Vermont Statutes Title 26 Sec. 2032
Terms Used In Vermont Statutes Title 26 Sec. 2032
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Vermont State Board of Pharmacy. See
- Contract: A legal written agreement that becomes binding when signed.
- dispensing: means the preparation and delivery of a prescription drug pursuant to a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug. See
- Drug: means :
- Drug outlet: means all pharmacies, wholesalers, manufacturers, and other entities that are engaged in the manufacture, dispensing, delivery, or distribution of prescription drugs. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Nonprescription drugs: means nonnarcotic medicines or drugs that may be sold without a prescription and that are prepackaged for use by the consumer and labeled in accordance with the requirements of the statutes and regulations of this State and the federal government. See
- Pharmacist: means an individual licensed under this chapter. See
- Practice of pharmacy: means :
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
§ 2032. Powers; duties; limitations
(a) The Board shall adopt rules necessary for the performance of its duties, including:
(1) scope of the practice of pharmacy;
(2) qualifications for obtaining licensure;
(3) explanations of appeal and other rights given to licensees, applicants, and the public;
(4) rules regulating pharmacy technicians; and
(5) provisions for the inspection of any regulated entity or commercial location where legend drugs are manufactured or kept.
(b) The Board of Pharmacy shall supervise the practice of pharmacy in this State, including the following:
(1) the determination and issuance of standards for recognition and approval of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this State, and the specification and enforcement of requirements for practical training;
(2) the enforcement of those provisions of this chapter relating to the conduct or competence of pharmacists practicing in this State, and the suspension, revocation, or restriction of licenses to engage in the practice of pharmacy; and
(3) an internship program that shall have the following elements:
(A) a curriculum governing the internship that requires an intern to spend at least 50 percent of the internship on compounding, dispensing, or inventorying prescription drugs under the direct supervision of a licensed pharmacist, and maintaining required records;
(B) the establishment of a referral function administered by the Office of Professional Regulation whereby the Board collects information on available internships and disseminates this information to prospective interns; and
(C) allowance of up to 1,240 hours of the program to be “concurrent time” or internship time served under the supervision of, concurrent with, or part of an educational course requirement leading to a pharmacy degree, as defined by Board rule, or by equivalent service in any branch of the U.S. Armed Forces, as defined by Board rule.
(c) The Board of Pharmacy shall also have the following responsibilities in regard to medications, drugs, legend devices, and other materials used in this State in the diagnosis, mitigation, and treatment or prevention of injury, illness, and disease:
(1) the regulation of the sale, compounding, administration, and dispensing of medications, drugs, legend devices, and other materials, including the right to seize any such drugs, legend devices, and other materials found to be detrimental to the public health and welfare by the Board pursuant to an appropriate hearing as required under the Administrative Procedure Act;
(2) the specifications of minimum professional and technical equipment, environment, supplies, and procedures for the compounding or dispensing of such medications, drugs, legend devices, and other materials within the practice of pharmacy;
(3) the control of the purity and quality of such medications, drugs, legend devices, and other materials within the practice of pharmacy; and
(4) the issuance of certificates of registration and licenses of drug outlets.
(d) The Board:
(1) shall make examinations available at least twice each year and pass upon the qualifications of applicants for licensing; and
(2) may enact rules for continuing education requirements and approve continuing education programs.
(e) With the approval of the Board, the Director of the Office of Professional Regulation may employ or contract with persons as may be necessary to carry out the duties of the Board.
(f) The Board or its authorized representatives shall also have power to investigate and gather evidence concerning alleged violations of the provisions of this chapter or of the rules and regulations of the Board. The Board may take testimony under oath and may compel the attendance of witnesses and the production of tangible evidence by serving a subpoena.
(g) The Board may by rule adopt standards for creating, licensing, and operating remote pharmacies and automatic dispensing units in Vermont.
(h) It shall be lawful for a drug outlet licensed under this chapter to sell and distribute nonprescription drugs. Drug outlets engaging in the sale and distribution of such items shall not be deemed to be improperly engaged in the practice of pharmacy. A rule or regulation shall not be adopted by the Board under this chapter that shall require the sale of nonprescription drugs by a licensed pharmacist or under the supervision of a licensed pharmacist or otherwise apply to or interfere with the sale and distribution of such medicines. (Added 1977, No. 266 (Adj. Sess.), § 1; amended 1979, No. 158 (Adj. Sess.), § 4, eff. April 28, 1980; 1981, No. 244 (Adj. Sess.), § 4; 1983, No. 230 (Adj. Sess.), § 8; 1989, No. 250 (Adj. Sess.), § 4(d); 1997, No. 40, § 24; 2001, No. 127 (Adj. Sess.), § 2b, eff. June 13, 2002; 2003, No. 60, § 8; 2005, No. 148 (Adj. Sess.), § 17; 2007, No. 163 (Adj. Sess.), § 13; 2009, No. 4, § 104a, eff. April 29, 2009; 2009, No. 35, § 33; 2011, No. 66, § 6, eff. June 1, 2011; 2013, No. 27, § 23; 2019, No. 30, § 14.)