§ 90-85.21A. Applicability to out-of-state operations.
§ 90‑85.21A. Applicability to out‑of‑stateoperations.
(a) Any pharmacy operating outside the State which ships, mails,or delivers in any manner a dispensed legend drug into this State shallannually register with the Board on a form provided by the Board. In order tosatisfy the registration requirements of this subsection, a pharmacy shallcertify that the pharmacy employs a pharmacist who is responsible fordispensing, shipping, mailing, or delivering dispensed legend drugs into thisState or in a state approved by the Board and has met requirements forlicensure equivalent to the requirements for licensure in this State. In orderfor the pharmacy's certification of the pharmacists to be valid, a pharmacistshall agree in writing, on a form approved by the Board, to be subject to thejurisdiction of the Board, the provisions of this Article, and the rulesadopted by the Board. If the Board revokes this certification, the pharmacyshall no longer have authority to dispense, ship, mail, or deliver in any mannera dispensed legend drug into this State.
(b) Any pharmacy subject to this section shall at all timesmaintain a valid unexpired license, permit, or registration necessary toconduct such pharmacy in compliance with the laws of the state in which suchpharmacy is located. No pharmacy operating outside the State may ship, mail, ordeliver in any manner a dispensed legend drug into this State unless such drugis lawfully dispensed by a licensed pharmacist in the state where the pharmacyis located.
(c) The Board shall be entitled to charge and collect not morethan five hundred dollars ($500.00) for original registration of a pharmacyunder this section, and for renewal thereof, not more than two hundred dollars($200.00), and for reinstatement thereof, not more than two hundred dollars($200.00).
(d) The Board may deny a nonresident pharmacy registration upona determination that the pharmacy has a record of being formally disciplined inits home state for violations that relate to the compounding or dispensing oflegend drugs and presents a threat to the public health and safety.
(e) Except as otherwise provided in this subsection, the Boardmay adopt rules to protect the public health and safety that are necessary toimplement this section. Notwithstanding G.S. 90‑85.6, the Board shall notadopt rules pertaining to the shipment, mailing, or other manner of delivery ofdispensed legend drugs by pharmacies required to register under this sectionthat are more restrictive than federal statutes or regulations governing thedelivery of prescription medications by mail or common carrier. A pharmacyrequired to register under this section shall comply with rules adoptedpursuant to this section.
(f) The Board may deny, revoke, or suspend a nonresidentpharmacy registration for failure to comply with any requirement of thissection. (1993, c. 455, s. 1; 1998‑212,s. 12.3B(b); 2004‑199, s. 25; 2005‑402, s. 3.)