90-85.40. Violations.
(a) It shall be unlawful for any owner or manager of a pharmacy or other place to allow or cause anyone other than a pharmacist to dispense or compound any prescription drug unless that person is a pharmacy technician or a pharmacy student who is enrolled in a school of pharmacy approved by the Board and is working under the supervision of a pharmacist.
(b) Every person lawfully authorized to compound or dispense prescription drugs shall comply with all the laws and regulations governing the labeling and packaging of such drugs by pharmacists.
(c) It shall be unlawful for any person not licensed as a pharmacist to compound or dispense any prescription drug, unless that person is a pharmacy technician or a pharmacy student who is enrolled in a school of pharmacy approved by the Board and is working under the supervision of a pharmacist.
(d) It shall be unlawful for any person to manage any place of business where devices are dispensed or sold at retail without a permit as required by this Article.
(d1) It is unlawful for a person to own or manage a place of business from which medical equipment is delivered without a permit as required by this Article.
(e) It shall be unlawful for any person without legal authorization to dispose of an article that has been embargoed under this Article.
(f) It shall be unlawful to violate any provision of this Article or of any rules or regulations enacted pursuant to it.
(g) This Article shall not be construed to prohibit any person from performing an act that person is authorized to perform pursuant to North Carolina law. Health care providers who are authorized to prescribe drugs without 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.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 90 - Medicine and Allied Occupations
Article 4A - North Carolina Pharmacy Practice Act.
§ 90-85.2 - Legislative findings.
§ 90-85.3A - Practice of pharmacy.
§ 90-85.4 - North Carolina Pharmaceutical Association.
§ 90-85.5 - Objective of Pharmaceutical Association.
§ 90-85.6 - Board of Pharmacy; creation; membership; qualification of members.
§ 90-85.7 - Board of Pharmacy; selection; vacancies; commission; term; per diem; removal.
§ 90-85.10 - Employees; Executive Director.
§ 90-85.11 - Compensation of employees.
§ 90-85.11A - Acquisition of real property; equipment; liability insurance.
§ 90-85.12 - Executive Director to make investigations and prosecute.
§ 90-85.13 - Approval of schools and colleges of pharmacy.
§ 90-85.14 - Practical experience program.
§ 90-85.15A - Pharmacy technicians.
§ 90-85.15B - Immunizing pharmacists.
§ 90-85.18 - Approval of continuing education programs.
§ 90-85.20 - Licensure without examination.
§ 90-85.21A - Applicability to out-of-state operations.
§ 90-85.21B - Unlawful practice of pharmacy.
§ 90-85.21C - Pharmacy permit exemption for dispensing and delivery of home renal products.
§ 90-85.22 - Device and medical equipment permits; exemptions.
§ 90-85.23 - License and permit to be displayed.
§ 90-85.24 - Fees collectible by Board.
§ 90-85.25 - Disasters and emergencies.
§ 90-85.26A - Clinical pharmacist practitioners subcommittee.
§ 90-85.29 - Prescription label.
§ 90-85.30 - Prescription record.
§ 90-85.31 - Prescriber and pharmacist liability not extended.
§ 90-85.33 - Unit dose medication systems.
§ 90-85.34 - Unique pharmacy practice.
§ 90-85.34A - Public health pharmacy practice.
§ 90-85.35 - Availability of patient records.
§ 90-85.36 - Availability of pharmacy records.
§ 90-85.38 - Disciplinary authority.
§ 90-85.39 - Injunctive authority.
§ 90-85.44 - Drug, Supplies, and Medical Device Repository Program established.