licensees, applicants, and the public;

    (4) rules regulating pharmacy technicians; and

    (5) provisions for the inspection of any regulated entity or commercial location where legend drugs are manufactured or kept.

    (b) The Board of Pharmacy shall supervise the practice of pharmacy in this State, including the following:

    (1) the determination and issuance of standards for recognition and approval of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this State, and the specification and enforcement of requirements for practical training;

    (2) the enforcement of those provisions of this chapter relating to the conduct or competence of pharmacists practicing in this State, and the suspension, revocation, or restriction of licenses to engage in the practice of pharmacy; and

    (3) an internship program that shall have the following elements:

    (A) a curriculum governing the internship that requires an intern to spend at least 50 percent of the internship on compounding, dispensing, or inventorying prescription drugs under the direct supervision of a licensed pharmacist, and maintaining required records;

    (B) the establishment of a referral function administered by the Office of Professional Regulation whereby the Board collects information on available internships and disseminates this information to prospective interns; and

    (C) allowance of up to 1,240 hours of the program to be "concurrent time" or internship time served under the supervision of, concurrent with, or part of an educational course requirement leading to a pharmacy degree, as defined by Board rule, or by equivalent service in any branch of the U.S. Armed Forces, as defined by Board rule.

    (c) The Board of Pharmacy shall also have the following responsibilities in regard to medications, drugs, legend devices, and other materials used in this State in the diagnosis, mitigation, and treatment or prevention of injury, illness, and disease:

    (1) the regulation of the sale, compounding, administration, and dispensing of medications, drugs, legend devices, and other materials, including the right to seize any such drugs, legend devices, and other materials found to be detrimental to the public health and welfare by the Board pursuant to an appropriate hearing as required under the Administrative Procedure Act;

    (2) the specifications of minimum professional and technical equipment, environment, supplies, and procedures for the compounding or dispensing of such medications, drugs, legend devices, and other materials within the practice of pharmacy;

    (3) the control of the purity and quality of such medications, drugs, legend devices, and other materials within the practice of pharmacy; and

    (4) the issuance of certificates of registration and licenses of drug outlets.

    (d) The Board:

    (1) shall make examinations available at least twice each year and pass upon the qualifications of applicants for licensing; and

    (2) may enact rules for continuing education requirements and approve continuing education programs.

    (e) With the approval of the Board, the Director of the Office of Professional Regulation may employ or contract with persons as may be necessary to carry out the duties of the Board.

    (f) The Board or its authorized representatives shall also have power to investigate and gather evidence concerning alleged violations of the provisions of this chapter or of the rules and regulations of the Board. The Board may take testimony under oath and may compel the attendance of witnesses and the production of tangible evidence by serving a subpoena.

    (g) The Board may by rule adopt standards for creating, licensing, and operating remote pharmacies and automatic dispensing units in Vermont.

    (h) It shall be lawful for a drug outlet licensed under this chapter to sell and distribute nonprescription drugs. Drug outlets engaging in the sale and distribution of such items shall not be deemed to be improperly engaged in the practice of pharmacy. A rule or regulation shall not be adopted by the Board under this chapter that shall require the sale of nonprescription drugs by a licensed pharmacist or under the supervision of a licensed pharmacist or otherwise apply to or interfere with the sale and distribution of such medicines. (Added 1977, No. 266 (Adj. Sess.), § 1; amended 1979, No. 158 (Adj. Sess.), § 4, eff. April 28, 1980; 1981, No. 244 (Adj. Sess.), § 4; 1983, No. 230 (Adj. Sess.), § 8; 1989, No. 250 (Adj. Sess.), § 4(d); 1997, No. 40, § 24; 2001, No. 127 (Adj. Sess.), § 2b, eff. June 13, 2002; 2003, No. 60, § 8; 2005, No. 148 (Adj. Sess.), § 17; 2007, No. 163 (Adj. Sess.), § 13; 2009, No. 4, § 104a, eff. April 29, 2009; 2009, No. 35, § 33; 2011, No. 66, § 6, eff. June 1, 2011; 2013, No. 27, § 23; 2019, No. 30, § 14.)

  • Subchapter 003: LICENSING
  • § 2041. Unlawful practice

    (a) It shall be unlawful for any person to engage in the practice of pharmacy unless licensed to so practice under the provisions of this chapter; provided, however, physicians, dentists, veterinarians, osteopaths, or other practitioners of the healing arts who are licensed under the laws of this State may dispense and administer prescription drugs to their patients in the practice of their respective professions where specifically authorized to do so by statute of this State.

    (b) Any person, including a business entity, violating this section shall be subject to the penalties provided in 3 V.S.A. § 127. (Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 5; 2007, No. 29, § 31; 2017, No. 48, § 12; 2017, No. 144 (Adj. Sess.), § 20.)

  • § 2042. Qualifications for licensure

    (a) To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall:

    (1) have attained the age of majority;

    (2) have graduated and received the professional undergraduate degree from a school or college of pharmacy that has been approved by the Board of Pharmacy, or, for foreign-trained applicants, have successfully passed an examination demonstrating that their education was equivalent to the education at a Board-approved school or college;

    (3) if required by subdivision 2032(b)(3) of this title, have completed any internship program established by the Board or demonstrated experience in the practice of pharmacy that meets or exceeds any internship requirement established under this chapter;

    (4) have successfully passed an examination required by the Board of Pharmacy;

    (5) paid the fees specified by this chapter.

    (b) The Board may license by endorsement an applicant who is licensed under the laws of another state whose requirements the Board deems to be substantially equal to those of this State.

    (c) Licensing standards promulgated by the Board and its procedures shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure an applicant's qualifications to practice pharmacy. They shall not be designed or implemented for the purpose of limiting the number of licensees.

    (d) If a licensee has a principal place of business, the license shall be prominently displayed at that place. (Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 6; 1989, No. 250 (Adj. Sess.), § 52; 2009, No. 35, § 33a.)

  • § 2042a. Pharmacy technicians; qualifications for registration

    No person shall perform the duties of a pharmacy technician unless registered with the Board. To obtain a registration as a pharmacy technician, an applicant shall:

    (1) not have engaged in acts that affect the ability of the applicant to practice as a pharmacy technician;

    (2) if required by rules adopted by the Board, be certified or eligible for certification by a national pharmacy technician certification authority; and

    (3) have paid the fee specified in section 2046 of this chapter. (Added 2003, No. 60, § 9; amended 2013, No. 138 (Adj. Sess.), § 12.)

  • § 2042b. Repealed. 2019, No. 30, § 14.

  • § 2043. Repealed. 1981, No. 244 (Adj. Sess.), § 17.

  • §§ 2044, 2045. Repealed. 2017, No. 144 (Adj. Sess.), § 20.

  • § 2046. Fees

    Applicants and persons regulated under this chapter shall pay the following fees:

    (1) Initial application:

    (A) Pharmacists                                                          $ 110.00   

    (B) Retail drug outlets                                                $ 300.00    

    (C) Institutional drug outlets                                      $ 400.00    

    (D) Manufacturing drug outlet                                  $ 400.00    

    (E) Wholesale drug outlet                                           $ 700.00    

    (F) Investigative and research projects                       $ 300.00    

    (G) Pharmacy technicians                                           $   50.00    

    (H) Outsourcing drug outlet                                       $ 700.00   

    (I) Nuclear drug outlet                                                $ 700.00    

    (J) Compounding drug outlet                                      $ 700.00    

    (K) Home infusion drug outlet                                   $ 700.00    

    (L) Third-party logistics                                             $ 700.00    

    (M) Pharmacy interns                                                 $   20.00    

         (2) Biennial renewal:

    (A) Pharmacists                                                          $ 125.00   

    (B) Retail drug outlets                                                $ 400.00    

    (C) Institutional drug outlets                                      $ 500.00    

    (D) Manufacturing drug outlet                                  $ 500.00    

    (E) Wholesale drug outlet                                           $ 500.00    

    (F) Investigative and research projects                       $ 300.00    

    (G) Pharmacy technicians                                           $   60.00

    (H) Outsourcing drug outlet                                       $ 500.00    

    (I) Nuclear drug outlet                                                $ 500.00    

    (J) Compounding drug outlet                                      $ 500.00    

    (K) Home infusion drug outlet                                   $ 500.00   

    (L) Third-party logistics                                             $ 500.00    

    (M) Pharmacy interns                                                 $   45.00    

         (3) Pharmacy reinspection                                                 $ 100.00    

     (Added 1981, No. 244 (Adj. Sess.), § 9; amended 1989, No. 250 (Adj. Sess.), § 53; 1991, No. 167 (Adj. Sess.), § 36; 1995, No. 47, § 24; 2003, No. 60, § 11; 2005, No. 27, § 51; 2007, No. 76, § 6; 2019, No. 70, § 18.)

  • Subchapter 004: DISCIPLINE
  • §§ 2051, 2052. Repealed. 2017, No. 144 (Adj. Sess.), § 20.

  • § 2053. Unprofessional conduct; discipline

    (a) It shall be unprofessional conduct for a licensee to:

    (1) introduce or enforce policies and procedures related to the provision of pharmacy services in a manner that results in deviation from safe practice;

    (2) unreasonably prevent or restrict a patient's timely access to patient records or essential pharmacy services;

    (3) fail to identify and resolve conditions that interfere with a pharmacist's ability to practice with competency and safety or create an environment that jeopardizes patient care, including by failing to provide mandated rest periods; and

    (4) repeatedly, habitually, or knowingly fail to provide resources appropriate for a pharmacist of reasonable diligence to safely complete professional duties and responsibilities, including:

    (A) drug utilization review;

    (B) immunization;

    (C) counseling;

    (D) verification of the accuracy of a prescription; and

    (E) all other duties and responsibilities of a pharmacist under State and federal laws and regulations.

    (b) Drug outlets under common ownership and control constitute a chain. Discipline against any one drug outlet in a chain may be imposed against all drug outlets in a chain, provided the State alleges in a specification of charges and the Board subsequently finds:

    (1) unprofessional conduct has occurred at one or more drug outlets;

    (2) the unprofessional conduct is attributable to pharmacy or pharmacy business-related policies, procedures, systems, or practices of the chain whether or not those practices manifested in unprofessional conduct at each individual location; and

    (3) imposition of disciplinary sanctions or conditions against all drug outlets in the chain is appropriate to protect the public. (Added 2021, No. 69, § 5.)

  • Subchapter 005: DRUG OUTLETS
  • § 2061. Registration and licensure

    (a) All drug outlets shall biennially register with the Board of Pharmacy.

    (b) Each drug outlet shall apply for a license in one or more of the following classifications:

    (1) Retail.

    (2) Institutional.

    (3) Manufacturer.

    (4) Wholesale distributor.

    (5) Investigative and research projects.

    (6) Compounding.

    (7) Outsourcing.

    (8) Home infusion.

    (9) Nuclear.

    (10) Third-party logistics provider.

    (c) No individual who is employed by a corporation that is licensed under any classification listed in subsection (b) of this section need obtain a license under the provisions of this subchapter.

    (d) The Board shall establish by rule under the powers granted to it under section 2032 of this title and 3 V.S.A. chapter 25, the criteria that each drug outlet that has employees or personnel engaged in the practice of pharmacy must meet to qualify for licensure in each classification designated in subsection (b) of this section. The Board may issue various types of licenses with varying restrictions to such outlets referred to in this subsection where the Board deems it necessary by reason of the type drug outlet requesting a license.

    (e) Retail and institutional drug outlets shall be managed by licensed pharmacists who have held an unrestricted license in this or another state for at least one year. A pharmacist who holds a restricted license may petition the Board for permission to be a pharmacist manager, which may be granted by the Board for good cause shown.

    (f) Any nonpublic corporation owning a retail or institutional drug outlet, upon application, shall declare all owners of five percent or more of the stock of the corporation.

    (g) Any nonpharmacist owner of a retail or institutional drug outlet may be denied the right to own another pharmacy for a period to be determined by the Board, if he or she is found to be in violation of any of the grounds listed under 3 V.S.A. § 129a.

    (h) Each individual licensee and each business licensed under this chapter shall provide to the Office of Professional Regulation a working, readily accessible e-mail address permitting communication with the Office. (Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 12; 1991, No. 240 (Adj. Sess.), § 3; 2005, No. 27, § 52; 2017, No. 48, § 13; 2017, No. 144 (Adj. Sess.), § 20; 2019, No. 30, § 14; 2019, No. 178 (Adj. Sess.), § 11, eff. Oct. 1, 2020.)

  • § 2062. Application

    (a) The Board shall specify by rule the procedures to be followed for licensure.

    (b) Applications for licenses shall include the following information about the proposed drug outlet:

    (1) ownership;

    (2) location;

    (3) identity of pharmacist licensed to practice in the State, who shall be the pharmacist in charge of the drug outlet, in a retail or institutional drug outlet and such further information as the Board may deem necessary.

    (c) Licenses issued by the Board pursuant to this chapter shall not be transferable or assignable.

    (d) The Board shall specify by rule minimum standards for the professional responsibility in the conduct of any drug outlet that has employees or personnel engaged in the practice of pharmacy. The Board is specifically authorized to require that the portion of the facility to which such license applies be operated only under the direct supervision of no less than one pharmacist licensed to practice in this State and not otherwise, and to provide such other special requirements as deemed necessary. (Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 13.)

  • § 2063. Notifications

    (a) All licensed drug outlets shall report to the Board of Pharmacy within 48 hours the occurrence of any of the following changes:

    (1) permanent closing;

    (2) change of ownership, management, location, or pharmacist manager; or

    (3) any and all other matters and occurrences as the Board may properly require by rule.

    (b) Disasters, thefts, accidents, and emergencies that may affect the strength, purity, or labeling of drugs, medications, legend devices, or other materials used in the diagnosis or the treatment of injury, illness, and disease shall be immediately reported to the Board. (Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 14; 2009, No. 35, § 35; 2013, No. 27, § 25; 2019, No. 178 (Adj. Sess.), § 11, eff. Oct. 1, 2020.)

  • § 2064. Violations and penalties

    (a) A drug outlet designated in section 2061 of this subchapter shall not be operated until a license has been issued to that outlet by the Board.

    (b) Unauthorized operation of a drug outlet may be penalized as provided in 3 V.S.A. § 127 and shall constitute unprofessional conduct by the licensees involved. (Added 1977, No. 266 (Adj. Sess.), § 1; amended 1981, No. 244 (Adj. Sess.), § 15; 2017, No. 144 (Adj. Sess.), § 20.)

  • § 2067. Wholesale distributors and manufacturers; licensure required

    (a) A person who is not licensed under this subchapter shall not engage in wholesale distribution or manufacturing in this State.

    (b) [Repealed.]

    (c) The Board may require a separate license for each facility directly or indirectly owned or operated by the same business entity, or for a parent entity with divisions, subsidiaries, or affiliate companies when operations are conducted at more than one location and there exists joint ownership and control among all the entities.

    (d) An agent or employee of any licensed wholesale distributor or manufacturer shall not be required to obtain a license under this subchapter and may lawfully possess pharmaceutical drugs when that agent or employee is acting in the usual course of business or employment. (Added 1991, No. 240 (Adj. Sess.), § 2; amended 2013, No. 27, § 26; 2017, No. 144 (Adj. Sess.), § 20; 2019, No. 30, § 14.)

  • § 2067. Wholesale Distributors and Manufacturers

  • § 2068. Requirements; applicants; licenses

    An applicant shall satisfy the Board that it has, and licensees shall maintain, the following:

    (1) Acceptable storage and handling conditions plus facilities standards.

    (2) Minimum liability and other insurance as may be required under any applicable federal or State law.

    (3) A security system that includes after hours, central alarm or comparable entry detection capability, restricted premises access, adequate outside perimeter lighting, comprehensive employment applicant screening, and safeguards against employee theft.

    (4) An electronic, manual, or any other reasonable system of records, describing activities governed by this subchapter for the two-year period following disposition of each product, which shall be reasonably accessible, as defined by the Board by rule, during any inspection authorized by the Board.

    (5) Officers, directors, managers, and other persons in charge of wholesale drug distribution, manufacture, storage, and handling, who shall at all times demonstrate and maintain their capability to conduct business according to sound financial practices as well as State and federal law.

    (6) Complete, updated information about the applicant or licensee, which shall be provided to the Board. The information shall include all pertinent ownership and other key personnel and facilities information deemed necessary, by the Board, for enforcement of this subchapter. Any changes in such information shall be submitted at the time of license renewal or within 12 months from the date of such change, whichever occurs first.

    (7) Written policies and procedures that assure reasonable wholesale distributor preparation for, protection against, and handling of any facility security or operation problems, including those caused by natural disaster or government emergency, inventory inaccuracies or product shipping and receiving, outdated product or other unauthorized product control, appropriate disposition of returned goods, and product recalls.

    (8) Sufficient inspection procedures for all incoming and outgoing product shipments.

    (9) Operations in compliance with all federal requirements.

    (10)(A) Compliance with standards and procedures that the Board shall adopt by rule concerning provisions for initial and periodic on-site inspections, criminal and financial background checks, ongoing monitoring, reciprocity for out-of-state entities inspected by a third party organization recognized by the Board or inspected and licensed by a State licensing authority with legal standards for licensure that are comparable to the standards adopted by the Board pursuant to this subdivision (10), protection of proprietary information, and any other requirements consistent with the purposes of this subdivision (10).

    (B) The Board rules may recognize third party accreditation in satisfaction of some or all of the requirements of this subdivision (10). (Added 1991, No. 240 (Adj. Sess.), § 2; amended 2005, No. 139 (Adj. Sess.), § 4; 2019, No. 30, § 14.)

  • § 2069. Denials based on public interest

    The Board shall grant licensure to an applicant who satisfies the requirements of section 2061 of this title unless the Board determines that licensure would not be in the public interest. To determine whether licensure would not be in the public interest, the Board shall consider, at a minimum, the following factors:

    (1) Any conviction of the applicant under any federal, state, or local laws relating to drug samples, wholesale or retail drug distribution, or distribution of controlled substances.

    (2) Any felony convictions of the applicant under federal, state, or local laws.

    (3) The applicant's past experience in the manufacture or distribution of prescription drugs, including controlled substances.

    (4) The furnishing by the applicant of false or fraudulent material in any application made in connection with drug manufacturing or distribution.

    (5) Suspension or revocation by federal, state, or local government of any license currently or previously held by the applicant for the manufacture or distribution of any drug, including controlled substances.

    (6) Compliance with licensing requirements under previously granted licenses, if any.

    (7) Compliance with requirements to maintain or make available to the Board or to federal, state, or local law enforcement officials records required to be maintained or made available under this subchapter.

    (8) Any other factors or qualifications the Board considers relevant to and consistent with the public health and safety. (Added 1991, No. 240 (Adj. Sess.), § 2; 2009, No. 35, § 36.)

  • § 2070. Repealed. 2013, No. 27, § 27.

  • § 2071. Application of federal guidelines

    (a) The requirements set forth in sections 2068 and 2069 of this chapter shall conform to wholesale distributor licensing guidelines formally adopted by the U.S. Food and Drug Administration (FDA).

    (b) In case of conflict between any wholesale distributor licensing requirement imposed by the Board under this chapter and any FDA wholesale distributor licensing guideline, the latter shall control. (Added 1991, No. 240 (Adj. Sess.), § 2; amended 2017, No. 144 (Adj. Sess.), § 20.)

  • § 2072. Repealed. 2017, No. 144 (Adj. Sess.), § 20.

  • § 2073. Rules

    (a) The Board may adopt rules necessary to carry out the purposes of the provisions of this subchapter.

    (b) All rules adopted under this subchapter shall conform to wholesale distributor licensing guidelines formally adopted by the FDA at 21 C.F.R. Part 205. (Added 1991, No. 240 (Adj. Sess.), § 2; amended 2017, No. 144 (Adj. Sess.), § 20.)

  • §§ 2074, 2075. Repealed. 2017, No. 144 (Adj. Sess.), § 20.

  • § 2076. Inspection powers; access to wholesale distributor and manufacturer records

    (a) A person authorized by the Board may enter, during normal business hours, all open premises purporting or appearing to be used by a wholesale distributor or manufacturer for purposes of inspection.

    (b)(1) Wholesale distributors and manufacturers may keep records regarding purchase and sales transactions at a central location apart from the principal office of the wholesale distributor or the location at which the drugs were stored and from which they were shipped, provided that such records shall be made available for inspection within two working days of a request by the Board.

    (2) Records may be kept in any form permissible under federal law applicable to prescription drugs record keeping.

    (c) If the Board determines it is necessary to inspect a certain premises under the same ownership more than once in any two-year period, the Board may charge a reinspection fee of not more than $500.00. (Added 1991, No. 240 (Adj. Sess.), § 2; amended 2005, No. 27, § 53; 2017, No. 144 (Adj. Sess.), § 20; 2019, No. 30, § 14; 2019, No. 70, § 19.)

  • §§ 2077-2079. Repealed. 2015, No. 38, § 24, eff. May 28, 2015.

  • § 2080. Naloxone hydrochloride; dispensing or furnishing

    (a) The Board of Pharmacy shall adopt protocols for licensed pharmacists to dispense or otherwise furnish naloxone hydrochloride to patients who do not hold an individual prescription for naloxone hydrochloride. Such protocols shall be consistent with rules adopted by the Commissioner of Health.

    (b) Notwithstanding any provision of law to the contrary, a licensed pharmacist may dispense naloxone hydrochloride to any person as long as the pharmacist complies with the protocols adopted pursuant to subsection (a) of this section. (Added 2013, No. 195 (Adj. Sess.), § 15.)