PharmLaw Set #1 (AZ) Flashcards
32-1901.01. Definition of unethical and unprofessional conduct; permittees; licensees.
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A. In this chapter, unless the context otherwise requires, for the purposes of disciplining a permittee, “unethical conduct” means the following, whether occurring in this state or elsewhere:
- Knowingly filing with the board any application, renewal or other document that contains false or misleading information.
- Failing to notify the board of a change of ownership, management or pharmacist in charge.
- Distributing premiums or rebates of any kind in connection with the sale of prescription medication, other than to the prescription medication recipient.
- Failing to maintain effective controls against the diversion of controlled substances or precursor chemicals to unauthorized persons or entities.
- Fraudulently claiming to have performed a service.
- Advertising drugs or devices, or services pertaining to drugs or devices, in a manner that is untrue or misleading in any particular, and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
Substitution for Prescription Drugs: What can a pharmacist do if a medical practitioner prescribes a brand name drug and does not prevent substitution?
A pharmacist may fill the prescription with a generic equivalent drug.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
Conditions for Substituting Biological Products: Under what conditions can a pharmacist substitute a biological product?
- The FDA has determined the substituted product to be an interchangeable biological product.
- The prescribing physician does not designate in writing or electronically that substitution is prohibited.
- The pharmacy informs the patient or person presenting the prescription of the substitution.
- Within five business days after dispensing a biological product, the pharmacist or the pharmacist’s designee records the specific product provided, including the name and manufacturer, in an electronically accessible system or communicates it to the prescriber.
- The pharmacy retains a record of the biological product dispensed.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
Within five business days after dispensing a biological product, the dispensing pharmacist or the pharmacist’s designee makes an entry of the specific product provided to the patient, including the name of the product and the manufacturer. The communication shall be conveyed by:
making an entry that is electronically accessible to the prescriber through an interoperable electronic medical records system, an electronic prescribing technology, a pharmacy benefit management system, or a pharmacy record. Entry into an electronic records system as described in this paragraph is presumed to provide notice to the prescriber. Otherwise, the pharmacist shall communicate the biological product dispensed to the prescriber using fax, telephone, electronic transmission or other prevailing means, except that communication is not required if one of the following applies:
(a) There is no interchangeable biological product approved by the United States food and drug administration for the product prescribed.
(b) A refill prescription is not changed from the product dispensed on the prior filling of the prescription.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
Any pharmacy personnel shall notify the person presenting the prescription of the amount of the price difference between the brand name drug or biological product prescribed and the generic equivalent drug or interchangeable biological product, if both of the following apply:
- The medical practitioner does not indicate an intent to prevent substitution with a generic equivalent drug or interchangeable biological product.
- The transaction is not subject to third-party reimbursement.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
Q: What labeling requirements must a pharmacist follow when dispensing a drug or biological product?
The pharmacist must place on the container the name of the drug or biological product dispensed followed by “generic equivalent for” or “interchangeable biological product for” and the brand or trade name of the product being replaced. For contact lenses, the brand or trade name must also be included on the label.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
A prescription generated in this state must be dispensed as written only if the prescriber writes or clearly displays:
“DAW”, “dispense as written”, “do not substitute” or “medically necessary” or any statement by the prescriber that clearly indicates an intent to prevent substitution on the face of the prescription form
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
A prescription from out of state or from agencies of the United States government must be dispensed as written only if the prescriber writes or clearly displays
“do not substitute”, “dispense as written” or “medically necessary” or any statement by the prescriber that clearly indicates an intent to prevent substitution on the face of the prescription form.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
Scope of application: To which prescriptions does this section apply?
A: This section applies to all prescriptions, including those presented by or on behalf of persons receiving state or federal assistance payments.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
Q: Can an employer require a pharmacist to dispense a specific generic equivalent drug or interchangeable biological product against the professional judgment of the pharmacist or the order of the prescriber?
A: No, an employer or agent of an employer of a pharmacist shall not require this.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
Liability of Pharmacists
Q: What is the liability of a pharmacist in substituting according to this section?
A: The liability is no greater than that incurred in filling a generically written prescription. This subsection does not limit or diminish the responsibility for the strength, purity, or quality of drugs provided. The failure of a prescriber to specify that no substitution is authorized does not constitute evidence of negligence.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
A pharmacist may not make a substitution pursuant to this section unless the manufacturer or distributor of the generic equivalent drug or interchangeable biological product has shown that:
- All products dispensed have an expiration date on the original package.
- The manufacturer or distributor maintains recall and return capabilities for unsafe or defective drugs or biological products.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
Public Information
Q: What must the board maintain on its public website?
A: The board must maintain a link to the current list of each biological product determined by the FDA to be an interchangeable biological product.
32-1934. Remote hospital-site pharmacy permittee; requirements
A remote hospital-site pharmacy permittee shall ensure that:
- The remote hospital-site pharmacy is supervised by a pharmacist who is located in this state and who is employed by the hospital.
. - The remote hospital-site pharmacy displays a sign visible to the public identifying the pharmacy as a remote hospital-site pharmacy and warning that the remote hospital-site pharmacy is under continuous video surveillance that is recorded and retained.
. - The remote hospital-site pharmacy uses an electronic recordkeeping system that is shared with and accessible by the pharmacy located in the hospital.
. - All drugs and devices furnished from the remote hospital-site pharmacy to patients of the satellite facility are verified by a pharmacist who is licensed in this state and who is employed by the hospital. If the satellite facility is an emergency department of the hospital, in the pharmacist’s absence a registered nurse practitioner or professional nurse who is licensed pursuant to chapter 15 of this title, a physician who is licensed pursuant to chapter 13 or 17 of this title or a physician assistant who is licensed pursuant to chapter 25 of this title may obtain from the remote hospital-site pharmacy necessary drugs and devices that are ordered by a medical practitioner and that are needed by a patient in an emergency, according to policies approved by the hospital.
. - The pharmacist in charge develops and implements procedures regarding obtaining, storing and dispensing drugs for inpatient administration and devices and recordkeeping requirements.
. - If a noncontrolled substance single-patient use multidose medication was dispensed to a patient in a container for inpatient administration, the remote hospital-site pharmacy dispenses that medication for the patient on discharge, if needed.
32-1934. Remote hospital-site pharmacy permittee; requirements
A remote hospital-site pharmacy permittee shall:
- Develop and maintain a policy and procedures manual, available to the board upon request.
- Maintain a perpetual inventory of controlled substances.
- Ensure continuous video surveillance, keeping recorded videos for at least sixty days.
- Have the hospital pharmacy’s pharmacist in charge reconcile the inventory of controlled substances monthly.
32-1934. Remote hospital-site pharmacy permittee; requirements
Q: Can a pharmacist work at multiple remote hospital-site pharmacies simultaneously?
A: Yes, at a reasonable number as determined and approved by the hospital.
32-1934. Remote hospital-site pharmacy permittee; requirements
Q: Who can adopt additional rules necessary to implement this section?
A: The board
R4-23-410. Current Good Compounding Practices
Can a pharmacy permittee or pharmacist provide a compounded pharmaceutical product to a pharmacy, medical practitioner, or other person for dispensing or distributing?
A: No, except a compounded pharmaceutical product may be provided to a medical practitioner to administer to a patient if each container is accompanied by a written list and has a specific label.
R4-23-410. Current Good Compounding Practices
Q: What must the label on a compounded pharmaceutical product include?
The label must include:
a. The pharmacy’s name, address, and telephone number.
b. The pharmaceutical product’s name and the required information.
c. A lot or control number.
d. A beyond-use-date based on the pharmacist’s judgment, not exceeding maximum guidelines unless stability test data supports a longer period.
e. The statement “Not For Dispensing.”
f. The statement “For Office or Hospital Administration Only.”
R4-23-410. Current Good Compounding Practices
Can a pharmacy or pharmacist advertise their prescription compounding services?
A: Yes, a pharmacy or pharmacist may advertise or otherwise promote that they provide prescription compounding services.
R4-23-410. Current Good Compounding Practices
What must the pharmacist-in-charge establish and comply with regarding compounding controls?
A: The pharmacist-in-charge must establish, implement, and comply with pharmaceutical product compounding controls that conform with specific standards, including labeling requirements.
R4-23-410. Current Good Compounding Practices
In addition to the labeling requirements of A.R.S. § 32-1968(D), the label contains:
a. A statement, symbol, designation, or abbreviation that the pharmaceutical product is a compounded pharmaceutical product, and
b. A beyond-use-date as specified in subsection (B)(3)(d).
R4-23-410. Current Good Compounding Practices
What must be provided to the patient at the time of dispensing a compounded pharmaceutical product?
A: A written list of the compounded pharmaceutical product’s active ingredients must be given to the patient.
R4-23-407.1. Dispensing an Opioid Antagonist
Before dispensing an opioid antagonist under A.R.S. § 32-1979(A), a licensed pharmacist shall complete an opioid prevention and treatment training program that includes the following information:
- How to recognize the symptoms of an opioid-related overdose,
- How to respond to a suspected opioid-related overdose,
- How to administer all preparations of an opioid antagonist, and
- The information needed by an individual to whom an opioid antagonist is dispensed.
R4-23-407.1. Dispensing an Opioid Antagonist
A pharmacist who has completed an opioid prevention and treatment training program:
- May administer an opioid antagonist to an individual the pharmacist believes is experiencing an opioid-related overdose, and
- Is exempt from civil liability under the terms of A.R.S. § 36-2267(B).
R4-23-407.1. Dispensing an Opioid Antagonist
How is dispensing an opioid antagonist under A.R.S. § 32-1979 to a community member classified?
A: It is not considered wholesale distribution as defined at A.R.S. § 32-1981.
R4-23-407.1. Dispensing an Opioid Antagonist
What must a pharmacist or pharmacy intern comply with when dispensing an opioid antagonist on a standing order according to A.R.S. § 32-1968?
They must comply with R4-23-407 (except subsection (A)(1)(b)), R4-23-408, and R4-23-409.
32-1979. Pharmacists; dispensing opioid antag; board protocols; immunity
Under what conditions can a pharmacist dispense naloxone hydrochloride or other opioid antagonists according to A.R.S. § 32-1979?
A pharmacist may dispense these medications pursuant to a standing order issued under section 36-2266 and according to board-adopted protocols to a person at risk of an opioid-related overdose or to someone in a position to assist that person.
32-1979. Pharmacists; dispensing opioid antag; board protocols; immunity
What must a pharmacist do when dispensing an opioid antagonist under A.R.S. § 32-1979?
- Document the dispensing consistent with board rules.
- Instruct the individual to whom the opioid antagonist is dispensed to summon emergency services as soon as practicable after administering the opioid antagonist.
32-1979. Pharmacists; dispensing opioid antag; board protocols; immunity
Does A.R.S. § 32-1979 affect a pharmacist’s authority to fill or refill prescriptions for opioid antagonists?
This section does not affect the authority of a pharmacist to fill or refill a prescription for naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration.
32-1979. Pharmacists; dispensing opioid antag; board protocols; immunity
What legal protection does a pharmacist have when dispensing an opioid antagonist under A.R.S. § 32-1979?
A pharmacist is immune from professional liability and criminal prosecution for decisions made, acts, or omissions resulting from dispensing an opioid antagonist, as long as they act with reasonable care and in good faith, except in cases of wanton or willful neglect.
R4-23-407. Prescription Requirements
Can a pharmacy receive a faxed prescription order for a Schedule II controlled substance?
Yes, but it is for information purposes only unless the faxed prescription order meets the requirements of A.R.S. § 36-2525(F) and (G), in which case it can serve as the original written prescription order.
R4-23-407. Prescription Requirements
How should a pharmacy retain a faxed prescription order to meet the seven-year record retention requirement?
The pharmacy should receive the faxed prescription order on plain paper or make a photocopy of the faxed prescription order.
R4-23-407. Prescription Requirements
What information must be included in faxed refill authorizations from a medical practitioner or their agent?
The faxed authorization must include the medical practitioner’s telephone and fax numbers, the medical practitioner’s signature or the medical practitioner’s agent’s name, and the date of authorization.
36-2525. Prescription orders; labels; packaging; definition
Notwithstanding subsections D and N of this section, a patient’s medical practitioner or the medical practitioner’s agent may transmit to a pharmacy by fax a prescription order written for a schedule II controlled substance, including opioids, if the prescription order is any of the following:
- To be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion.
- For a resident of a long-term care facility.
- For a patient who is enrolled in a hospice care program that is certified or paid for by medicare under title XVIII or a hospice program that is licensed by this state. The medical practitioner or the medical practitioner’s agent must note on the prescription that the patient is a hospice patient.
R4-23-407. Prescription Requirements
Under what conditions can an electronic transfer of original prescription order information occur?
The electronic transfer must be between pharmacies owned by the same company using a common or shared database.
R4-23-407. Prescription Requirements
Who can perform the electronic transfer of original prescription order information for a non-controlled substance?
A pharmacist, pharmacy intern, pharmacy technician trainee, or pharmacy technician under the supervision of a pharmacist.
R4-23-407. Prescription Requirements
Who must perform the electronic transfer of original prescription order information for a controlled substance?
The transfer must be performed between two licensed pharmacists.
R4-23-407. Prescription Requirements
The electronic transfer of original prescription order information for a non- controlled substance drug meets the following conditions:
i. The transferring pharmacy’s computer system:
(1) Invalidates the transferred original prescription order information;
(2) Records the identification code, number, or address of the pharmacy to which the prescription order information is transferred;
(3) Records the name or identification code of the receiving pharmacist, intern, pharmacy technician trainee, or pharmacy technician; and
(4) Records the date of transfer
R4-23-407. Prescription Requirements
What must the transferring pharmacy’s computer system do for a controlled substance transfer?
- Invalidate the transferred original prescription order information.
- Record the identification code, number, or address, and DEA number of the receiving pharmacy.
- Record the name or identification code of the receiving pharmacist.
- Record the date of transfer.
- Record the name or identification code of the transferring pharmacist.
R4-23-407. Prescription Requirements
The electronic transfer of original prescription order information for a non- controlled substance drug meets the following conditions:
ii. The receiving pharmacy’s computer system
(1) Records that a prescription transfer occurred;
(2) Records the date of issuance of the original prescription order;
(3) Records the original number of refills authorized on the original prescription order;
(4) Records the date of original dispensing;
(5) Records the number of valid refills remaining and the date of the last refill;
(6) Records the identification code, number, or address and original prescription number of the pharmacy from which the prescription is transferred;
(7) Records the name or identification code of the receiving pharmacist or intern, pharmacy technician trainee, or pharmacy technician; and
(8) Records the date of transfer;
R4-23-407. Prescription Requirements
What must the transferring pharmacy’s computer system do for a controlled substance transfer?
- Invalidate the transferred original prescription order information.
- Record the identification code, number, or address, and DEA number of the receiving pharmacy.
- Record the name or identification code of the receiving pharmacist.
- Record the date of transfer.
- Record the name or identification code of the transferring pharmacist.
R4-23-407. Prescription Requirements
What must be included in the receiving pharmacy’s computer system for a controlled substance transfer?
The information required in subsection (E)(4)(b)(iii) must be included.
R4-23-407. Prescription Requirements
What additional documentation is required for a transferred prescription order?
An original prescription order containing the required information must be filed in compliance with A.R.S. § 32-1964, in addition to electronic documentation in the computer system.
R4-23-407. Prescription Requirements
E. Transfer of prescription order information. For a transfer of prescription order information to be valid, a pharmacy permittee or pharmacist-in-charge shall ensure that:
- Both the original and the transferred prescription order are maintained for seven years after the last dispensing date;
- The original prescription order information for a Schedule III, IV, or V controlled substance is transferred only as specified in 21 CFR 1306.25;
- The original prescription order information for a noncontrolled substance drug is transferred without limitation only up to the number of originally authorized refills;
21 CFR § 1306.25
21 CFR § 1306.25 Transfer between pharmacies of prescription information for Schedules III, IV, and V controlled substances for refill purposes.
The transfer of original prescription information for a controlled substance listed in Schedule III, IV, or V for the purpose of refill dispensing is permissible between pharmacies on a one-time basis only. However, pharmacies electronically sharing a real-time, online database may transfer up to the maximum refills permitted by law and the prescriber’s authorization.
R4-23-407. Prescription Requirements
C. Prescription order adaptation. Except for a prescription order for a controlled substance, a pharmacist, using professional judgment, may make the following adaptations to a prescription order if the pharmacist documents the adaptation in the patient’s record:
- Change the prescribed quantity if the prescribed quantity is not a package size commercially available from the manufacturer;
- Change the prescribed dosage form or directions for use if the change achieves the intent of the prescribing medical practitioner;
- Complete missing information on the prescription order if there is sufficient evidence to support the change; and
- Extend the quantity of a maintenance drug for the limited quantity necessary to achieve medication refill synchronization for the patient.
R4-23-404. Unethical Practices
E. Prohibiting a prescription-only drug or device from being dispensed over the counter. A pharmacist shall ensure that:
- A prescription-only drug or device is dispensed only after receipt of a valid prescription order from a licensed medical practitioner;
- The dispensed prescription-only drug or device is properly prepared, packaged, and labeled according to this Chapter; and
- The prescription order is filed according to this Chapter.
R4-23-404. Unethical Practices
Under what circumstances is a pharmacist prohibited from dispensing a drug from a prescription order?
A pharmacist shall not dispense a drug if they have knowledge, or reasonably should know, that the prescription order was issued based on an internet-based questionnaire or consultation without a medical practitioner-patient relationship as defined in R4-23-110.
R4-23-404. Unethical Practices
What constitutes unethical conduct for a pharmacist under this Section?
A pharmacist who dispenses a prescription-only drug, prescription-only device, or controlled substance in violation of this Section is engaging in unethical conduct, which is a violation of A.R.S. § 32-1901.01.
R4-23-405. Change of Responsibility
A pharmacist designated as the pharmacist-in-charge for a pharmacy, manufacturer, or other establishment shall give immediate notice, as defined in R4-23-110, when:
- The pharmacist’s responsibility as a pharmacist-in-charge is terminated; or
- The pharmacist knows of a pending termination of the pharmacist’s responsibility as the pharmacist-in-charge.
R4-23-402. Pharmacist, Graduate Intern, and Pharmacy Intern
Who is authorized to provide oral consultation about a prescription medication to a patient or patient’s caregiver in an outpatient setting?
Only a pharmacist, graduate intern, or pharmacy intern shall provide oral consultation about a prescription medication to a patient or patient’s care-giver in an outpatient setting, including a patient discharged from a hospital.
R4-23-402. Pharmacist, Graduate Intern, and Pharmacy Intern
When is oral consultation required for a prescription medication?
- The prescription medication has not been previously dispensed to the patient in the same strength or dosage form or with the same directions;
- The pharmacist, through the exercise of professional judgment, determines that oral consultation is warranted; or
- The patient or patient’s care-giver requests oral consultation.
R4-23-204. Continuing Education Requirements
What is the general continuing education requirement for pharmacy license renewal?
The Board shall not renew a license unless the licensee has participated in 30 contact hours (3.0 CEUs) of continuing education activity sponsored by an Approved Provider during the two years preceding the application for renewal.
R4-23-204. Continuing Education Requirements
What are the special continuing education requirements for pharmacists certified to administer immunizations and those authorized to dispense controlled substances?
- Pharmacists certified to administer immunizations, vaccines, and emergency medications must complete at least two contact hours related to these topics.
- Pharmacists authorized to dispense controlled substances must complete at least three contact hours related to opioid use, substance use disorders, or addiction.
R4-23-204. Continuing Education Requirements
When is a pharmacist exempt from continuing education requirements?
A pharmacist is exempt from the continuing education requirements between the time of initial licensure and the first renewal.
R4-23-204. Continuing Education Requirements
Under what conditions does the Board accept continuing education units (CEUs)
- CEUs must be from activities sponsored by an Approved Provider.
- CEUs must be accrued during the two-year period immediately before licensure renewal.
- CEUs from one biennial renewal period cannot be carried forward to the next.
- Pharmacists who lead or lecture at an approved CE activity can receive CEUs for their presentation.
- Normal teaching duties by a pharmacist whose primary role is educating health professionals are not accepted as CEUs.
R4-23-204. Continuing Education Requirements
What are the requirements for maintaining and reporting continuing education records?
- Pharmacists must maintain records verifying their continuing education activities for the preceding five years, including statements of credit or certificates from Approved Providers.
- At licensure renewal, pharmacists must attest to their CEUs on the biennial renewal form.
- Pharmacists must submit proof of continuing education participation within 20 days if requested by the Board.
R4-23-204. Continuing Education Requirements
What actions can the Board take against a pharmacist who fails to comply with continuing education requirements?
The Board may revoke, suspend, or place on probation the license of a pharmacist who fails to comply with continuing education participation, recording, or reporting requirements.
R4-23-204. Continuing Education Requirements
What can a pharmacist do if they disagree with a Board decision regarding CEUs?
A pharmacist can request a hearing before the Board if aggrieved by any decision concerning continuing education units.
Pharmacist Driven Hormonal Contraception
What statutes and regulations allow pharmacists to dispense self-administered hormonal contraceptives?
A.R.S. 32-1979.01, R4-23-204, and R4-23-407.2 allow pharmacists to dispense self- administered hormonal contraceptives pursuant to a standing order.
Pharmacist Driven Hormonal Contraception
Can someone simply walk into a pharmacy and pick up a hormonal contraceptive?
It is highly recommended that the patient contact the pharmacy. The state does not have a list of pharmacists that are trained to dispense self-administered hormonal contraceptives, and
pharmacies are not required to offer this service.
Pharmacist Driven Hormonal Contraception
Are self-administered hormonal contraceptives available over-the-counter (“OTC”) in Arizona?
A: Self-administered hormonal contraceptives may be dispensed by a pharmacist pursuant to a standing prescription order and patient completion of a self-screening risk assessment. Some
patients may have health conditions that disqualify them from receiving self-administered hormonal contraceptives dispensed by a pharmacist under the standing order. Please refer to
R4-23-407.2 for rules pertaining to dispensing self-administered hormonal contraceptives.
Pharmacist Driven Hormonal Contraception
What training is required for a pharmacist to dispense self-administered hormonal contraceptives pursuant to a standing order?
This standing order applies to trained pharmacists licensed in the State of Arizona who dispense self-administered hormonal contraceptives by utilizing the standard of care and acting
in compliance with Arizona’s Pharmacy Practice Act.
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Pursuant to R4-23-204(A)(2)(c), a pharmacist who dispenses self-administered hormonal contraceptives under a standing prescription order must participate in at least three (3) contact
hours of continuing education activity sponsored by an Approved Provider related to self- administered hormonal contraceptives prior to license renewal.
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Pursuant to R4-23-110, “Approved Provider” means an individual, institution, organization, association, corporation, or agency that is approved by the Accreditation Council for Pharmacy Education (ACPE) in accordance with ACPE’s policy and procedures or by the Board as meeting criteria indicative of the ability to provide quality continuing education.
Pharmacist Driven Hormonal Contraception
I am a pharmacist who has completed the required training. Can I immediately begin to dispense self-administered hormonal contraceptives using the statewide standing order?
Yes. However, some employers may have policies that need to be considered, and it is recommended to validate with your individual employer prior to commencing this practice.
Pharmacist Driven Hormonal Contraception
Can a pharmacist refuse to dispense hormonal contraceptives?
Yes, if a pharmacist identifies any concerns during review of the self-screening questionnaire and/or pursuant to R4-23-402(A)(7), specifically, interpreting the prescription order, which includes exercising professional judgment in determining whether to dispense a particular prescription.
32-1978. Sale of dextromethorphan; age requirement; exception; violation; civil penalty; definitions.
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A. It is prohibited for:
- Any commercial entity to knowingly or wilfully sell or trade a finished drug product containing any quantity of dextromethorphan to a person who is under eighteen years of age.
- Any person who is under eighteen years of age to purchase a finished drug product containing any quantity of dextromethorphan.
- Any person to possess, receive or distribute unfinished dextromethorphan, unless the person is registered pursuant to the federal food, drug, and cosmetic act or is appropriately licensed with the board.
32-1978. Sale of dextromethorphan; age requirement; exception; violation; civil penalty; definitions
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What must a person making a retail sale of dextromethorphan products do before completing the sale?
They must require and obtain proof of age from the purchaser unless the seller reasonably presumes the purchaser to be at least twenty-five years old based on the purchaser’s outward appearance.
32-1978. Sale of dextromethorphan; age requirement; exception; violation; civil penalty; definitions
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Does the prohibition on possessing, receiving, or distributing unfinished dextromethorphan apply to common carriers?
No, the prohibition does not apply to common carriers that possess, receive, or distribute unfinished dextromethorphan for the purpose of distributing it between persons registered under section 510 of the federal food, drug, and cosmetic act or appropriately licensed with the board.
32-1978. Sale of dextromethorphan; age requirement; exception; violation; civil penalty; definitions
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What compliance requirements are not imposed on retail entities by this section?
Retail entities are not required to place products in a specific place within a store, restrict consumer access to finished drug products, or maintain transaction records beyond manually obtaining and verifying proof of age.