32-2951. Dispensing drugs and devices; conditions; exception; civil penalty; definition

A. Except as provided in subsection C of this section, a person who is licensed pursuant to section 32-2912, subsection A may dispense drugs and devices kept by the licensee, including:

1. Controlled substances.

2. Prescription-only drugs.

3. Homeopathic medications.

4. Nonprescription drugs.

B. A person who is licensed pursuant to section 32-2912, subsection A may dispense drugs and devices under subsection A of this section if:

1. The licensee includes the following information on the label of each controlled substance and prescription-only drug and on the label or accompanying instruction sheets of each homeopathic medication or nonprescription drug:

(a) The licensee's name, address and telephone number.

(b) The date the drug is dispensed.

(c) The patient's name.

(d) The name and strength of the drug, the quantity dispensed, directions for its use and any cautionary statements.

(e) The number of authorized refills.

2. The licensee enters into the patient's medical record the name, strength and potency of the drug dispensed, the date the drug is dispensed, the dosing schedule, the number of refills and the therapeutic reason.

3. The licensee keeps all controlled substances in a locked cabinet or room, controls access to the cabinet or room by a written procedure and maintains an ongoing inventory of its contents.

4. The licensee pays a permit fee prescribed under section 32-2914.

C. A person who is licensed pursuant to section 32-2912, subsection A may not dispense a schedule II controlled substance that is an opioid, except for an opioid that is for medication-assisted treatment for substance use disorders.

D. Except in an emergency situation, a licensee who dispenses drugs for a profit without being registered by the board to do so is subject to a civil penalty by the board of not less than three hundred dollars and not more than one thousand dollars for each transaction and is prohibited from further dispensing for a period of time as prescribed by the board.

E. Before a licensee dispenses a controlled substance or a prescription-only pharmaceutical drug pursuant to subsection B of this section, the licensee shall give the patient a written prescription on which appears the following statement in bold type: " This prescription may be filled by the prescribing physician or by a pharmacy of your choice."

F. The licensee shall include the following information on a prescription order:

1. The date it is issued.

2. The patient's name and address.

3. The name, strength and quantity of the drug.

4. Two signature lines for the licensee. The right side of the prescription form under the signature line shall contain the phrase " substitution permissible" and the left side under the signature line shall contain the phrase " dispense as written" .

5. The dispensing licensee's United States drug enforcement agency number for controlled substances.

6. The date and the printed name and signature of the person who prepares, counts or measures the drug, labels the container or distributes a prepackaged drug to the patient or the patient's representative.

G. Before the licensee dispenses a homeopathic medication, including a prescription-only homeopathic medication or a nonprescription drug, the licensee shall give the patient a written statement on which appears the following statement in bold type: " Prescriptions may be filled by this prescribing physician or by a pharmacy of your choice."

H. A person who is licensed pursuant to section 32-2912, subsection A shall dispense controlled substances, except schedule II controlled substances that are opioids, and prescription-only drugs for profit only to the licensee's own patient and only for conditions being treated by that licensee. The licensee shall personally determine the legitimacy or advisability of the drugs dispensed and shall document in writing the licensee's procedures for supervising the role of nurses and attendants in the dispensing process.

I. A person who is licensed pursuant to section 32-2912, subsection B may dispense only those drugs and devices kept by that licensee that are homeopathic medications and nonprescription drugs, including nutritional supplements, and must include the following information on the label or accompanying instruction sheets of each homeopathic medication or nonprescription drug:

1. The dispensing licensee's name, address and telephone number.

2. The date the substance is dispensed.

3. The patient's name.

4. The name and strength of the substance, the quantity dispensed, directions for its use and any cautionary statements.

J. A licensee who dispenses drugs and devices pursuant to subsection I of this section must enter into the patient's medical record the name, strength and potency of the substance dispensed, the date the substance is dispensed, the dosing schedule and the therapeutic reason.

K. A person who is licensed pursuant to section 32-2912, subsection B may not dispense controlled substances or prescription-only substances.

L. This section shall be enforced by the board, which shall establish rules regarding labeling, recordkeeping, storage and packaging of drugs that are consistent with the requirements of chapter 18 of this title. The board may conduct periodic inspections of dispensing practices to ensure compliance with this section and applicable rules.

M. For the purposes of this section, " dispense" means the delivery by a licensee of a drug or device to a patient, except for samples packaged for individual use by licensed manufacturers or repackagers of drugs, and includes the prescribing, administering, packaging, labeling and security necessary to prepare and safeguard the drug or device for delivery.