Title 26: Professions and Occupations
Chapter 36: PHARMACY
26 V.S.A. § 2032. Powers, duties, limitations
§ 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.
(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;
(3) The board shall establish an internship program which shall have the following elements by July 1, 1983, or an internship shall no longer be required:
(A) A curriculum governing the internship which 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 United States armed forces, as defined by board rule.
(c) The board of pharmacy shall also have the following responsibilities in regard to medications, drugs, 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 at retail and the dispensing of medications, drugs, devices and other materials including the right to seize any such drugs, 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, devices, and other materials within the practice of pharmacy;
(3) The control of the purity and quality of such medications, drugs, devices, and other materials within the practice of pharmacy;
(4) The issuance of certificates of registration and licenses of drug outlets;
(5) The development of criteria for a standardized tamper-resistant prescription pad that can be used by all health care providers who prescribe drugs. Such criteria shall be developed in consultation with pharmacists, hospitals, nursing homes, physicians and other prescribers, and other affected parties.
(d) The board:
(1) shall make examinations available at least twice each year and pass upon the qualifications of applicants for licensing;
(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)(1) The board may develop procedures to permit it to oversee, at no more than three locations and for no more than four years each in duration, pilot experiments for remote pharmacies. In addition, the board may develop a pilot experiment, for no more than four years in duration, to use telepharmacy to dispense prescriptions from secure automatic dispensing units at locations in Vermont recognized as a covered entity under Section 340B of the Public Health Service Act.
(2) On December 1 of each year, the board shall report to the house committee on health care and senate committee on health and welfare its findings with regard to pilot experiments initiated in the previous calendar year. If the board determines that the pilot experiments should be extended statewide, the board shall include in its final report proposed rules governing remote pharmacy and telepharmacy practice.
(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. No rule or regulation will be adopted by the board under this chapter which 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; No. 35, § 33; 2011, No. 66, § 6, eff. June 1, 2011.)