Eff. January 1, 1982;
Repealed Eff. April 1, 1983.
SECTION .1200 - ORGANIZATION OF THE BOARD
21 NCAC 46 .1201
GENERAL PURPOSE OF THE BOARD
(a) The purpose of the Board is to regulate the practice of pharmacy in North Carolina in order to safeguard and protect the
life and health of the people of North Carolina, and in order to promote the public welfare.
(b) The Board regulates the practice of pharmacy:
(1)
by determining the qualifications of persons seeking to practice pharmacy and authorizing persons who
have met the statutory requirements to so practice; and
(2)
by enforcing the provisions of laws governing the practice of pharmacy and places for rendering
pharmaceutical services, and those duly enacted rules designed to ensure a high degree of competency in
the practice of pharmacy.
History Note:
Authority G.S. 90-85.2; 90-85.6;
Eff. April 1, 1983;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.
21 NCAC 46 .1202
ELECTION OF OFFICERS OF THE BOARD
Election of officers of the Board shall be held in May of each year.
History Note:
Authority G.S. 90-85.6; 90-85.8;
Eff. April 1, 1983;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.
21 NCAC 46 .1203
MEETINGS OF THE BOARD
The Board shall meet at least twice each year at a place designated by the Board for the purpose of examining candidates for a
license to practice pharmacy in North Carolina and may hold such other examination meetings as it may deem appropriate,
and in addition may regularly meet at other times for the purpose of transacting business and holding hearings. Special
meetings of the Board may be called by the president, the executive director, or two or more members of the Board when
deemed necessary, and notice shall be given to each member of the Board of the time and place of such special meetings and
the business to be transacted at such meetings.
History Note:
Authority G.S. 90-85.6; 90-85.9;
Eff. April 1, 1983;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.
21 NCAC 46 .1204
History Note:
OFFICE OF THE BOARD
Authority G.S. 90-85.6;
Eff. April 1, 1983;
Amended Eff. November 1, 2003; July 1, 1996; May 1, 1989;
Repealed Eff. October 1, 2010.
21 NCAC 46 .1205
FISCAL YEAR
The fiscal year of the Board shall be from October 1st through September 30th of the following calendar year.
History Note:
Authority G.S. 90-85.6;
Eff. April 1, 1983;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.
21 NCAC 46 .1206
FEES
The fees provided for in G.S. 90-85.24 as maximum fees which the Board is entitled to charge and collect are hereby
established as the fees for each of the items in G.S. 90-85.24.
History Note:
Authority G.S. 90-85.6; 90-85.24;
Eff. November 1, 1983;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.
21 NCAC 46 .1207
DEVICE AND MEDICAL EQUIPMENT COMMITTEE
(a) The device and medical equipment committee shall consist of the following:
(1)
a representative of the medical equipment suppliers;
(2)
a representative of the medical oxygen suppliers;
(3)
a representative of the rehabilitation technology suppliers; and
(4)
two Board members.
(b) Each of the members of the device and medical equipment committee shall be appointed by the Board. Device and
medical equipment permit holders may provide input in these appointments. The representative must practice in the area for
which he or she is nominated, but need not practice exclusively in that area. In case of death, resignation, or removal from the
committee, the Board shall fill the vacancy with a representative who meets the criteria for the position.
History Note:
Authority G.S. 90-85.6; 90-85.22;
Eff. April 1, 2020.
SECTION .1300 - GENERAL DEFINITIONS
21 NCAC 46 .1301
21 NCAC 46 .1302
21 NCAC 46 .1303
21 NCAC 46 .1304
21 NCAC 46 .1305
21 NCAC 46 .1306
21 NCAC 46 .1307
21 NCAC 46 .1308
21 NCAC 46 .1309
21 NCAC 46 .1310
21 NCAC 46 .1311
21 NCAC 46 .1312
21 NCAC 46 .1313
21 NCAC 46 .1314
21 NCAC 46 .1315
21 NCAC 46 .1316
History Note:
SCOPE OF DEFINITIONS
BOARD: OFFICERS
PHARMACY PERMIT
DRUGGIST
PHARMACY INTERN
DULY APPROVED SCHOOL OR COLLEGE OF PHARMACY
GRADUATE/APPROVED SCHOOL/COLLEGE OF PHARMACY
TWO YEARS COLLEGE WORK
INDULGENCE IN THE USE OF DRUGS
SUPERVISION
INSTITUTIONAL PHARMACY
PHARMACIST MANAGER
LIMITED SERVICE PHARMACY PERMIT
APOTHECARY
DRUGSTORE
UNDERGRADUATE PROFESSIONAL DEGREE IN PHARMACY
Authority G.S. 90-85.3; 90-85.6; 90-85.8; 90-85.13; 90-85.15; 90-85.15(b);
90-85.21; 90-85.38(3); 90-85.40(a);
Eff. April 1, 1983;
Amended Eff. January 1, 1985; March 1, 1984; April 1, 1983;
Repealed Eff. May 1, 1989.
21 NCAC 46 .1317
DEFINITIONS
Terms used in this Chapter and G.S. 90, Article 4A, are defined as follows, unless otherwise defined in G.S. 90, Article 4A:
(1)
"Ambulation assistance equipment" means devices that aid in walking, excluding canes, crutches, and
walkers.
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
"Approved school or college of pharmacy" means a school or college of pharmacy accredited by the
Accreditation Council for Pharmacy Education ("ACPE") through its PharmD Program Accreditation
Standards. It does not include any accreditation, certification, or other designation through the ACPE's
International Services Program.
"Diagnostic equipment" means equipment used to record physiological information while a person goes
about normal daily living or while asleep in order to document a disease process. Early pregnancy tests
(EPTs), thermometers, glucose meters, and cholesterol equipment are not included as diagnostic
equipment.
"Drug regimen review" or "drug use review" means a review of a patient's record by a licensed pharmacist
that involves interpretation and evaluation of the drug therapy and other pharmaceutical care services to
achieve intended medication outcomes and minimize negative effects of drug therapy.
"Employee" means a person who is or would be considered an employee under the North Carolina
Workers' Compensation Act. This definition applies to locations, both within and outside of this State,
holding pharmacy or device and medical equipment permits and without regard to the number of persons
employed by the permit holder.
"Graduate of an approved school or college of pharmacy" means a person who has received an
undergraduate professional degree in pharmacy from an approved school or college of pharmacy.
"Health Care Facility" means one of the following organizations whose primary purpose is to provide a
physical environment for patients to obtain health care services:
(a)
a hospital;
(b)
a long-term care facility;
(c)
a mental health facility;
(d)
a drug abuse treatment center;
(e)
an assisted living facility;
(f)
an ambulatory surgical center;
(g)
a penal institution; or
(h)
a hospice.
"Health Care Facility Pharmacy" means a pharmacy permitted by the Board that provides services to
patients of a Health Care Facility.
"Internet pharmacy" means:
(a)
A pharmacy that maintains an Internet web site for the purpose of selling or distributing
prescription drugs; or
(b)
A pharmacy that uses the Internet, either itself, or through agreement with a third party, to
communicate with or obtain information from patients; uses such communication or information,
in whole or in part, to solicit, fill or refill prescriptions; or otherwise uses such communication or
information, in whole or in part, to engage in the practice of pharmacy.
Notwithstanding Sub-items (a) and (b) above, a pharmacy shall not be deemed an Internet pharmacy if it
maintains each Internet web site for the following purposes only:
(i)
To post advertisements that do not attempt to facilitate, directly or through agreement
with a third party, an actual transaction involving a prescription drug;
(ii)
To allow a patient to communicate a request for a refill of a valid prescription originally
filled by the pharmacy that maintains the Internet web site;
(iii)
To allow a customer to research drug interactions and clinical pharmacology
information; or
(iv)
To allow a patient to send an electronic mail message to a pharmacist licensed in North
Carolina.
"Medication Order" means an order for a drug, device, or medical equipment for a patient from a person
authorized by law to prescribe them.
"Mobility equipment" means devices that aid a person in self-movement other than walking, including
manual or power wheelchairs and scooters.
"North Carolina resident" or "resident of North Carolina" includes not just any patient who is domiciled in
the State of North Carolina, but also any patient who is present in the State of North Carolina at the time a
drug, device, or medical equipment is dispensed to that person.