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North Carolina News: Item 2141 - Internet Pharmacy Rule Now Effective
Reprinted from the July 2007 North Carolina Board of Pharmacy Newsletter.
Effective April 1, 2007, pharmacies that satisfy the definition of an “Internet pharmacy” must comply with substantial new requirements to receive or renew a pharmacy permit.
21 NCAC 46.1317 defines an “Internet Pharmacy” as follows:
(a) A pharmacy that maintains an Internet web site for the purpose of selling or distributing prescription drugs; or
(b) A pharmacy that uses the Internet, either itself, or through agreement with a third party, to communicate with or obtain information from patients; uses such communication or information, in whole or in part, to solicit, fill or refill prescriptions; or uses such communication or information, in whole or in part, to otherwise engage in the practice of pharmacy.
Notwithstanding sub-items (a) and (b) above, a pharmacy shall not be deemed an Internet pharmacy if it maintains an Internet website for the following purposes only:
(i) Mere advertisements that do not attempt to facilitate, directly or through agreement with a third party, an actual transaction involving a prescription drug;
(ii) To allow a patient to communicate a request for a refill of a legitimate prescription originally filled by the pharmacy that maintains the Internet web site;
(iii) To allow a customer to research drug interactions and clinical pharmacology information; or
(iv) To allow a patient to send an electronic mail message to a pharmacist licensed in North Carolina.
21 NCAC 46.1601(d) provides:
(d) In addition to all of the other requirements for issuance and renewal of a pharmacy permit imposed by statute and rules of the Board, the Board shall not issue any original or annual renewal pharmacy permit to any Internet pharmacy until the Board is satisfied that:
(1) The Internet pharmacy is certified by the National Association of Boards of Pharmacy as a Verified Internet Pharmacy Practice Site (VIPPS);
(2) The Internet pharmacy has certified the percentage of its annual business conducted via the Internet on a form required by the Board, when it applies for permit or renewal; and
(3) The Internet pharmacy has provided the Board with the names, addresses, social security numbers, phone numbers, facsimile numbers, email addresses, and titles of all principal corporate officers of the Internet pharmacy; the names, addresses, social security numbers, phone numbers, facsimile numbers, email addresses, and titles of all principal officers of any company, partnership, association, or other business entity holding any ownership interest in the Internet pharmacy; the names, addresses, social security numbers, phone numbers, facsimile numbers, email addresses, and titles of any individual holding any ownership interest in the Internet pharmacy.
This Paragraph does not relieve an out-of-state pharmacy from compliance with all provisions of 21 NCAC 46 .1607 governing out-of-state pharmacies.
Pharmacists who would like more information about obtaining VIPPS® accreditation should visit the NABP Web site: www.nabp.net.
