PHARMACY LAWS OF NORTH CAROLINA - NCBOP

1 PHARMACY laws OF NORTH CAROLINA . This compilation of some of the PHARMACY laws of NORTH CAROLINA is provided by the Board of PHARMACY for the convenience of its licensees and the public. It is not guaranteed to be a complete collection of all of the relevant laws , nor to be correct or updated. For complete guidance, you must refer to the official NORTH CAROLINA General Statutes and Session laws or consult an attorney. PHARMACY Practice Act, Gen. Stat. to .. 1. Other Selected Provisions of Chapter 90, Medicine and Allied Occupations Practice of Medicine, Gen. Stat. 90-1 to 90-21 (selected provisions) .. 18. Medical Malpractice Actions, Gen. Stat.

2 To (selected provisions) .. 23. Voluntary Health Care Services Act, Gen. Stat. to .. 30. PHARMACY Quality Assurance Protection Act, Gen. Stat. to .. 33. PHARMACY Audit Rights, Gen. Stat. to .. 35. NORTH CAROLINA Controlled Substances Act, Gen. Stat. 90-86 to (selected provisions) .. 37. Needle and hypodermic syringe exchange programs authorized; limited immunity Gen. Stat. Control of Methamphetamine Precursors, Gen. Stat. to .. 62. NORTH CAROLINA Controlled Substances Reporting System Act, Gen. Stat. to .. 65. Right to Try Act, 90-325 to .. 72. Referral Fees and Payment for Certain Solicitations Prohibited, Gen. Stat. 90-400 to 90-402 .. 74. Medical Records, Gen.

3 Stat. 90-410 to 90-412 .. 75. Statewide Health Information Exchange Act, to ..75. Health Care Practitioner Identification, Gen. Stat. 82. Selected Provisions of Chapter 14, Criminal Law Public officers or employees benefitting from public contracts; exceptions, Gen. Stat. 83. Selected Provisions of Chapter 15, Criminal Procedure Execution, Gen. Stat. 15-187 to 15-196 (selected provisions) .. 85. Selected Provisions of Chapter 58, Insurance Definitions, Gen. Stat. 58-1-5 .. 86. False statement to procure or deny benefit of insurance policy or certificate, Gen. Stat. 58-2-161 .. 86. NORTH CAROLINA PHARMACY Law Effective January 2018 i General Regulations for Insurance, Gen.

4 Stat. 58-3-1 to 58-3-290 (selected provisions) .. 87. General Accident and Health Insurance Regulations, Gen. Stat. 58-50-1 to 58-50-290 (selected provisions) ..89. Nature of Policies, Gen. Stat. 58-51-1 to 58-51-130 (selected provisions) .. 91. PHARMACY Benefits Management, Gen. Stat. 58-56A-1 to 58-56A-10 .. 93. Selected Provisions of Chapter 75, Monopolies, Trusts and Consumer Protection Telephone Solicitations, Gen. Stat. 75-100 to 75-105 (selected provisions) .. 95. Chapter 93B, Occupational Licensing Boards, Gen. Stat. 93B-1 to 93B-16 .. 98. Selected Provisions of Chapter 99B, Products Liability .. 105. Selected Provisions of Chapter 106, Agriculture Food, Drugs and Cosmetics, Gen.

5 Stat. 106-120 to 106-145 (selected provisions) .. 108. Wholesale Prescription Drug Distributors, Gen. Stat. to .. 127. Selected Provisions of Chapter 115C, Elementary and Secondary Education Optional Programs, Gen. Stat. 115C-230 to (selected provisions) .. 128. Special Medical Needs of Students, Gen. Stat. to 115C-377 (selected provisions) . 129. Selected Provisions of Chapter 130A, Public Health Definitions, Gen. Stat. 130A-2 ..131. Commission for Public Health Members; selection; quorum; compensation, Gen. Stat. 130A-30 .. 131. Maternal Mortality Review Committee; membership, compensation, Gen. Stat..132. Local Administration, Gen. Stat. 130A-34 to 130A-85 (selected provisions).

6 133. Communicable Diseases, Immunization, Gen. Stat. 130A-152 to 130A-158 (selected provisions) .. 135. Selected Provisions of Chapter 131E, Health Care Facilities and Services Hospital Licensure Act, Gen. Stat. 131E-75 to 131E-99 (selected provisions) .. 137. Health Care Facility Licensure Act, Nursing Home Patients' Bill of Rights, Gen. Stat. 131E-115 to 131E-131 (selected provisions) .. 137. Selected Provisions of Chapter 143B, Executive Organization Act of 1973. Heart Disease and Stroke Prevention Task Force, Gen. Stat.. 142. Selected Provisions of Chapter 153A, Counties Authority of boards of commissions in certain counties over commissions, boards, agencies, etc.

7 Gen. Stat. 153A-77 ..144. NORTH CAROLINA PHARMACY Law Effective January 2018 ii CHAPTER 90. MEDICINE AND ALLIED OCCUPATIONS. Article 4A. NORTH CAROLINA PHARMACY Practice Act. Part 1. NORTH CAROLINA PHARMACY Practice Act. Legislative findings. The General Assembly of NORTH CAROLINA finds that mandatory licensure of all who engage in the practice of PHARMACY is necessary to insure minimum standards of competency and to protect the public from those who might otherwise present a danger to the public health, safety and welfare. Definitions. (a) "Administer" means the direct application of a drug to the body of a patient by injection, inhalation, ingestion or other means.

8 (b) "Board" means the NORTH CAROLINA Board of PHARMACY . (b1) "Clinical pharmacist practitioner" means a licensed pharmacist who meets the guidelines and criteria for such title established by the joint subcommittee of the NORTH CAROLINA Medical Board and the NORTH CAROLINA Board of PHARMACY and is authorized to enter into drug therapy management agreements with physicians in accordance with the provisions of (c) "Compounding" means taking two or more ingredients and combining them into a dosage form of a drug, exclusive of compounding by a drug manufacturer, distributor, or packer. (d) "Deliver" means the actual, constructive or attempted transfer of a drug, a device, or medical equipment from one person to another.

9 (e) "Device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article including any component part or accessory, whose label or labeling bears the statement "Caution: federal law requires dispensing by or on the order of a physician." The term does not include: (1) Devices used in the normal course of treating patients by health care facilities and agencies licensed under Chapter 131E or Article 2 of Chapter 122C of the General Statutes;. (2) Devices used or provided in the treatment of patients by medical doctors, dentists, physical therapists, occupational therapists, speech pathologists, optometrists, chiropractors, podiatrists, and nurses licensed under Chapter 90 of the General Statutes, provided they do not dispense devices used to administer or dispense drugs.

10 (f) "Dispense" means preparing and packaging a prescription drug or device in a container and labeling the container with information required by State and federal law. Filling or refilling drug containers with prescription drugs for subsequent use by a patient is "dispensing". Providing quantities of unit dose prescription drugs for subsequent administration is "dispensing". (g) "Drug" means: (1) Any article recognized as a drug in the United States Pharmacopeia, or in any other drug compendium or any supplement thereto, or an article recognized as a drug by the United States Food and Drug Administration;. (2) Any article, other than food or devices, intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals.