In this chapter: I. ""Administer'' means an act whereby a single dose of a drug is instilled into the body of, applied to the body of, or otherwise given to a person or animal for immediate consumption or use. I-a. ""Advanced practice registered nurse'' means a person licensed to practice as an advanced practice registered nurse in this state pursuant to RSA 326-B:18. II. ""At retail'' means the dispensing of drugs or medicines pursuant to the order of a physician, dentist, veterinarian, or advanced practice registered nurse, whether or not such drugs or medicines are dispensed for a valuable consideration. III. ""Board'', when not otherwise limited, means the New Hampshire pharmacy board. III-a. ""Compounding'' means the preparation, mixing, assembling, packaging or labeling of a drug or device as a result of a practitioner's prescription drug order or initiative based on the pharmacist-patient-prescriber relationship in the course of professional practice or, for the purpose of, or as an incident, to research, teaching, or chemical analysis, but not selling or dispensing. ""Compounding'' also includes the preparation of drugs or devices in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns. The compound drug product shall bear the label of the pharmacy responsible for compounding and dispensing the product directly to the patient for administration, and the prescription shall be filed at that pharmacy. IV. ""Dentist'' means a practitioner of dentistry duly registered under the laws of this or some other state. V. ""Dispense'' means to distribute, leave with, give away, dispose of, deliver, or sell one or more doses of a drug that will be administered or taken at a later date, time, or location and shall include the transfer of more than a single dose of a medication from one container to another and the labeling or otherwise identifying a container holding more than a single dose of a drug. V-a. ""Distributor'' means a person or persons who supply or facilitate the supply of prescription drugs to persons other than consumers. VI. ""Drugs'', when not otherwise limited, means all substances used as medicines or in the practice of medicine. VI-a. ""Fee splitting'' means any discount, rebate, dividend, shared income, or economic benefit from the sale of prescription medicine by a pharmacist or pharmacy with an individual licensed to prescribe medicine or such individual's spouse or dependent children. VI-b. ""Emergency medical care provider'' means a person licensed to provide emergency medical care under RSA 151-B. VI-c. ""Foreign pharmacy graduate'' is a pharmacist whose undergraduate pharmacy degree was conferred outside the United States by a pharmacy school listed in the World Directory of Schools of Pharmacy published by the World Health Organization. VI-d. ""FPGEC'' means the Foreign Pharmacy Graduate Equivalency Committee administered by the National Association of Boards of Pharmacy. VI-e. ""FPGEE'' means the Foreign Pharmacy Graduate Equivalency Examination administered by the National Association of Boards of Pharmacy and recognized and approved by the board. VII. ""Licensed pharmacist'' or ""pharmacist'', when not otherwise limited, means a person holding a license under RSA 318:18 and who is, therefore, legally authorized to practice the profession of pharmacy in this state. VII-a. ""Limited retail drug distributor'' means a distributor of legend devices or medical gases delivered directly to the consumer pursuant to a practitioner's prescription order, or federally funded clinics operated under contract with the department of health and human services and drug abuse treatment centers, where legend and controlled drugs are held, stored, or dispensed to patients pursuant to the order of an authorized practitioner. VII-b. ""Mail-order pharmacy'' means a pharmacy that is located in a state of the United States, other than this state, whose primary business is to dispense a prescription drug or device under a prescription drug order and to deliver the drug or device to a patient, including a patient in this state, by the United States mail, a common carrier, or a delivery service. Mail-order pharmacies include, but are not limited to, pharmacies that do business via the Internet or other electronic media. VIII. ""Manufacturing'' means the production, preparation, propagation, conversion or processing of a drug or device, either directly or indirectly, by large volume extraction from substances of natural origin, or independently by means of chemical or biological synthesis, and includes any packaging or repackaging of a substance or labeling or relabeling of its container, and the promotion and marketing of such drugs and devices. ""Manufacturing'' also includes the preparation and promotion of commercially available products from bulk compounds for resale by pharmacists to anyone other than a patient via a prescription, practitioners, or other persons. IX. ""Medicine'', when not otherwise limited, means a drug or preparation of drugs in suitable form for use as a curative or remedial substance. IX-a. ""Nurse'' means a person licensed to perform registered nursing as defined in RSA 326-B. X. ""Pharmacist-in-charge'' means the pharmacist who shall be responsible for the practice of pharmacy in and by a pharmacy, including, but not limited to, compliance with all local, state, and federal pharmacy and drug laws, and who shall be responsible for the operation of the pharmacy in the best interests of the public. XI. ""Pharmacy'', when not otherwise limited, means the place registered by the board where the profession of pharmacy is practiced and where drugs, chemicals, medicines, prescriptions, or poisons are compounded, dispensed, stored, or retailed. XI-a. ""Pharmacy technician'' means a person, other than a pharmacist, either registered or certified by the board for the purpose of assisting a pharmacist in the practice of pharmacy. XII. ""Physician'' means a practitioner of medicine duly licensed under the laws of this or some other state. XII-a. ""Physician assistant'' means a person licensed as a physician assistant under RSA 328-D. XII-b. ""Podiatrist'' means a person authorized by law to practice podiatry in this state pursuant to RSA 315. XIII. ""Poisons'', when not otherwise limited, means any drug, chemical medicine or preparation liable to be destructive to adult human life in quantities of 60 grains or less. XIV. ""Practice of pharmacy'' means the professional acts performed by a pharmacist and shall include the interpretation and evaluation of prescription orders; the administration, compounding, dispensing, labeling and distribution of drugs and devices; the participation in drug selection and drug-related device selection; drug evaluation; utilization or regimen review; the monitoring of drug therapy and use; medication therapy management in accordance with collaborative pharmacy practice agreements; the proper and safe storage and distribution of drugs and devices, and the proper maintenance of proper records; the responsibility of advising, when necessary or when regulated, of therapeutic values, hazards, and use of drugs and devices; and the offering or performing of these acts, services, operations, or transactions necessary in the conduct, operation, management, and control of pharmacy. XV. ""Practitioner'' or ""licensed practitioner'' means any person who is lawfully entitled to prescribe, administer, dispense or distribute legend drugs to patients. XVI. ""Prescription'' means a verbal, or written, or facsimile or electronically transmitted order for drugs, medicines and devices by a practitioner licensed in the United States, to be compounded and dispensed by licensed pharmacists in a duly registered pharmacy, and to be kept on file for a period of 4 years. A written order shall include an electronic transmission prescription received and retained in a form complying with rules adopted pursuant to RSA 318:5-a, XV. Prescriptions may also apply to the finished products dispensed or administered by the licensed pharmacist in the registered pharmacy, on order of a licensed practitioner as defined in this section. XVI-a. ""Prescription device'' or ""legend device'' means an instrument, apparatus, implement, machine, contrivance, implant, or other similar or related article, including any component part or accessory, which is restricted for distribution and use only upon the order of a licensed practitioner. XVII. ""Prescription drug'', ""legend drug,'' or ""potent drug'' means: (a) A drug which under federal law is required, prior to being dispensed or delivered, to be labelled with any of the following statements: (1) ""Caution federal law prohibits dispensing without prescription'', or (2) ""Caution federal law restricts this drug to use by or on the order of the licensed veterinarian'', or (3) ""RX only'', or (b) A drug which is required by any applicable federal or state law or regulation to be dispensed on prescription only or is restricted to use by practitioners. XVIII. ""Nonprescription or proprietary medicine'' shall mean non-narcotic medicines or drugs which may be sold without a prescription and which are prepackaged for use by the consumer and labeled in accordance with the requirements of the laws of this state and the federal government, provided that this definition shall not include the following: (a) A drug, the label of which bears substantially either the statement ""Caution--federal law prohibits dispensing without prescription'' or ""Warning--may be habit forming.'' (b) A drug intended for injection. XIX. ""Supervision'' means under the direct charge or direction and does not contemplate absence of the person responsible for providing such supervision, except where permitted by rules of the board under RSA 318:5-a, XIV. XIX-a. ""TOEFL'' is the Test of English as a Foreign Language, as administered by American College Testing (ACT), or its successor, and certified by the FPGEC. XX. ""Veterinarian'' means a practitioner of veterinary medicine duly registered under the laws of this or some other state. XXI. ""Wholesaler'' means a person with facilities in or outside this state who obtains drugs for distribution or delivery to persons other than consumers. XXII. ""Automated pharmacy system'' means mechanical systems that perform operations or activities, other than compounding or administration, relative to the storage, packaging, dispensing, or distribution of medications, and which collects, controls, and maintains all transaction information. XXIII. ""Central prescription processing'' means the processing by a pharmacy of a request from another pharmacy to fill or refill a prescription drug order or to perform processing functions, such as dispensing, drug utilization review, claims adjudication, refill authorizations, and therapeutic interventions. XXIV. ""Electronic transmission prescription'' means both image transmissions of a prescription order for which a facsimile of the order is received by a pharmacy from a licensed prescriber, and data transmissions of a prescription order, other than an electronic image transmission prescription, that is electronically transmitted by computer link, modem, or other computer communication device from a licensed prescriber to a pharmacy. XXV. ""Attending practitioner'' means the physician or advanced practice registered nurse who has the primary responsibility for the treatment and care of the patient. XXVI. ""Collaborative pharmacy practice'' means the practice of pharmacy whereby one or more pharmacists jointly agree, on a voluntary basis, to work in conjunction with one or more attending practitioners under written protocol whereby the collaborating pharmacist or pharmacists may perform medication therapy management authorized by the attending practitioner or practitioners under certain specified conditions and limitations. XXVII. ""Collaborative pharmacy practice agreement'' means a written and signed specific agreement between a pharmacist, an attending practitioner, and the patient or patient's authorized representative who has granted his or her informed consent, that provides for collaborative pharmacy practice for the purpose of medication therapy management for the patient. XXVIII. ""Medication therapy management'' means the review of medication therapy regimens of patients by a pharmacist for the purpose of evaluating and rendering advice to a practitioner, or evaluating and modifying the medication regimen in accordance with the collaborative pharmacy practice agreement. Decisions involving medication therapy management shall be made in the best interest of the patient. Medication therapy management shall be limited to: (a) Implementing, modifying, and managing medication therapy according to the terms of the collaborative pharmacy practice agreement; (b) Collecting and reviewing patient histories within the context of needs for pharmacy practice; (c) Obtaining and checking vital signs, such as pulse, temperature, blood pressure, and respiration; (d) Ordering laboratory tests as specifically set out in the collaborative pharmacy practice agreement between the pharmacist and the attending practitioner that are specific to the medication or protocol-driven; (e) Formulating a medication treatment plan that will be shared with the patient's attending practitioner; (f) Monitoring and evaluating the patient's response to therapy, including safety and effectiveness; (g) Performing a comprehensive medication review, in conjunction with the attending practitioner, to identify, resolve, and prevent medication-related problems, including adverse drug events; (h) Documenting the care delivered and, if applicable, communicating essential information to the patient's other health care providers; and (i) Providing education and training designed to enhance patient understanding and the appropriate use of his or her medications.
In this chapter: I. ""Administer'' means an act whereby a single dose of a drug is instilled into the body of, applied to the body of, or otherwise given to a person or animal for immediate consumption or use. I-a. ""Advanced practice registered nurse'' means a person licensed to practice as an advanced practice registered nurse in this state pursuant to RSA 326-B:18. II. ""At retail'' means the dispensing of drugs or medicines pursuant to the order of a physician, dentist, veterinarian, or advanced practice registered nurse, whether or not such drugs or medicines are dispensed for a valuable consideration. III. ""Board'', when not otherwise limited, means the New Hampshire pharmacy board. III-a. ""Compounding'' means the preparation, mixing, assembling, packaging or labeling of a drug or device as a result of a practitioner's prescription drug order or initiative based on the pharmacist-patient-prescriber relationship in the course of professional practice or, for the purpose of, or as an incident, to research, teaching, or chemical analysis, but not selling or dispensing. ""Compounding'' also includes the preparation of drugs or devices in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns. The compound drug product shall bear the label of the pharmacy responsible for compounding and dispensing the product directly to the patient for administration, and the prescription shall be filed at that pharmacy. IV. ""Dentist'' means a practitioner of dentistry duly registered under the laws of this or some other state. V. ""Dispense'' means to distribute, leave with, give away, dispose of, deliver, or sell one or more doses of a drug that will be administered or taken at a later date, time, or location and shall include the transfer of more than a single dose of a medication from one container to another and the labeling or otherwise identifying a container holding more than a single dose of a drug. V-a. ""Distributor'' means a person or persons who supply or facilitate the supply of prescription drugs to persons other than consumers. VI. ""Drugs'', when not otherwise limited, means all substances used as medicines or in the practice of medicine. VI-a. ""Fee splitting'' means any discount, rebate, dividend, shared income, or economic benefit from the sale of prescription medicine by a pharmacist or pharmacy with an individual licensed to prescribe medicine or such individual's spouse or dependent children. VI-b. ""Emergency medical care provider'' means a person licensed to provide emergency medical care under RSA 151-B. VI-c. ""Foreign pharmacy graduate'' is a pharmacist whose undergraduate pharmacy degree was conferred outside the United States by a pharmacy school listed in the World Directory of Schools of Pharmacy published by the World Health Organization. VI-d. ""FPGEC'' means the Foreign Pharmacy Graduate Equivalency Committee administered by the National Association of Boards of Pharmacy. VI-e. ""FPGEE'' means the Foreign Pharmacy Graduate Equivalency Examination administered by the National Association of Boards of Pharmacy and recognized and approved by the board. VII. ""Licensed pharmacist'' or ""pharmacist'', when not otherwise limited, means a person holding a license under RSA 318:18 and who is, therefore, legally authorized to practice the profession of pharmacy in this state. VII-a. ""Limited retail drug distributor'' means a distributor of legend devices or medical gases delivered directly to the consumer pursuant to a practitioner's prescription order, or federally funded clinics operated under contract with the department of health and human services and drug abuse treatment centers, where legend and controlled drugs are held, stored, or dispensed to patients pursuant to the order of an authorized practitioner. VII-b. ""Mail-order pharmacy'' means a pharmacy that is located in a state of the United States, other than this state, whose primary business is to dispense a prescription drug or device under a prescription drug order and to deliver the drug or device to a patient, including a patient in this state, by the United States mail, a common carrier, or a delivery service. Mail-order pharmacies include, but are not limited to, pharmacies that do business via the Internet or other electronic media. VIII. ""Manufacturing'' means the production, preparation, propagation, conversion or processing of a drug or device, either directly or indirectly, by large volume extraction from substances of natural origin, or independently by means of chemical or biological synthesis, and includes any packaging or repackaging of a substance or labeling or relabeling of its container, and the promotion and marketing of such drugs and devices. ""Manufacturing'' also includes the preparation and promotion of commercially available products from bulk compounds for resale by pharmacists to anyone other than a patient via a prescription, practitioners, or other persons. IX. ""Medicine'', when not otherwise limited, means a drug or preparation of drugs in suitable form for use as a curative or remedial substance. IX-a. ""Nurse'' means a person licensed to perform registered nursing as defined in RSA 326-B. X. ""Pharmacist-in-charge'' means the pharmacist who shall be responsible for the practice of pharmacy in and by a pharmacy, including, but not limited to, compliance with all local, state, and federal pharmacy and drug laws, and who shall be responsible for the operation of the pharmacy in the best interests of the public. XI. ""Pharmacy'', when not otherwise limited, means the place registered by the board where the profession of pharmacy is practiced and where drugs, chemicals, medicines, prescriptions, or poisons are compounded, dispensed, stored, or retailed. XI-a. ""Pharmacy technician'' means a person, other than a pharmacist, either registered or certified by the board for the purpose of assisting a pharmacist in the practice of pharmacy. XII. ""Physician'' means a practitioner of medicine duly licensed under the laws of this or some other state. XII-a. ""Physician assistant'' means a person licensed as a physician assistant under RSA 328-D. XII-b. ""Podiatrist'' means a person authorized by law to practice podiatry in this state pursuant to RSA 315. XIII. ""Poisons'', when not otherwise limited, means any drug, chemical medicine or preparation liable to be destructive to adult human life in quantities of 60 grains or less. XIV. ""Practice of pharmacy'' means the professional acts performed by a pharmacist and shall include the interpretation and evaluation of prescription orders; the administration, compounding, dispensing, labeling and distribution of drugs and devices; the participation in drug selection and drug-related device selection; drug evaluation; utilization or regimen review; the monitoring of drug therapy and use; medication therapy management in accordance with collaborative pharmacy practice agreements; the proper and safe storage and distribution of drugs and devices, and the proper maintenance of proper records; the responsibility of advising, when necessary or when regulated, of therapeutic values, hazards, and use of drugs and devices; and the offering or performing of these acts, services, operations, or transactions necessary in the conduct, operation, management, and control of pharmacy. XV. ""Practitioner'' or ""licensed practitioner'' means any person who is lawfully entitled to prescribe, administer, dispense or distribute legend drugs to patients. XVI. ""Prescription'' means a verbal, or written, or facsimile or electronically transmitted order for drugs, medicines and devices by a practitioner licensed in the United States, to be compounded and dispensed by licensed pharmacists in a duly registered pharmacy, and to be kept on file for a period of 4 years. A written order shall include an electronic transmission prescription received and retained in a form complying with rules adopted pursuant to RSA 318:5-a, XV. Prescriptions may also apply to the finished products dispensed or administered by the licensed pharmacist in the registered pharmacy, on order of a licensed practitioner as defined in this section. XVI-a. ""Prescription device'' or ""legend device'' means an instrument, apparatus, implement, machine, contrivance, implant, or other similar or related article, including any component part or accessory, which is restricted for distribution and use only upon the order of a licensed practitioner. XVII. ""Prescription drug'', ""legend drug,'' or ""potent drug'' means: (a) A drug which under federal law is required, prior to being dispensed or delivered, to be labelled with any of the following statements: (1) ""Caution federal law prohibits dispensing without prescription'', or (2) ""Caution federal law restricts this drug to use by or on the order of the licensed veterinarian'', or (3) ""RX only'', or (b) A drug which is required by any applicable federal or state law or regulation to be dispensed on prescription only or is restricted to use by practitioners. XVIII. ""Nonprescription or proprietary medicine'' shall mean non-narcotic medicines or drugs which may be sold without a prescription and which are prepackaged for use by the consumer and labeled in accordance with the requirements of the laws of this state and the federal government, provided that this definition shall not include the following: (a) A drug, the label of which bears substantially either the statement ""Caution--federal law prohibits dispensing without prescription'' or ""Warning--may be habit forming.'' (b) A drug intended for injection. XIX. ""Supervision'' means under the direct charge or direction and does not contemplate absence of the person responsible for providing such supervision, except where permitted by rules of the board under RSA 318:5-a, XIV. XIX-a. ""TOEFL'' is the Test of English as a Foreign Language, as administered by American College Testing (ACT), or its successor, and certified by the FPGEC. XX. ""Veterinarian'' means a practitioner of veterinary medicine duly registered under the laws of this or some other state. XXI. ""Wholesaler'' means a person with facilities in or outside this state who obtains drugs for distribution or delivery to persons other than consumers. XXII. ""Automated pharmacy system'' means mechanical systems that perform operations or activities, other than compounding or administration, relative to the storage, packaging, dispensing, or distribution of medications, and which collects, controls, and maintains all transaction information. XXIII. ""Central prescription processing'' means the processing by a pharmacy of a request from another pharmacy to fill or refill a prescription drug order or to perform processing functions, such as dispensing, drug utilization review, claims adjudication, refill authorizations, and therapeutic interventions. XXIV. ""Electronic transmission prescription'' means both image transmissions of a prescription order for which a facsimile of the order is received by a pharmacy from a licensed prescriber, and data transmissions of a prescription order, other than an electronic image transmission prescription, that is electronically transmitted by computer link, modem, or other computer communication device from a licensed prescriber to a pharmacy. XXV. ""Attending practitioner'' means the physician or advanced practice registered nurse who has the primary responsibility for the treatment and care of the patient. XXVI. ""Collaborative pharmacy practice'' means the practice of pharmacy whereby one or more pharmacists jointly agree, on a voluntary basis, to work in conjunction with one or more attending practitioners under written protocol whereby the collaborating pharmacist or pharmacists may perform medication therapy management authorized by the attending practitioner or practitioners under certain specified conditions and limitations. XXVII. ""Collaborative pharmacy practice agreement'' means a written and signed specific agreement between a pharmacist, an attending practitioner, and the patient or patient's authorized representative who has granted his or her informed consent, that provides for collaborative pharmacy practice for the purpose of medication therapy management for the patient. XXVIII. ""Medication therapy management'' means the review of medication therapy regimens of patients by a pharmacist for the purpose of evaluating and rendering advice to a practitioner, or evaluating and modifying the medication regimen in accordance with the collaborative pharmacy practice agreement. Decisions involving medication therapy management shall be made in the best interest of the patient. Medication therapy management shall be limited to: (a) Implementing, modifying, and managing medication therapy according to the terms of the collaborative pharmacy practice agreement; (b) Collecting and reviewing patient histories within the context of needs for pharmacy practice; (c) Obtaining and checking vital signs, such as pulse, temperature, blood pressure, and respiration; (d) Ordering laboratory tests as specifically set out in the collaborative pharmacy practice agreement between the pharmacist and the attending practitioner that are specific to the medication or protocol-driven; (e) Formulating a medication treatment plan that will be shared with the patient's attending practitioner; (f) Monitoring and evaluating the patient's response to therapy, including safety and effectiveness; (g) Performing a comprehensive medication review, in conjunction with the attending practitioner, to identify, resolve, and prevent medication-related problems, including adverse drug events; (h) Documenting the care delivered and, if applicable, communicating essential information to the patient's other health care providers; and (i) Providing education and training designed to enhance patient understanding and the appropriate use of his or her medications.
In this chapter: I. ""Administer'' means an act whereby a single dose of a drug is instilled into the body of, applied to the body of, or otherwise given to a person or animal for immediate consumption or use. I-a. ""Advanced practice registered nurse'' means a person licensed to practice as an advanced practice registered nurse in this state pursuant to RSA 326-B:18. II. ""At retail'' means the dispensing of drugs or medicines pursuant to the order of a physician, dentist, veterinarian, or advanced practice registered nurse, whether or not such drugs or medicines are dispensed for a valuable consideration. III. ""Board'', when not otherwise limited, means the New Hampshire pharmacy board. III-a. ""Compounding'' means the preparation, mixing, assembling, packaging or labeling of a drug or device as a result of a practitioner's prescription drug order or initiative based on the pharmacist-patient-prescriber relationship in the course of professional practice or, for the purpose of, or as an incident, to research, teaching, or chemical analysis, but not selling or dispensing. ""Compounding'' also includes the preparation of drugs or devices in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns. The compound drug product shall bear the label of the pharmacy responsible for compounding and dispensing the product directly to the patient for administration, and the prescription shall be filed at that pharmacy. IV. ""Dentist'' means a practitioner of dentistry duly registered under the laws of this or some other state. V. ""Dispense'' means to distribute, leave with, give away, dispose of, deliver, or sell one or more doses of a drug that will be administered or taken at a later date, time, or location and shall include the transfer of more than a single dose of a medication from one container to another and the labeling or otherwise identifying a container holding more than a single dose of a drug. V-a. ""Distributor'' means a person or persons who supply or facilitate the supply of prescription drugs to persons other than consumers. VI. ""Drugs'', when not otherwise limited, means all substances used as medicines or in the practice of medicine. VI-a. ""Fee splitting'' means any discount, rebate, dividend, shared income, or economic benefit from the sale of prescription medicine by a pharmacist or pharmacy with an individual licensed to prescribe medicine or such individual's spouse or dependent children. VI-b. ""Emergency medical care provider'' means a person licensed to provide emergency medical care under RSA 151-B. VI-c. ""Foreign pharmacy graduate'' is a pharmacist whose undergraduate pharmacy degree was conferred outside the United States by a pharmacy school listed in the World Directory of Schools of Pharmacy published by the World Health Organization. VI-d. ""FPGEC'' means the Foreign Pharmacy Graduate Equivalency Committee administered by the National Association of Boards of Pharmacy. VI-e. ""FPGEE'' means the Foreign Pharmacy Graduate Equivalency Examination administered by the National Association of Boards of Pharmacy and recognized and approved by the board. VII. ""Licensed pharmacist'' or ""pharmacist'', when not otherwise limited, means a person holding a license under RSA 318:18 and who is, therefore, legally authorized to practice the profession of pharmacy in this state. VII-a. ""Limited retail drug distributor'' means a distributor of legend devices or medical gases delivered directly to the consumer pursuant to a practitioner's prescription order, or federally funded clinics operated under contract with the department of health and human services and drug abuse treatment centers, where legend and controlled drugs are held, stored, or dispensed to patients pursuant to the order of an authorized practitioner. VII-b. ""Mail-order pharmacy'' means a pharmacy that is located in a state of the United States, other than this state, whose primary business is to dispense a prescription drug or device under a prescription drug order and to deliver the drug or device to a patient, including a patient in this state, by the United States mail, a common carrier, or a delivery service. Mail-order pharmacies include, but are not limited to, pharmacies that do business via the Internet or other electronic media. VIII. ""Manufacturing'' means the production, preparation, propagation, conversion or processing of a drug or device, either directly or indirectly, by large volume extraction from substances of natural origin, or independently by means of chemical or biological synthesis, and includes any packaging or repackaging of a substance or labeling or relabeling of its container, and the promotion and marketing of such drugs and devices. ""Manufacturing'' also includes the preparation and promotion of commercially available products from bulk compounds for resale by pharmacists to anyone other than a patient via a prescription, practitioners, or other persons. IX. ""Medicine'', when not otherwise limited, means a drug or preparation of drugs in suitable form for use as a curative or remedial substance. IX-a. ""Nurse'' means a person licensed to perform registered nursing as defined in RSA 326-B. X. ""Pharmacist-in-charge'' means the pharmacist who shall be responsible for the practice of pharmacy in and by a pharmacy, including, but not limited to, compliance with all local, state, and federal pharmacy and drug laws, and who shall be responsible for the operation of the pharmacy in the best interests of the public. XI. ""Pharmacy'', when not otherwise limited, means the place registered by the board where the profession of pharmacy is practiced and where drugs, chemicals, medicines, prescriptions, or poisons are compounded, dispensed, stored, or retailed. XI-a. ""Pharmacy technician'' means a person, other than a pharmacist, either registered or certified by the board for the purpose of assisting a pharmacist in the practice of pharmacy. XII. ""Physician'' means a practitioner of medicine duly licensed under the laws of this or some other state. XII-a. ""Physician assistant'' means a person licensed as a physician assistant under RSA 328-D. XII-b. ""Podiatrist'' means a person authorized by law to practice podiatry in this state pursuant to RSA 315. XIII. ""Poisons'', when not otherwise limited, means any drug, chemical medicine or preparation liable to be destructive to adult human life in quantities of 60 grains or less. XIV. ""Practice of pharmacy'' means the professional acts performed by a pharmacist and shall include the interpretation and evaluation of prescription orders; the administration, compounding, dispensing, labeling and distribution of drugs and devices; the participation in drug selection and drug-related device selection; drug evaluation; utilization or regimen review; the monitoring of drug therapy and use; medication therapy management in accordance with collaborative pharmacy practice agreements; the proper and safe storage and distribution of drugs and devices, and the proper maintenance of proper records; the responsibility of advising, when necessary or when regulated, of therapeutic values, hazards, and use of drugs and devices; and the offering or performing of these acts, services, operations, or transactions necessary in the conduct, operation, management, and control of pharmacy. XV. ""Practitioner'' or ""licensed practitioner'' means any person who is lawfully entitled to prescribe, administer, dispense or distribute legend drugs to patients. XVI. ""Prescription'' means a verbal, or written, or facsimile or electronically transmitted order for drugs, medicines and devices by a practitioner licensed in the United States, to be compounded and dispensed by licensed pharmacists in a duly registered pharmacy, and to be kept on file for a period of 4 years. A written order shall include an electronic transmission prescription received and retained in a form complying with rules adopted pursuant to RSA 318:5-a, XV. Prescriptions may also apply to the finished products dispensed or administered by the licensed pharmacist in the registered pharmacy, on order of a licensed practitioner as defined in this section. XVI-a. ""Prescription device'' or ""legend device'' means an instrument, apparatus, implement, machine, contrivance, implant, or other similar or related article, including any component part or accessory, which is restricted for distribution and use only upon the order of a licensed practitioner. XVII. ""Prescription drug'', ""legend drug,'' or ""potent drug'' means: (a) A drug which under federal law is required, prior to being dispensed or delivered, to be labelled with any of the following statements: (1) ""Caution federal law prohibits dispensing without prescription'', or (2) ""Caution federal law restricts this drug to use by or on the order of the licensed veterinarian'', or (3) ""RX only'', or (b) A drug which is required by any applicable federal or state law or regulation to be dispensed on prescription only or is restricted to use by practitioners. XVIII. ""Nonprescription or proprietary medicine'' shall mean non-narcotic medicines or drugs which may be sold without a prescription and which are prepackaged for use by the consumer and labeled in accordance with the requirements of the laws of this state and the federal government, provided that this definition shall not include the following: (a) A drug, the label of which bears substantially either the statement ""Caution--federal law prohibits dispensing without prescription'' or ""Warning--may be habit forming.'' (b) A drug intended for injection. XIX. ""Supervision'' means under the direct charge or direction and does not contemplate absence of the person responsible for providing such supervision, except where permitted by rules of the board under RSA 318:5-a, XIV. XIX-a. ""TOEFL'' is the Test of English as a Foreign Language, as administered by American College Testing (ACT), or its successor, and certified by the FPGEC. XX. ""Veterinarian'' means a practitioner of veterinary medicine duly registered under the laws of this or some other state. XXI. ""Wholesaler'' means a person with facilities in or outside this state who obtains drugs for distribution or delivery to persons other than consumers. XXII. ""Automated pharmacy system'' means mechanical systems that perform operations or activities, other than compounding or administration, relative to the storage, packaging, dispensing, or distribution of medications, and which collects, controls, and maintains all transaction information. XXIII. ""Central prescription processing'' means the processing by a pharmacy of a request from another pharmacy to fill or refill a prescription drug order or to perform processing functions, such as dispensing, drug utilization review, claims adjudication, refill authorizations, and therapeutic interventions. XXIV. ""Electronic transmission prescription'' means both image transmissions of a prescription order for which a facsimile of the order is received by a pharmacy from a licensed prescriber, and data transmissions of a prescription order, other than an electronic image transmission prescription, that is electronically transmitted by computer link, modem, or other computer communication device from a licensed prescriber to a pharmacy. XXV. ""Attending practitioner'' means the physician or advanced practice registered nurse who has the primary responsibility for the treatment and care of the patient. XXVI. ""Collaborative pharmacy practice'' means the practice of pharmacy whereby one or more pharmacists jointly agree, on a voluntary basis, to work in conjunction with one or more attending practitioners under written protocol whereby the collaborating pharmacist or pharmacists may perform medication therapy management authorized by the attending practitioner or practitioners under certain specified conditions and limitations. XXVII. ""Collaborative pharmacy practice agreement'' means a written and signed specific agreement between a pharmacist, an attending practitioner, and the patient or patient's authorized representative who has granted his or her informed consent, that provides for collaborative pharmacy practice for the purpose of medication therapy management for the patient. XXVIII. ""Medication therapy management'' means the review of medication therapy regimens of patients by a pharmacist for the purpose of evaluating and rendering advice to a practitioner, or evaluating and modifying the medication regimen in accordance with the collaborative pharmacy practice agreement. Decisions involving medication therapy management shall be made in the best interest of the patient. Medication therapy management shall be limited to: (a) Implementing, modifying, and managing medication therapy according to the terms of the collaborative pharmacy practice agreement; (b) Collecting and reviewing patient histories within the context of needs for pharmacy practice; (c) Obtaining and checking vital signs, such as pulse, temperature, blood pressure, and respiration; (d) Ordering laboratory tests as specifically set out in the collaborative pharmacy practice agreement between the pharmacist and the attending practitioner that are specific to the medication or protocol-driven; (e) Formulating a medication treatment plan that will be shared with the patient's attending practitioner; (f) Monitoring and evaluating the patient's response to therapy, including safety and effectiveness; (g) Performing a comprehensive medication review, in conjunction with the attending practitioner, to identify, resolve, and prevent medication-related problems, including adverse drug events; (h) Documenting the care delivered and, if applicable, communicating essential information to the patient's other health care providers; and (i) Providing education and training designed to enhance patient understanding and the appropriate use of his or her medications.
