TITLE XXX
OCCUPATIONS AND PROFESSIONS

CHAPTER 318
PHARMACISTS AND PHARMACIES

Pharmacy Board

Section 318:8


[RSA 318:8 effective until Sept. 8, 2026; see also RSA 318:8 set out below.]
    318:8 Enforcement of Law. – It shall be the duty of the board, through officials and employees appointed by it or under its supervision for that purpose, and of all peace officers within the state, and of all county attorneys, to enforce all the provisions of this chapter. When so requested, the department of health and human services and its officials and employees shall cooperate with the board in collecting and analyzing samples of drugs and medicines sold, or suspected of being sold, in violation of this chapter. The members of the board, its inspectors and investigators shall have free access during business hours to all places where drugs, medicines, poisons or hypodermic devices are held, stored, or offered for sale and to all records of sale and disposition of drugs.
[RSA 318:8 effective Sept. 8, 2026; see also RSA 318:8 above.]
    318:8 Enforcement of Law. –
I. It shall be the duty of the board, through officials and employees appointed by it or under its supervision for that purpose, and of all peace officers within the state, and of all county attorneys, to enforce all the provisions of this chapter. When so requested, the department of health and human services and its officials and employees shall cooperate with the board in collecting and analyzing samples of drugs and medicines sold, or suspected of being sold, in violation of this chapter. The members of the board, its inspectors and investigators shall have free access during business hours to all places where drugs, medicines, poisons or hypodermic devices are held, stored, or offered for sale and to all records of sale and disposition of drugs.
II. It shall also be the duty of the board, through officials and employees appointed by it or under its supervision for that purpose, to evaluate whether a specific act is within the practice of pharmacy, or whether an act can be delegated to other individuals under pharmacist supervision. A licensee or registrant of the board of pharmacy shall independently determine whether:
(a) The act is expressly prohibited by:
(1) This chapter;
(2) The controlled drug act, RSA 318-B;
(3) The rules of the board of pharmacy; or
(4) Any other applicable state or federal laws or regulations;
(b) The act is consistent with the individual's education, training, and experience; and
(c) Performance of the act is within the accepted standard of care that would be provided in a similar setting by a reasonable and prudent individual with similar education, training, and experience.

Source. 1921, 122:5. PL 210:8. 1931, 123:1. RL 256:8. RSA 318:8. 1965, 275:2. 1981, 484:18. 1985, 324:4. 1995, 310:181, eff. Nov. 1, 1995. 2026, 311:12, eff. Sept. 8, 2026.