§13731. Unlawful practice; penalties; injunctions

1.  Applicability.  It is unlawful for any person to engage in the practice of pharmacy unless licensed to practice under this Act, except that:

A. Physicians, dentists, veterinarians 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 law;   [PL 2013, c. 373, §1 (NEW).]

B. A licensed retail pharmacy that is located in Canada, the United Kingdom of Great Britain and Northern Ireland, the Commonwealth of Australia or New Zealand that meets its country's statutory and regulatory requirements may export prescription drugs by mail or carrier to a resident of this State for that resident’s personal use. A licensed retail pharmacy described in this paragraph is exempt from licensure under this Act; and   [PL 2013, c. 373, §1 (NEW).]

C. An entity that contracts to provide or facilitate the exportation of prescription drugs from a licensed retail pharmacy described in paragraph B may provide or facilitate the provision of prescription drugs from that pharmacy by mail or carrier to a resident of this State for that resident's personal use. An entity that provides or facilitates the provision of prescription drugs pursuant to this paragraph is exempt from licensure under this Act.   [PL 2013, c. 373, §1 (NEW).]

[PL 2013, c. 373, §1 (AMD).]

2.  Authorization to deal with dangerous substances.  Practitioners, drug jobbers, drug wholesalers, drug manufacturers, pharmacists and pharmacies licensed under this chapter and approved animal shelters as provided in Title 7, section 3913, are authorized to deal professionally with dangerous substances. A dangerous substance is:

A. Any substance listed under the Federal Uniform Controlled Substance Act, sections 1 through 5; or   [PL 1987, c. 710, §5 (NEW).]

B. Anything deemed to be dangerous by the Federal Drug Administration, other federal agency, or the Attorney General of the United States.   [PL 1987, c. 710, §5 (NEW).]

[PL 2007, c. 402, Pt. DD, §12 (AMD).]

3.  Violation.  Any person who violates this chapter commits a Class E crime and, notwithstanding Title 17-A, sections 1704 and 1705, may be punished by a fine of not more than $1,000. Each violation of each section of this chapter constitutes a separate offense.

[PL 2019, c. 113, Pt. C, §84 (AMD).]

4.  Violation; suspension; penalty.  For any violation of this chapter, in addition to other disciplinary action which may be taken by the board, the board may suspend the violator's license for up to 90 days or impose a civil penalty of up to $500, or both, for each violation of each section of this chapter. The jurisdiction to suspend a license for up to 90 days shall be concurrent with that of the District Court.

[PL 1987, c. 710, §5 (NEW); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

5.  Action to enjoin.  The State may bring an action to enjoin any licensee or person from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted.

[PL 1987, c. 710, §5 (NEW); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

6.  Fees; fines; forfeitures.

[PL 1995, c. 397, §112 (RP).]

SECTION HISTORY

PL 1987, c. 710, §5 (NEW). PL 1995, c. 397, §112 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2007, c. 402, Pt. DD, §12 (AMD). PL 2013, c. 373, §1 (AMD). PL 2019, c. 113, Pt. C, §84 (AMD).