State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-85_40

§ 90‑85.40.  Violations.

(a)        It shall be unlawful for any owner or manager of a pharmacyor other place to allow or cause anyone other than a pharmacist to dispense orcompound any prescription drug unless that person is a pharmacy technician or apharmacy student who is enrolled in a school of pharmacy approved by the Boardand is working under the supervision of a pharmacist.

(b)        Every person lawfully authorized to compound or dispenseprescription drugs shall comply with all the laws and regulations governing thelabeling and packaging of such drugs by pharmacists.

(c)        It shall be unlawful for any person not licensed as apharmacist to compound or dispense any prescription drug, unless that person isa pharmacy technician or a pharmacy student who is enrolled in a school ofpharmacy approved by the Board and is working under the supervision of apharmacist.

(d)        It shall be unlawful for any person to manage any place ofbusiness where devices are dispensed or sold at retail without a permit asrequired by this Article.

(d1)      It is unlawful for a person to own or manage a place ofbusiness from which medical equipment is delivered without a permit as requiredby this Article.

(e)        It shall be unlawful for any person without legalauthorization to dispose of an article that has been embargoed under thisArticle.

(f)         It shall be unlawful to violate any provision of thisArticle or of any rules or regulations enacted pursuant to it.

(g)        This Article shall not be construed to prohibit any personfrom performing an act that person is authorized to perform pursuant to NorthCarolina law. Health care providers who are authorized to prescribe drugswithout supervision are authorized to dispense drugs without supervision.

(h)        A violation of this Article shall be a Class 1 misdemeanor. (1905, c. 108, ss. 4, 23, 24; Rev., ss. 3649, 3650, 4487; C.S., ss.6667, 6668, 6669; 1921, c. 68, ss. 6, 7; Ex. Sess. 1924, c. 116; 1953, c. 1051;1957, c. 617; 1959, c. 1222; 1981 (Reg. Sess., 1982), c. 1188, s. 1; 1993, c.539, s. 621; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 692,s. 4; 2001‑375, ss. 6, 7.)