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2005 SESSION
050171116Be it enacted by the General Assembly of Virginia:
1. That §§ 54.1-3434.1 through 54.1-3434.4 of the Code of Virginia are amended and reenacted as follows:
§ 54.1-3434.1. Nonresident pharmacies to register with Board.
A. Any pharmacy located outside thisthe
Commonwealth which ships, mails, or delivers, in any manner, Schedule II
through VI drugs or devices pursuant to a prescription into thisthe
Commonwealth shall be considered a nonresident pharmacy, shall be registered
with the Board, and shall disclose to the Board all of the following:
1. The location, names, and titles of all principal corporate
officers and all pharmacists who are dispensing prescription drugs or devices
to residents of thisthe
Commonwealth. A report containing this information shall be made on an annual
basis and within thirty 30 days
after any change of office, corporate officer, or principal pharmacist.
2. That it complies with all lawful directions and requests
for information from the regulatory or licensing agency of the Commonwealthjurisdiction
in which it is licensed as well as with all requests for information made by
the Board pursuant to this section. The nonresident pharmacy shall maintain, at
all times, a valid unexpiredcurrent unrestricted
license, permit, certificate, or
registration to conduct the pharmacy in compliance with the laws of the statejurisdiction,
within the United States or within another jurisdiction that may
lawfully deliver prescription drugs directly or indirectly to consumers within
the United States, in which it is a resident. As a prerequisite to
registering with the Board, the nonresident pharmacy shall submit a copy of the
most recent inspection report resulting from an inspection conducted by the
regulatory or licensing agency of the statejurisdiction
in which it is located.
3. That it maintains its records of prescription drugs or
dangerous drugs or devices dispensed to patients in thisthe
Commonwealth so that the records are readily retrievable from the records of
other drugs dispensed and provides a copy or report of such dispensing records
to the Board, its authorized agents, or any agent designated by the
Superintendent of the Department of State Police upon request within seven days
of receipt of a request.
4. That its pharmacists do not knowingly fill or dispense a prescription for a patient in Virginia in violation of § 54.1-3303.
B. Any pharmacy subject to this section shall, during its
regular hours of operation, but not less than six days per week, and for a
minimum of forty hours per week, provide a toll-free telephone service to
facilitate communication between patients in thisthe
Commonwealth and a pharmacist at the pharmacy who has access to the patient's
records. This toll-free number shall be disclosed on a label affixed to each
container of drugs dispensed to patients in thisthe
Commonwealth.
C. The registration fee shall be the fee specified for pharmacies within Virginia.
D. A nonresident pharmacy shall only deliver controlled substances, that are dispensed pursuant to a prescription, directly to the consumer or his designated agent, or directly to a pharmacy located in Virginia pursuant to regulations of the Board.
§ 54.1-3434.2. Permit to be issued.
No out-of-state pharmacy doing business in this
Commonwealth which has not obtained a permit shall conduct the business of
selling or distributing drugs in Virginia without registering as a nonresident
pharmacy.The Board shall only register nonresident
pharmacies that maintain a current unrestricted license, certificate, permit, or registration as a pharmacy in a jurisdiction within the United States, or
within another jurisdiction that may lawfully deliver prescription drugs
directly or indirectly to consumers within the United States.
Applications for a nonresident pharmacy registration, under this section, shall be made on a form furnished by the Board. The Board may require such information as it deems is necessary to carry out the purpose of the section.
The permit or nonresident pharmacy registration shall be renewed annually on or before January 1 of each year.
§ 54.1-3434.3. Denial, revocation, suspension of registration, summary proceedings.
The Board may deny, revoke, or suspend a nonresident pharmacy
registration for conduct which causes serious bodily or serious psychological
injury to a resident of the Commonwealth if the Board has
referred the matter to the regulatory or licensing agency in the state in which
the pharmacy is located and the regulatory or licensing agency fails to
initiate an investigation within forty-five days of the referral.
The Board shall immediately suspend, without a hearing, the registration of any nonresident pharmacy upon receipt of documentation by the licensing agency in the jurisdiction where a nonresident pharmacy registered with the Board is located, that the nonresident pharmacy has had its license, certificate, permit, or registration as a pharmacy revoked or suspended by that agency and has not been reinstated, or if the Board has received notification from the licensing agency that the pharmacy in the resident state no longer holds a valid unexpired license, permit, certificate, or registration as a pharmacy. The Board shall provide written notice of the suspension to the nonresident pharmacy at the address of record on file with the Board and to the resident-state licensing agency. The nonresident pharmacy may apply for reinstatement of the registration only after it has been reinstated by and holds a current and unrestricted license, certificate, permit, or registration as a pharmacy from the licensing agency in the jurisdiction where it is located. Such nonresident pharmacy shall be entitled to a hearing not later than the next regular meeting of the Board after the expiration of 30 days from the receipt of such application, and shall have the right to be represented by counsel and to summon witnesses to testify on its behalf.
The Board may summarily suspend the registration of any nonresident pharmacy without a hearing, simultaneously with the institution of proceedings for a hearing, if it finds that there is a substantial danger to the public health or safety that warrants such action. The Board may meet by telephone conference call when summarily suspending the registration if a good faith effort to assemble a quorum of the board has failed and, in the judgment of a majority of the members of the board, the continued dispensing by the nonresident pharmacy constitutes a substantial danger to the public health or safety. Institution of proceedings for a hearing shall be provided simultaneously with the summary suspension. The hearing shall be scheduled within a reasonable time of the date of the summary suspension. The Board may consider other information concerning possible violations of Virginia law at a hearing, if reasonable notice is given to such nonresident pharmacy of the information.
A nonresident pharmacy with a suspended registration shall not ship, mail, or deliver any Schedule II through VI drugs into the Commonwealth unless reinstated by the Board.
The Board may refer complaints concerning nonresident pharmacies to the regulatory or licensing agency in the jurisdiction where the pharmacy is located. The Board may take other disciplinary action against a nonresident pharmacy in accordance with §§ 54.1-2400 and 54.1-3316 following notice and the opportunity for a hearing.
§ 54.1-3434.4. Prohibited acts.
It is unlawful for any nonresident
pharmacy person or entity
which is not registered under this article to (i) conduct
the business of shipping, mailing, or otherwise delivering Schedule II through
VI controlled substances into
Virginia or (ii)
advertise its services in
Virginia the availability for
purchase of any Schedule II through VI controlled substances by any citizen of
the Commonwealth. or Further, it shall be unlawful for any
person who is a resident of Virginia to advertise the pharmacy services of a
nonresident pharmacy which has not registered with the Board, with the
knowledge that the advertisement will or is likely to induce members of the
public in the Commonwealth to use the pharmacy to dispense
prescriptionsobtain controlled substances.