Substitute Senate Bill No. 1100

Public Act No. 99-175

An Act Concerning Technical and Other Revisions to Chapter 400j of the General Statutes and Certain Other Statutes Concerning Pharmacy.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 20-14c of the general statutes is repealed and the following is substituted in lieu thereof:

As used in this section and sections 20-14d to 20-14g, inclusive, as amended by this act, and section 20-12d:

(1) "Dispense" [means dispense, as defined in subdivision (9) of] has the same meaning as provided in section 20-571, as amended by this act.

(2) "Drug" means a legend drug, as defined in section 20-571, as amended by this act, or a controlled drug as defined in [subdivision (8) of] section 21a-240.

(3) "Prescribing practitioner" means a physician, dentist, podiatrist, optometrist, osteopath, physician assistant, advanced practice registered nurse, nurse-midwife or veterinarian licensed by the state of Connecticut and authorized to prescribe medication within the scope of [his] such person's practice.

(4) "Professional samples" means complimentary starter dose drugs packaged in accordance with federal and state statutes and regulations which are provided to a prescribing practitioner free of charge by a manufacturer or distributor and distributed free of charge by the prescribing practitioner to [his] such prescribing practitioner's patients.

Sec. 2. Section 20-14d of the general statutes is repealed and the following is substituted in lieu thereof:

Notwithstanding any [other provisions] provision of the general statutes, [to the contrary,] no drug may be dispensed by a prescribing practitioner except in accordance with the provisions of this section and sections 20-14c, 20-14f and 20-14g, as amended by this act.

Sec. 3. Subsection (c) of section 20-14e of the general statutes is repealed and the following is substituted in lieu thereof:

(c) A prescribing practitioner dispensing [such] a drug shall package the drug in containers approved by the federal Consumer Product Safety Commission, unless requested otherwise by the patient, and shall label the container with the following information: (1) The full name of the patient; [,] (2) the prescribing practitioner's full name and address; [,] (3) the date of dispensing; [,] (4) instructions for use; and (5) any cautionary statements as may be required by law.

Sec. 4. Section 20-14g of the general statutes is repealed and the following is substituted in lieu thereof:

The Commissioner of Consumer Protection, with the advice and assistance of the Commission of Pharmacy, may adopt regulations, in accordance with [the provisions of] chapter 54, to carry out the [purposes] provisions of sections 20-14c to 20-14f, inclusive, as amended by this act.

Sec. 5. Section 20-570 of the general statutes is repealed and the following is substituted in lieu thereof:

Sections 20-570 to [20-625] 20-630, inclusive, as amended by this act, may be cited as the "Pharmacy Practice Act".

Sec. 6. Section 20-571 of the general statutes is repealed and the following is substituted in lieu thereof:

As used in sections 20-570 to [20-625] 20-630, inclusive, as amended by this act, unless the context otherwise requires:

(1) "Administer" means the direct application of a drug or device to the body of a patient or research subject by injection, inhalation, ingestion or any other means;

(2) "Care-giving institution" means an institution that provides medical services and [which] is licensed, operated, certified or approved by the Commissioner of Public Health, the Commissioner of Mental Retardation or the Commissioner of Mental Health and Addiction Services;

(3) "Commission" means the Commission of Pharmacy appointed under the provisions of section 20-572, as amended by this act;

(4) "Commissioner" means the Commissioner of Consumer Protection;

(5) "Compound" means to combine, mix or put together two or more ingredients pursuant to a prescription and includes the preparation of drugs or devices in anticipation of prescriptions based on routine, regularly-observed prescribing patterns;

(6) "Correctional or juvenile training institution" means a facility for the detention or incarceration of persons convicted or accused of crimes or offenses or for training of delinquent juveniles, including those state facilities under the jurisdiction of the Commissioner of Correction, training schools for delinquent juveniles and any other facilities operated by the state or municipalities for such detention, incarceration or training;

(7) "Device" means instruments, apparatuses and contrivances, including their components, parts and accessories, intended (A) for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals, or (B) to affect the structure or any function of the body of humans or other animals, but does not mean contact lenses;

(8) "Department" means the Department of Consumer Protection;

(9) "Dispense" means those acts of processing a drug or device for delivery or for administration for a patient pursuant to a prescription consisting of: (A) Comparing the directions on the label with the directions on the prescription to determine accuracy; (B) the selection of the drug or device from stock to fill the prescription; (C) the counting, measuring, compounding or preparation of the drug or device; (D) the placing of the drug or device in the proper container; (E) the affixing of the label to the container; and (F) the addition to a written prescription of any required notations. "Dispense" does not include the acts of delivering a drug or device to a patient or of administering the drug or device to the patient;

(10) "Dispensing outpatient facility" means a facility operated by a corporation or municipality which provides medical services to patients on an outpatient basis and which maintains stocks of drugs for dispensing of drugs on a regular basis to patients for use off the premises;

(11) "Drug" means (A) an article recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary, or any supplement to any of them, (B) an article intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals, (C) an article, other than food, intended to affect the structure or any function of the body of humans or any other animal, and (D) an article intended for use as a component of any article specified in this subdivision, but does not include a device;

(12) "Institutional pharmacy" means that area within a care-giving institution or within a correctional or juvenile training institution, commonly known as the pharmacy, that is under the direct charge of a pharmacist and in which drugs are stored and dispensed;

(13) "Legend device" means a device that is required by applicable federal or state law to be dispensed pursuant only to a prescription or is restricted to use by prescribing practitioners only or that, under federal law, is required to bear either of the following legends: (A) ["CAUTION: FEDERAL LAW PROHIBITS DISPENSING WITHOUT A PRESCRIPTION."] "RX ONLY IN ACCORDANCE WITH GUIDELINES ESTABLISHED IN THE FEDERAL FOOD, DRUG AND COSMETIC ACT."; or (B) "CAUTION: FEDERAL LAW RESTRICTS THIS DEVICE FOR USE BY OR ON THE ORDER OF A LICENSED VETERINARIAN.";

(14) "Legend drug" means a drug that is required by any applicable federal or state law to be dispensed pursuant only to a prescription or is restricted to use by prescribing practitioners only, or means a drug that, under federal law, is required to bear either of the following legends: (A) ["CAUTION: FEDERAL LAW PROHIBITS DISPENSING WITHOUT A PRESCRIPTION."] "RX ONLY IN ACCORDANCE WITH GUIDELINES ESTABLISHED IN THE FEDERAL FOOD, DRUG AND COSMETIC ACT."; or (B) "CAUTION: FEDERAL LAW RESTRICTS THIS DRUG FOR USE BY OR ON THE ORDER OF A LICENSED VETERINARIAN.";

(15) "Nonlegend drug" means a drug that is not a legend drug;

(16) "Person" means an individual, corporation, business trust, estate trust, partnership, association, joint venture or any other legal or commercial entity;

(17) "Pharmacist" means an individual who is licensed to practice pharmacy under the provisions of section 20-590, 20-591, 20-592 or 20-593, as amended by this act, and who is thereby recognized as a health care provider by the state of Connecticut; [.]

(18) "Pharmacy" means a place of business where drugs and devices may be sold at retail and for which a pharmacy license has been issued to an applicant under the provisions of section 20-594, as amended by this act;

(19) "Pharmacy intern" means an individual registered under the provisions of section 20-598, as amended by this act;

(20) "Pharmacy technician" means an individual who is registered with the department and qualified in accordance with section 20-598a, as amended by this act;

(21) "Practice of pharmacy" or "to practice pharmacy" means the sum total of knowledge, understanding, judgments, procedures, securities, controls and ethics used by a pharmacist to assure optimal safety and accuracy in the distributing, dispensing and use of drugs and devices;

(22) "Prescribing practitioner" means an individual licensed by the state of Connecticut, any other state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States [and] who is authorized to issue a prescription within the scope of the individual's practice;

(23) "Prescription" means a lawful order of a prescribing practitioner transmitted either orally, in writing or by electronic means for a drug or device for a specific patient;

(24) "Sale" includes barter, exchange or gift or offer and each such transaction made by a person whether as principal proprietor, agent, servant or employee; and

(25) "Substitute" means to dispense without the prescribing practitioner's express authorization a different drug product [in place of] than the drug product prescribed.

Sec. 7. Section 20-572 of the general statutes is repealed and the following is substituted in lieu thereof:

There shall be in the [Department of Consumer Protection] department a Commission of Pharmacy which shall consist of six persons appointed by the Governor, subject to the provisions of section 4-9a, four of whom shall be pharmacists each actively engaged in the practice of pharmacy on a full-time basis during the term of [his] such person's appointment in this state and two of whom shall be public members. At least two of the pharmacist members shall be community retail pharmacists and at least one of the pharmacist members shall be a pharmacist employed on a full-time basis as a pharmacist in a hospital in the state during the term of [his] such pharmacist member's appointment. Members of the commission may be selected from lists of individuals nominated by the Connecticut Pharmacists Association or by other professional associations of pharmacists or pharmacies. Any vacancy on the commission shall be filled by the Governor.

Sec. 8. Section 20-573 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Meetings of the [Commission of Pharmacy] commission for the purpose of conducting business of the commission shall be held at the office of the commission at least six times per calendar year and at such other times and places in each year as the chairperson or a majority of the commission deems necessary.

(b) The commission shall keep a record of its proceedings. A copy of any such record, certified by the [Commissioner of Consumer Protection] commissioner, shall be admitted as evidence in any civil or criminal action in lieu of the record.

Sec. 9. Section 20-574 of the general statutes is repealed and the following is substituted in lieu thereof:

The [Commissioner of Consumer Protection] commissioner shall exercise general supervision over the operations of the [Commission of Pharmacy] commission pursuant to sections 20-570 to [20-625] 20-630, inclusive, as amended by this act.

Sec. 10. Section 20-575 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The [Commission of Pharmacy] commission shall administer and enforce the provisions of sections 20-570 to [20-625] 20-630, inclusive, as amended by this act. The commission has all powers specifically granted in the general statutes, including the powers set forth in sections 21a-7 and 21a-9, and all further powers that are reasonable and necessary to enable the commission to protect the public interest in accordance with the duties imposed by sections 20-570 to [20-625] 20-630, inclusive, as amended by this act.

(b) The commission may compel attendance of witnesses and the production of documents by subpoena and may administer oaths. If any person refuses or fails to appear, testify or produce any document when so ordered, a judge of the Superior Court may, upon application of the commission, make such order as may be appropriate to [and in the enforcement of] enforce this subsection.

(c) The commission may apply to the Superior Court for and the court may, upon hearing and for cause shown, grant a temporary or permanent injunction enjoining any person from violating any provision of sections 20-570 to [20-625] 20-630, inclusive, as amended by this act, or any regulation adopted in accordance with chapter 54 by the [Department of Consumer Protection] commissioner, with the advice and assistance of the commission, pursuant to sections 20-570 to [20-625] 20-630, inclusive, as amended by this act, irrespective of whether an adequate remedy at law exists. The commission also may apply to the Superior Court for, and the court shall have jurisdiction to grant, a temporary restraining order pending a hearing.

(d) An application to the Superior Court under subsection (b) or (c) of this section shall be brought by the Attorney General.

Sec. 11. Section 20-576 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The [Commissioner of Consumer Protection] commissioner may, with the advice and assistance of the [Commission of Pharmacy] commission, adopt regulations, in accordance with chapter 54, to govern the performance of the commission's duties, the practice of pharmacy and the business of retailing drugs and devices. Such regulations may include, but are not limited to, provisions (1) concerning the licensing of any pharmacist or pharmacy, disciplinary action that may be taken against a licensee, the conduct of a pharmacist and the operation of a pharmacy, (2) specifying various classes of pharmacy licenses issued under section 20-594, as amended by this act, including, but not limited to, licenses for infusion therapy pharmacies and nuclear pharmacies and specifying requirements for operation of pharmacies under the classes of pharmacy licenses permitted under the regulations, (3) concerning creation and maintenance of prescription records, and (4) concerning registration and activities of pharmacy interns and pharmacy technicians.

(b) The [Commissioner of Consumer Protection] commissioner shall, with the advice and assistance of the [Commission of Pharmacy] commission, adopt regulations, in accordance with chapter 54, governing (1) the storage and retrieval of prescription information for noncontrolled substances, including refills, by pharmacists through the use of electronic data processing systems or other systems for the efficient storage and retrieval of information, (2) the operation of institutional pharmacies pursuant to chapters 368a and 418, sections 17a-210 to 17a-273, inclusive, and 19a-490 to 19a-520, inclusive, and sections 20-570 to [20-625] 20-630, inclusive, as amended by this act, and (3) the activities of pharmacy technicians in pharmacies and institutional pharmacies, including ratios of pharmacy technicians to pharmacists in pharmacies and institutional pharmacies.

Sec. 12. Section 20-577 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The [Commissioner of Consumer Protection] commissioner shall employ inspectors whose duty it shall be to inspect all pharmacies and other places in which drugs and devices are or may be dispensed or retailed, and to report any violations of sections 20-570 to [20-625] 20-630, inclusive, as amended by this act, or other laws relating to drugs and devices and violations of laws regarding pharmacy licenses, nonlegend drug permits, licenses of pharmacists and supervision of pharmacy interns and pharmacy technicians.

(b) The commissioner shall inspect correctional or juvenile training institutions and care-giving institutions throughout the state with respect to the handling of drugs, shall report violations of law and make recommendations for improvements in procedures to the authority responsible for the operation of the institution and shall take such other steps as may be necessary to ensure proper and adequate storage, handling and administration of drugs in such institutions. The commissioner may also inspect dispensing outpatient facilities and institutional pharmacies and take such steps as [he] the commissioner considers appropriate to correct deficiencies found in such facilities or institutional pharmacies with respect to their operation.

Sec. 13. Section 20-578 of the general statutes is repealed and the following is substituted in lieu thereof:

Information received by the department, the commission or the Department of Public Health, [Department of Consumer Protection or Commission of Pharmacy] through filed reports or inspection or as otherwise authorized under chapters 418 and 420b and sections 20-570 to [20-625] 20-630, inclusive, as amended by this act, shall not be disclosed publicly in such a manner as to identify individuals or institutions, except in a proceeding involving the question of licensure or the right to practice. Nothing in this section shall be construed to prohibit the [Commissioner of Consumer Protection] commissioner from disclosing information gained through the inspection of pharmacies and outlets holding permits for the sale of nonlegend drugs if the commissioner considers such disclosure to be in the interest of public health.

Sec. 14. Section 20-579 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The [Commission of Pharmacy] commission may refuse to authorize the issuance or renewal of a license to practice pharmacy, a license to operate a pharmacy or a registration of a pharmacy intern or pharmacy technician, and may revoke or suspend a license to practice pharmacy, a license to operate a pharmacy, or a registration of a pharmacy intern or a pharmacy technician, and may assess a civil penalty of up to one thousand dollars or take other action permitted in subdivision (7) of section 21a-7 if the applicant or holder of the license or registration: (1) Has violated a statute or regulation relating to drugs, devices or the practice of pharmacy of this state, any state of the United States, the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or a foreign jurisdiction; (2) has been convicted of violating any criminal statute relating to drugs, devices or the practice of pharmacy of this state, any state of the United States, the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or a foreign jurisdiction; (3) has been disciplined by, or is the subject of pending disciplinary action or an unresolved complaint before, the duly authorized pharmacy disciplinary agency of any state of the United States, the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or a foreign jurisdiction; (4) has been refused a license or registration or renewal of a license or registration by any state of the United States, the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or a foreign jurisdiction based on grounds that are similar to grounds on which Connecticut could refuse to issue or renew such a license or registration; (5) has illegally possessed, diverted, sold or dispensed drugs or devices; (6) abuses or excessively uses drugs, including alcohol; (7) has made false, misleading or deceptive representations to the public or the commission; (8) has maintained exclusive telephone lines to, has maintained exclusive electronic communication with, or has exclusive access to computers located in offices of prescribing practitioners, nursing homes, clinics, hospitals or other health care facilities; (9) has substituted drugs or devices except as permitted in section 20-619, as amended by this act; (10) has accepted, for return to regular stock, any drug already dispensed in good faith or delivered from a pharmacy, and exposed to possible and uncontrolled contamination or substitution; (11) has split fees for professional services, including a discount or rebate, with a prescribing practitioner or an administrator or owner of a nursing home, hospital or other health care facility; (12) has entered into an agreement with a prescribing practitioner or an administrator or owner of a nursing home, hospital or other health care facility for the compounding or dispensing of secret formula or coded prescriptions; (13) has performed or been a party to a fraudulent or deceitful practice or transaction; (14) has presented to the commission a diploma, license or certificate illegally or fraudulently obtained, or obtained from a college or school of pharmacy not approved by the [Commission of Pharmacy] commission; (15) has performed incompetent or negligent work; (16) has falsified a continuing education document submitted to the commission or department or a certificate retained in accordance with the provisions of subsection (d) of section 20-600, as amended by this act; (17) has permitted a person not licensed to practice pharmacy in this state to practice pharmacy in violation of section 20-605, as amended by this act, to use a pharmacist license or pharmacy display document in violation of section 20-608, as amended by this act, or to use words, displays or symbols in violation of section 20-609; or (18) has failed to maintain the entire pharmacy premises, its components and contents in a clean, orderly and sanitary condition.

(b) The [Commission of Pharmacy] commission may refuse to authorize the issuance or renewal of a license to practice pharmacy, a license to operate a pharmacy or a registration of a pharmacy intern or pharmacy technician, and may revoke or suspend a license to practice pharmacy, a license to operate a pharmacy, or a registration of a pharmacy intern or a pharmacy technician, or take other action permitted in subdivision (7) of section 21a-7 if the commission determines that the applicant or holder of the license or registration has a condition including, but not limited to, physical illness or loss of skill or deterioration due to the aging process, emotional disorder or mental illness, abuse or excessive use of drugs or alcohol that would interfere with the practice of pharmacy, operation of a pharmacy or activities as a pharmacy intern or pharmacy technician, provided the commission may not, in taking action against a license or registration holder on the basis of such a condition, violate the provisions of section 46a-73 or 42 USC Section 12132 of the federal Americans with Disabilities Act.

Sec. 15. Section 20-580 of the general statutes is repealed and the following is substituted in lieu thereof:

A permit to sell nonlegend drugs issued under section 20-624, as amended by this act, may be revoked or suspended by the [Commission of Pharmacy] commission for any violation of the provisions of chapter 419 or of sections 20-570 to [20-625] 20-630, inclusive, as amended by this act, or for any violation of any federal law concerning the sale or offer for sale of any nonlegend drug, or for the violation of any regulation concerning the sale or offer for sale of any nonlegend drugs.

Sec. 16. Section 20-581 of the general statutes is repealed and the following is substituted in lieu thereof:

Any person who violates any provision of sections 20-570 to [20-625] 20-630, inclusive, as amended by this act, for the violation of which no other penalty has been provided shall be fined not more than five thousand dollars or imprisoned not more than five years or both. For purposes of this section, each instance of patient contact or consultation that is in violation of any provision of sections 20-570 to [20-625] 20-630, inclusive, as amended by this act, shall be a separate offense. Failure to renew [a license] in a timely manner any license issued under said sections is not a violation for [the] purposes of this section.

Sec. 17. Section 20-582 of the general statutes is repealed and the following is substituted in lieu thereof:

Any person (1) holding a license, permit or registration under sections 20-570 to 20-630, inclusive, as amended by this act, who has been disciplined by the commission, or (2) who has been refused a license, permit or registration under said sections or refused a renewal of a license or permit under said sections, may appeal as provided in section 4-183.

Sec. 18. Section 20-590 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The [Department of Consumer Protection] department shall, upon authorization of the [Commission of Pharmacy] commission, issue a license to practice pharmacy as a pharmacist to any individual provided the individual:

(1) Has submitted a written application on a form approved by the department;

(2) Has graduated from and received the entry-level professional pharmacy degree from a college or school of pharmacy approved by the commission;

(3) Has the professional experience as a pharmacy intern required by regulations adopted by the commissioner, with the advice and assistance of the commission, in accordance with chapter 54; [by the commissioner;]

(4) Has successfully passed the examination described under subsection (b) of this section;

(5) [Has attained] Is eighteen years of age or older at the time of the examination; and

(6) Has paid the examination fee specified in section 20-601, as amended by this act.

(b) The examination for licensure required under subsection (a) of this section shall be given by the commission at least two times each year. The commission shall, with the approval of the commissioner, determine the content and subject matter of each examination, and the place, time and date of administration of the examination.

Sec. 19. Subsection (a) of section 20-591 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) An individual who has graduated from a foreign school of pharmacy not approved by the [Commission of Pharmacy] commission may apply for a license to practice pharmacy under this section.

Sec. 20. Section 20-592 of the general statutes is repealed and the following is substituted in lieu thereof:

[(a) Except as provided in subsection (b) of this section, any] Any individual who is a licensed pharmacist in any other state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States, may be licensed to practice pharmacy in this state in accordance with regulations adopted under sections 20-570 to [20-625] 20-630, inclusive, as amended by this act, in accordance with chapter 54.

[(b) Any individual who is a licensed pharmacist in another state and who meets the requirements of the general statutes and regulations that were in effect before October 22, 1976, for licensure as a pharmacist in this state, and who graduated before June, 1985, with an undergraduate degree from a school of pharmacy located in a state that grants pharmacy licenses to holders of Connecticut pharmacy licenses on a reciprocal basis, shall be eligible for a license issued under this section if the individual (1) passes an examination required by the Commission of Pharmacy, (2) meets the requirements in regulations adopted pursuant to section 20-576 except those requirements which concern graduation from an accredited school of pharmacy, (3) graduated after October 22, 1976, and (4) has practiced pharmacy for at least three of the five years immediately preceding issuance of the license.]

Sec. 21. Section 20-593 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A license to practice pharmacy issued under the provisions of section 20-590, as amended by this act, or under the provisions of section 20-591 or 20-592, as amended by this act, and a license to practice pharmacy renewed pursuant to subsections (b) and (c) of this section shall be evidenced by a certificate issued by the [Department of Consumer Protection] department upon authorization of the [Commission of Pharmacy] commission.

(b) A license to practice pharmacy shall expire annually and may be renewed upon completion of an application on a form approved by the department, payment of the fee set forth in section 20-601, as amended by this act, and completion of continuing professional education, as required by sections 20-599 and 20-600, as amended by this act.

(c) The commission shall not grant a renewal license to an applicant who has not held a license authorized by the commission within five years of the date of application unless the applicant has passed an examination satisfactory to the commission and has paid the fee required in section 20-601, as amended by this act.

(d) In addition to the certificate of license to practice pharmacy issued under subsection (a) of this section, the [Department of Consumer Protection] department may issue a document suitable for display indicating that the individual has been issued a certificate of license to practice pharmacy.

Sec. 22. Section 20-594 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Except as limited by section 20-596, as amended by this act, a pharmacist or any other person may apply to the [Commission of Pharmacy] commission for a pharmacy license or for renewal of a pharmacy license.

(b) The applicant shall disclose on the application the name and address of the applicant and the owner of the pharmacy, the name and street and mailing address of the pharmacy and the name, address and license number of the pharmacist who manages the pharmacy. The [Commissioner of Consumer Protection] commissioner may, by regulation adopted [on] with the advice and assistance of the [Commission of Pharmacy and] commission, in accordance with chapter 54, require such other information on the application as is necessary for the [Department of Consumer Protection] department to carry out its duties under sections 20-570 to [20-625] 20-630, inclusive, as amended by this act.

(c) The [Department of Consumer Protection] department shall, after receipt of [the] an application [in] under this section, (1) issue, on authorization of the [Commission of Pharmacy] commission, a pharmacy license to an applicant for a new pharmacy on payment of the fee required in section 20-601, as amended by this act, and on satisfactory evidence to the commission that the pharmacy will be managed by a pharmacist and will be operated in accordance with the general statutes and the regulations adopted by the [Commissioner of Consumer Protection] commissioner in accordance with chapter 54, and (2) issue a renewal of a pharmacy license to an applicant on payment of the fee required in section 20-601, as amended by this act.

(d) Pharmacy licenses shall expire annually. [Licenses] Pharmacy licenses may be renewed on application and payment of the fee required in section 20-601, as amended by this act, for a period not to exceed one year.

(e) When a pharmacy is transferred to a new location the pharmacy license for such pharmacy shall terminate. A pharmacy license that has been terminated under this subsection may be renewed under the provisions of subsection (d) of this section and on satisfactory evidence to the commission that the pharmacy will be managed by a pharmacist and will be operated in accordance with the general statutes and the regulations adopted by the [Commissioner of Consumer Protection] commissioner in accordance with chapter 54.

Sec. 23. Section 20-595 of the general statutes is repealed and the following is substituted in lieu thereof:

Any corporation applying for a new or renewal pharmacy license under the provisions of section 20-594, as amended by this act, shall state in the application the names of the officers and directors of the corporation. Notice of any change in such officers or directors shall be given by the corporation to the [Commission of Pharmacy] commission within ten days after the change. [, the notice to] Such notice shall be accompanied by the filing fee set forth in section 20-601, as amended by this act. [A] Any such corporation that fails to give notice of a change in the officers or directors of the corporation within ten days of the change shall pay the late fee required in section 20-601, as amended by this act.

Sec. 24. Section 20-596 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) No prescribing practitioner, [or] spouse of a prescribing practitioner, except a spouse who is a pharmacist, or dependent child of a prescribing practitioner shall have an ownership or investment interest in a pharmacy.

(b) The provisions of this section [shall] do not apply to a prescribing practitioner or spouse or dependent child of a prescribing practitioner (1) [with] having an ownership or investment interest in a pharmacy prior to July 1, 1993, (2) who inherits an ownership or investment interest in a pharmacy, or (3) who is not required to maintain professional liability insurance pursuant to section 20-11b, provided (A) if the prescribing practitioner reinstates [his] any such professional liability insurance, [he] the prescribing practitioner shall, within thirty days of doing so, notify the Commissioner of Public Health of such reinstatement and divest [himself of] any interest [he] the prescribing practitioner may have in any pharmacy, or (B) if the interest is owned by the prescribing practitioner's spouse or dependent child, the spouse or child shall divest [himself of his interests] such interest in any pharmacy. Failure of the prescribing practitioner or the prescribing practitioner's spouse or dependent child to divest [his] any such interest in a pharmacy within thirty days shall result in the prescribing practitioner's license being suspended until such time as the prescribing practitioner [,] or the prescribing practitioner's spouse or dependent child [divest] divests such interest in the pharmacy.

(c) As used in this section, "ownership of investment interest" [shall] does not include ownership of investment securities by a prescribing practitioner, or the prescribing practitioner's spouse or dependent children, in a publicly-held corporation that is traded on a national exchange or over-the-counter market, provided the investment securities held by the prescribing practitioner, the prescribing practitioner's spouse and the prescribing practitioner's dependent children, in the aggregate, do not exceed one-half of one per cent of the total number of shares issued by the corporation.

Sec. 25. Subsection (c) of section 20-597 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) The person to whom a pharmacy license has been issued shall immediately notify the [Commission of Pharmacy] commission whenever the pharmacist who manages the pharmacy ceases such management and shall immediately enroll with the commission the name, address and license number of the pharmacist who assumes management of the pharmacy. The notice of change in management of a pharmacy required to be filed with the commission under this section shall be accompanied by the filing fee required in section 20-601, as amended by this act. The pharmacist who ceases management of the pharmacy shall also immediately notify the [Commission of Pharmacy] commission of that fact.

Sec. 26. Section 20-598 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Each individual who is employed by or is serving under the supervision of a pharmacist in a pharmacy or institutional pharmacy for the purpose of obtaining the professional experience required under the provisions of section 20-590, as amended by this act, shall register as a pharmacy intern with the [Commission of Pharmacy] commission at the time of commencing employment or service under such supervision. The applicant may not be registered as a pharmacy intern unless the applicant has successfully completed two years of college and is enrolled in a professional program at a school or college of pharmacy, accredited by the American Council on Pharmaceutical Education and approved by the [Commission of Pharmacy] commission, or has completed the requirements for graduation from such a school or college, or, if the applicant is a graduate from a foreign pharmacy school not approved by the commission, has passed a proficiency test for written and spoken English and a foreign pharmacy graduate equivalency examination. The application for registration shall be certified to, under oath, by the applicant.

(b) The fee required in section 20-601, as amended by this act, shall accompany an application for registration and an identification number and card shall be issued by the commission to the applicant. The identification number and card shall become void and shall be returned to the [Commission of Pharmacy] commission if the pharmacy intern does not complete the requirements for graduation from, or terminates enrolment at, an accredited and approved school or college of pharmacy.

Sec. 27. Section 20-598a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) No person shall act as a pharmacy technician unless registered with the [Department of Consumer Protection] department.

(b) The department shall, upon authorization of the [Commission of Pharmacy] commission, register as a pharmacy technician any person who presents evidence satisfactory to the department that such person is qualified to perform, under the direct supervision of a pharmacist, routine functions in the dispensing of drugs that do not require the use of professional judgment. The qualifications for registration as a pharmacy technician under this section shall be in accordance with (1) the standards of an institutional pharmacy, a care-giving institution or a correctional or juvenile training institution, in the case of employment in any such pharmacy or institution, or (2) the standards established by regulation adopted by the [Commissioner of Consumer Protection] commissioner in accordance with chapter 54, in the case of employment in a pharmacy. As used in this subsection, "direct supervision" means a supervising pharmacist (A) is physically present in the area or location where the pharmacy technician is performing routine drug dispensing functions and (B) conducts in-process and final checks on the pharmacy technician's performance.

(c) The fee required by section 20-601, as amended by this act, shall accompany an application for registration under this section. A registration as a pharmacy technician shall be valid for one year and may be renewed upon application and payment of the fee required by section 20-601, as amended by this act.

Sec. 28. Section 20-599 of the general statutes is repealed and the following is substituted in lieu thereof:

As used in this section and section 20-600, as amended by this act:

(1) "Accredited continuing professional education" means any education of pharmacists which is designed to maintain professional competence in the practice of pharmacy and which is provided by an organization, institution or agency approved by the [Connecticut Commission of Pharmacy] commission. Such education may include, but is not limited to, courses concerning: [the] (A) The social, economic, behavioral, legal, administrative and managerial aspects of health care; (B) the properties and actions of drugs and dosage forms; (C) the etiology, characteristics, therapeutics and prevention of the disease states; (D) the pharmaceutical monitoring and management of patients; and (E) other areas of information unique to specialized types of professional pharmacy practice;

(2) "Certificate of continuing education units" means a document issued to a pharmacist by an organization, institution or agency approved by the [Connecticut Commission of Pharmacy] commission which offers accredited continuing professional education, [and] which (A) certifies that the pharmacist has satisfactorily completed a specified number of continuing education units, [. A certificate shall bear] and (B) bears the name of such organization, institution or agency, the title of the program, the dates during which the program was conducted, the number of continuing education units satisfactorily completed and the signature of the director of such organization, institution or agency or [his] the director's authorized agent;

(3) "Continuing education unit" means ten contact hours of participation in accredited continuing professional education;

(4) "Contact hours" means fifty to sixty minutes of participation in accredited continuing professional education;

(5) "Retired pharmacist" means a pharmacist who is at least sixty-two years of age and no longer actively [practicing the profession] engaged in the practice of pharmacy; and

(6) "Inactive license" means a license that is issued, in the same manner and for the same fee as specified in this chapter for a license to practice pharmacy, to a retired pharmacist which license does not authorize the retired pharmacist to practice [his profession] pharmacy and on which the word "inactive" is printed or stamped.

Sec. 29. Section 20-600 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Except as provided in subsections (b), (c), (f) and (g) of this section, the commission shall not authorize the department to renew a license to practice pharmacy as a pharmacist unless the pharmacist applying for the renewal submits a statement signed under the penalty of false statement that [he] the pharmacist has satisfactorily completed [no] not less than fifteen contact hours of accredited continuing professional education in the previous calendar year immediately preceding expiration of the license. [No] Not less than five contact hours of the annual continuing education requirement shall be earned by attendance at a live presentation of an accredited continuing professional education program.

(b) The provisions of this section shall not apply to a pharmacist who applies for the first renewal of a license to practice pharmacy. [for the first time.]

(c) A pharmacist submitting an application for renewal of a license to practice pharmacy, whose license has lapsed and who has not held a license authorized by the commission and issued by the department for more than two years, shall submit a statement signed under the penalty of false statement that the pharmacist has satisfactorily completed the requirements of this section in each of the years in the two-year period prior to the year of the application for renewal.

(d) A pharmacist who applies for renewal of a license to practice pharmacy shall retain all certificates of approved continuing education units for a period of [no] not less than three years after the date on which such license is renewed. A pharmacist shall, upon the request of the department, and to satisfy the results of a random audit, make such certificates available to the department for purposes of verification.

(e) Continuing education units earned in one calendar year shall not be carried forward into the next calendar year for the purpose of fulfilling the subsequent year's accredited continuing professional education requirement for license renewal.

(f) A pharmacist who was unable to comply with the requirements of this section for reasons such as illness, incapacity or other extenuating circumstances may apply for a waiver of the requirements of this section or for an extension of time to fulfill the requirements of this section. A pharmacist who requests such a waiver or extension of time shall submit the request, in writing, to the department with the license renewal application. The department shall forward such a request to the commission for its consideration. If the commission waives the requirements of this section, the commission shall authorize the department to renew the license of such a pharmacist. If the commission extends the time for compliance with the requirements of this section, the commission shall authorize the department to renew the license, subject to the pharmacist's complying with the requirements of this section within the [time] extended time period. If the pharmacist fails to comply with such requirements within the [time] extended time period, the commission shall revoke or suspend the license.

(g) The commission may authorize the department to waive the requirements of this section and renew the license of a retired pharmacist provided the license is designated as an inactive license. [Such a] A retired pharmacist holding an inactive license shall be required to obtain thirty hours of continuing education, [no] not less than ten hours of which shall be earned by attendance at a live presentation, and apply for and receive a [regular] license to practice pharmacy issued pursuant to sections 20-570 to [20-625] 20-630, inclusive, as amended by this act, before [he] the retired pharmacist reenters the active practice of pharmacy.

(h) The [Commissioner of Consumer Protection] commissioner, with the advice and assistance of the commission, may adopt regulations, in accordance with [the provisions of] chapter 54, [in order] to carry out the [purposes] provisions of this section.

Sec. 30. Section 20-601 of the general statutes is repealed and the following is substituted in lieu thereof:

The [Department of Consumer Protection] department shall collect the following nonrefundable fees:

(1) The fee for issuance of a pharmacist license shall be one hundred dollars, payable at the date of application for the license.

(2) The fee for applying to take the pharmacist license examination required in section 20-590, as amended by this act, and in section 20-591, as amended by this act, shall be one hundred fifty dollars, payable at the date of application for the pharmacist license.

(3) The fee for renewal of a pharmacist license shall be the professional services fee for class A, as defined in section 33-182l. Before the commission grants a license to an applicant who has not held a license authorized by the commission within five years of the date of application, the applicant shall pay the fees required in subdivisions (1) and (2) of this section.

(4) The fee for issuance of a pharmacy license shall be six hundred dollars.

(5) The fee for renewal of a pharmacy license shall be one hundred fifty dollars.

(6) The late fee for an application for renewal of a license to practice pharmacy, a pharmacy license or a permit to sell nonlegend drugs shall be the amount set forth in section 21a-4.

(7) The fee for notice of a change in officers or directors of a corporation holding a pharmacy license shall be thirty dollars for each pharmacy license held. A late fee for failing to give such notice within ten days of the change shall be twenty-five dollars in addition to the fee for notice.

(8) The fee for filing notice of a change in name, ownership or management of a pharmacy shall be forty-five dollars. A late fee for failing to give such notice within ten days of the change shall be twenty-five dollars in addition to the fee for notice.

(9) The fee for application for registration as a pharmacy intern shall be thirty dollars.

(10) The fee for application for a permit to sell nonlegend drugs shall be seventy dollars.

(11) The fee for renewal of a permit to sell nonlegend drugs shall be fifty dollars.

(12) The late fee for failing to notify the commission of a change of ownership, name or location of the premises of a permit to sell nonlegend drugs within five days of the change shall be ten dollars.

(13) The fee for issuance of a nonresident pharmacy certificate of registration shall be six hundred dollars.

(14) The fee for renewal of a nonresident pharmacy certificate of registration shall be one hundred fifty dollars.

[(13)] (15) The fee for application for registration as a pharmacy technician shall be fifty dollars.

[(14)] (16) The fee for renewal of a registration as a pharmacy technician shall be twenty-five dollars.

Sec. 31. Section 20-605 of the general statutes is repealed and the following is substituted in lieu thereof:

No individual may engage in the practice of pharmacy unless the individual holds a current license to practice pharmacy issued by the [Department of Consumer Protection] department.

Sec. 32. Section 20-606 of the general statutes is repealed and the following is substituted in lieu thereof:

A pharmacist who conforms to the regulations of the [Commission of Pharmacy] commissioner, adopted with the advice and assistance of the commission in accordance with chapter 54, may have, use and exhibit the title "pharmacist" in the practice of pharmacy.

Sec. 33. Section 20-607 of the general statutes is repealed and the following is substituted in lieu thereof:

Each person practicing as a pharmacist, pharmacy intern or pharmacy technician shall at all times have available for inspection by an inspector of the [Department of Consumer Protection] department a current certificate of license to practice pharmacy or a current registration to act as a pharmacy intern or pharmacy technician.

Sec. 34. Section 20-608 of the general statutes is repealed and the following is substituted in lieu thereof:

A pharmacist who permits [his] such pharmacist's certificate of license or display document to be used by an unlicensed person for unlawful use shall be fined one hundred dollars and shall be subject to other disciplinary proceedings within the authority of the [Commission of Pharmacy] commission.

Sec. 35. Section 20-613 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Except as provided in subsections (b) and (d) of this section, a drug or a legend device may be dispensed pursuant to a prescription only in a pharmacy or institutional pharmacy by a pharmacist or by a pharmacy intern when acting under the direct supervision of a pharmacist.

(b) In care-giving institutions and correctional or juvenile training institutions in emergency situations when the pharmacist is not available for the dispensing of drugs or devices from the institutional pharmacy, the prescription shall be reviewed by the nursing supervisor or a physician before administration of the drug or device and recorded with the pharmacist in its original form or a copy thereof. After the required review in such emergency situations, the person authorized by the institution may dispense drugs and devices from the institutional pharmacy pursuant to regulations adopted by the [Commissioner of Consumer Protection] commissioner, with the advice and assistance of the [Commission of Pharmacy] commission, in accordance with chapter 54.

(c) A pharmacy technician in a pharmacy or an institutional pharmacy may assist, under the direct supervision of a pharmacist, in the dispensing of drugs and devices. A person whose license to practice pharmacy is under suspension or revocation shall not act as a pharmacy technician.

(d) Nothing in sections 20-570 to [20-625] 20-630, inclusive, as amended by this act, shall prevent a prescribing practitioner from dispensing [his] the prescribing practitioner's own prescriptions to [his] the prescribing practitioner's own patients when authorized within the scope of [his] the prescribing practitioner's own practice and when done in compliance with sections 20-14c to 20-14g, inclusive, as amended by this act.

Sec. 36. Section 20-614 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A prescription shall be transmitted in either an oral, written or electronic manner to a pharmacy.

(b) Whenever a pharmacy, or an institutional pharmacy in a hospital dispensing a drug or device for outpatient use or dispensing a drug or device that is prescribed for an employee of the hospital or for the employee's spouse or dependent children, receives an oral or electronically-transmitted prescription, except for a controlled drug, as defined in section 21a-240, the pharmacist or pharmacy intern shall, [no] not later than the end of the business day when the prescription was received, record the prescription on a prescription form or computerized printed record including: [the] (1) The name and address of the prescribing practitioner; (2) the date of the prescription; (3) the name, dosage form, [the] strength, where applicable, and the amount of the drug prescribed; (4) the name and address of the patient or, for veterinary prescriptions, the name and address of the owner and the species of the animal; (5) the directions for use; (6) any required cautionary statements; and (7) the number of times the prescription may be refilled, including the use of refill terms "PRN" and "ad lib" in lieu of a specific number of authorized refills.

(c) A written prescription shall bear: (1) The written signature of the prescribing practitioner or shall comply with the requirements of section 19a-509c; (2) the address of the practitioner; (3) the date of the prescription; (4) the name, dosage form, strength, where applicable, and amount of the drug prescribed; (5) the name and address of the patient or, for veterinary prescriptions, the name and address of the owner and the species of the animal; (6) the directions for use; (7) any required cautionary statements; and (8) the number of times the prescription may be refilled, including the use of refill terms "PRN" and "ad lib" in lieu of a specific number of authorized refills. No written prescription form for a schedule II substance may contain an order for any other legend drug or device.

Sec. 37. Subsection (c) of section 20-615 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) Records maintained under this section shall be made available for inspection upon request of any authorized agent of the [Commissioner of Consumer Protection] commissioner or other person authorized by law.

Sec. 38. Section 20-617 of the general statutes is repealed and the following is substituted in lieu thereof:

Each pharmacist [, licensed pursuant to section 20-590,] shall include on the label of each prescription container [,] the quantity of prescribed drug placed [therein] in such container, in addition to any other information required by law.

Sec. 39. Section 20-619 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) For the purposes of section 20-579, as amended by this act, and this section:

(1) "Brand name" means the proprietary or trade name selected by the manufacturer and placed upon a drug product, its container, label or wrapping at the time of packaging;

(2) "Generic name" means the established name designated in the official United States Pharmacopoeia/National Formulary, official Homeopathic Pharmacopoeia of the United States, or official United States adopted names or any supplement [thereof] to any of them;

(3) "Therapeutically equivalent" means drug products that are approved under the provisions of the federal Food, Drug, and Cosmetics Act for interstate distribution and that will provide essentially the same efficacy and toxicity when administered to an individual in the same dosage regimen; and

(4) "Dosage form" means the physical formulation or medium in which the product is intended, manufactured and made available for use, including, but not limited to, [: Tablets] tablets, capsules, oral solutions, aerosol, inhalers, gels, lotions, creams, ointments, transdermals and suppositories, and the particular form of any physical formulation or medium that uses a specific technology or mechanism to control, enhance or direct the release, targeting, systemic absorption, or other delivery of a dosage regimen in the body.

(b) Except as limited by subsections (c) and (e) of this section, unless the purchaser instructs otherwise, the pharmacist may substitute [the same] a generic drug product with the same strength, quantity, dose and dosage form as the prescribed drug product which is, in the pharmacist's professional opinion, therapeutically equivalent. When the prescribing practitioner is not reasonably available for consultation and the prescribed drug does not use a unique delivery system technology, the pharmacist may substitute an oral tablet, capsule or liquid form of the prescribed drug as long as the form dispensed has the same strength, dose and dose schedule and is therapeutically equivalent to the drug prescribed. The pharmacist shall inform the patient or a representative of the patient, and the practitioner of the substitution [as well as inform the practitioner of the substitution] at the earliest reasonable time.

(c) A prescribing practitioner may specify in writing or by a telephonic or other electronic communication that there shall be no substitution for the specified brand name drug product in any prescription, provided the phrase "NO SUBSTITUTION" or, for prescriptions covered by medical assistance in accordance with the Code of Federal Regulations, Title 42, Part 447.332, the phrase "BRAND MEDICALLY NECESSARY", shall be in the practitioner's handwriting on the prescription form or on an electronically-produced copy of the prescription form or, if the prohibition was communicated by telephonic or other electronic communication that did not reproduce the practitioner's handwriting, a statement to that effect appears on the form. The phrase "NO SUBSTITUTION" or "BRAND MEDICALLY NECESSARY" shall not be preprinted or stamped or initialed on the form. If the practitioner specifies by telephonic or other electronic communication that did not reproduce the practitioner's handwriting that there shall be no substitution for the specified brand name drug product in any prescription for a Medicaid recipient, written certification in the practitioner's handwriting bearing the phrase "BRAND MEDICALLY NECESSARY" shall be sent to the dispensing pharmacy within ten days.

(d) Each pharmacy shall post a sign in a location easily seen by patrons at the counter where prescriptions are dispensed stating that, "THIS PHARMACY MAY BE ABLE TO SUBSTITUTE A LESS EXPENSIVE DRUG PRODUCT WHICH IS THERAPEUTICALLY EQUIVALENT TO THE ONE PRESCRIBED BY YOUR DOCTOR UNLESS YOU DO NOT APPROVE." The printing on the sign shall be in block letters not less than one inch in height.

(e) A pharmacist may substitute a drug product under subsection (b) of this section only when there will be a savings in cost passed on to the purchaser. The pharmacist shall disclose the amount of the savings at the request of the patient.

(f) Except as provided in subsection (g) of this section, when a pharmacist dispenses a substitute drug product as authorized by subsection (b) of this section, the pharmacist shall label the prescription container with the name of the dispensed drug product. If the dispensed drug product does not have a brand name, the prescription label shall indicate the generic name of the drug product dispensed along with the name of the drug manufacturer or distributor.

(g) A prescription dispensed by a pharmacist shall bear upon the label the name of the drug in the container unless the prescribing practitioner writes "DO NOT LABEL", or words of similar import, on the prescription or so designates in an oral or electronic transmission of the prescription.

(h) Neither the failure to instruct by the purchaser as provided in subsection (b) of this section nor the fact that a sign has been posted as provided in subsection (d) of this section shall be a defense on the part of a pharmacist against a suit brought by any such purchaser.

(i) The [Commissioner of Consumer Protection] commissioner, with the advice and assistance [from] of the [Commission of Pharmacy] commission, shall adopt regulations, in accordance with chapter 54, to carry out the [purposes] provisions of this section.

Sec. 40. Section 20-622 of the general statutes is repealed and the following is substituted in lieu thereof:

When the therapeutic needs of a patient require that medication be initiated immediately and the services of a licensed pharmacy are not available within a five-mile radius of a hospital emergency room, a person associated with such hospital authorized to dispense medication may dispense up to a twenty-four hour supply of medication, excluding controlled substances, to such patient. Such dispensing shall be authorized by a verbal order of a licensed practitioner. For purposes of this section, "licensed practitioner" means a physician on the staff of such hospital or other [licensed] prescribing practitioner [, as defined in section 20-184a,] associated with such hospital who has examined such patient and determined [his] the patient's therapeutic needs.

Sec. 41. Subsection (a) of section 20-623 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) No nonlegend drug may be sold at retail except at a pharmacy or at a store that has obtained from the [Commission of Pharmacy] commission a permit to sell nonlegend drugs. Nonlegend drugs shall be labeled and packaged in accordance with state and federal law.

Sec. 42. Section 20-624 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any person may apply to the commission for a permit to sell nonlegend drugs.

(b) The commission may, in accordance with regulations adopted under sections 20-570 to [20-625] 20-630, inclusive, as amended by this act, in accordance with chapter 54, and on payment of the fee required in section 20-601, as amended by this act, issue to an applicant a permit to sell nonlegend drugs for one year.

(c) A permit that has expired under this section may be renewed, on application and payment of the renewal fee and any late fee required in section 20-601.

(d) The holder of a permit to sell nonlegend drugs shall notify the commission of a change of ownership, name or location of the permit premises. Any holder who fails to notify the commission of such change within five days of the change shall pay the late fee required in section 20-601.

(e) Any nonlegend drug permit issued by the commission pursuant to this section is nontransferable.

Sec. 43. Section 20-625 of the general statutes is repealed and the following is substituted in lieu thereof:

Nothing in sections 20-570 to [20-624] 20-630, inclusive, as amended by this act, shall be construed to prohibit the sale of veterinary drugs that are nonlegend drugs by any person who holds a permit to sell nonlegend drugs.

Sec. 44. Subsection (b) of section 20-626 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Notwithstanding subsection (a) of this section, a pharmacist or pharmacy may provide pharmacy records or information to the following: (1) The patient; (2) the prescribing [licensed] practitioner or a pharmacist or another [licensed] prescribing practitioner presently treating the patient when deemed medically appropriate; (3) a person registered or licensed pursuant to chapter 378 who is acting as an agent for a [licensed] prescribing practitioner that is presently treating the patient or a person registered or licensed pursuant to chapter 378 providing care to the patient in a hospital; (4) third party payors who pay claims for pharmaceutical services rendered to a patient or who have a formal agreement or contract to audit any records or information in connection with such claims; (5) any governmental agency with statutory authority to review or obtain such information; (6) any individual, the state or federal government or any agency thereof or court pursuant to a subpoena; and (7) any individual, corporation, partnership or other legal entity which has a written agreement with a pharmacy to access the pharmacy's database provided the information accessed is limited to data which does not identify specific individuals.

Sec. 45. Section 20-627 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) As used in sections 20-627 to 20-630, inclusive, [: "Nonresident pharmacy"] as amended by this act, "nonresident pharmacy" means any pharmacy located outside this state which ships, mails or delivers, in any manner, legend devices or legend drugs [, as defined in subdivisions (13) and (14) of section 20-184a, respectively,] into this state pursuant to a prescription order.

(b) A nonresident pharmacy shall be registered with the [Department of Consumer Protection] department, upon approval of the [Commission of Pharmacy] commission, and shall:

(1) Disclose annually in a report to the [Commission of Pharmacy] commission the location, names and titles of all principal corporate officers, if applicable, and all pharmacists who are dispensing drugs or devices to residents of this state. A nonresident pharmacy shall file an additional report within thirty days after any change of office, corporate officer or pharmacist.

(2) Submit a statement that [it] the nonresident pharmacy complies with all lawful directions and requests for information from the regulatory or licensing agency of the state in which it is licensed as well as comply with all requests for information made by the [Commission of Pharmacy] commission pursuant to this section.

(3) Maintain at all times, a valid unexpired license, permit or registration to conduct such pharmacy in compliance with the laws of the state in which [it] the nonresident pharmacy is located.

(4) Before receiving a certificate of registration from the [Department of Consumer Protection] department, submit a copy of the most recent inspection report resulting from an inspection conducted by the regulatory or licensing agency of the state in which [it] the nonresident pharmacy is located.

[(b)] (c) A nonresident pharmacy 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 number to facilitate communication between patients in this state and a pharmacist at such nonresident pharmacy who has access to the patient's records. Such toll-free telephone number shall be disclosed on a label affixed to each container of drugs dispensed to patients in this state.

[(c) The nonresident pharmacy certificate of registration fee and renewal fee shall be the same as the pharmacy license and renewal fees specified in subdivisions (4) and (5) respectively of section 20-601.]

Sec. 46. Section 20-628 of the general statutes is repealed and the following is substituted in lieu thereof:

No nonresident pharmacy shall engage in the business of shipping, mailing or delivering legend devices or legend drugs [, as defined in subdivisions (13) and (14) of section 20-184a, respectively,] in this state unless such nonresident pharmacy has been issued a certificate of registration by the [Commission of Pharmacy] commission and has paid the fee for issuance or renewal of such certificate of registration required in section 20-601, as amended by this act. Applications for a certificate of registration as a nonresident pharmacy shall be made on a form furnished by the [Commission of Pharmacy] commission. The [Commission of Pharmacy] commission may require such information as it deems reasonably necessary to carry out the purpose of this section.

Sec. 47. Section 20-629 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The [Commission of Pharmacy] commission may deny, revoke or suspend any certificate of registration as a nonresident pharmacy for failure to comply with any requirement of sections 20-627 to 20-630, inclusive, as amended by this act.

(b) The [Commission of Pharmacy] commission may deny, revoke or suspend any certificate of registration as a nonresident pharmacy for conduct which causes serious bodily or serious psychological injury to a resident of this state if the [Commission of Pharmacy] commission has referred the matter to the regulatory or licensing agency in the state in which the nonresident pharmacy is located and such regulatory or licensing agency fails to (1) initiate an investigation within forty-five days of referral, (2) complete its investigation within one hundred twenty days of referral, (3) resolve the referral through formal agreement, settlement or decision within one hundred eighty days, or (4) initiate disciplinary proceedings when such proceedings are determined to be necessary in the judgment of the regulatory or licensing agency in the state in which the nonresident pharmacy is located.

Sec. 48. Section 20-630 of the general statutes is repealed and the following is substituted in lieu thereof:

It shall be unlawful for any nonresident pharmacy which has not been issued a certificate of registration pursuant to section 20-628, as amended by this act, to advertise its services in this state, or for any person who is a resident of this state to advertise the pharmacy services of a nonresident pharmacy which has not received a certificate of registration from the [Commission of Pharmacy] commission, with the knowledge that the advertisement will or is likely to induce members of the public in this state to use the pharmacy to dispense prescription orders.

Sec. 49. Subsection (g) of section 21a-243 of the general statutes is repealed and the following is substituted in lieu thereof:

(g) When a drug [which] that is not a controlled substance in schedule I, II, III, IV or V, as designated in the Connecticut controlled substance scheduling regulations, is designated to be a controlled substance under the federal Controlled Substances Act, such drug shall be considered to be controlled at the state level in the same numerical schedule for a period of [one hundred twenty] two hundred forty days from the effective date of the federal classification.

Sec. 50. Section 21a-318 of the general statutes is repealed and the following is substituted in lieu thereof:

An application for registration pursuant to this chapter shall be made upon a form provided by the Commissioner of Consumer Protection and shall be accompanied by a fee of twenty-five dollars for biennial licensure, except that [in the case of a licensed wholesaler, licensed manufacturer, licensed or registered laboratory, municipal, state or federal employee, said fee shall be waived. This exception shall not apply to a practitioner privately employed who is also employed in any capacity by a municipality, this state or the federal government] a practitioner who obtains such registration pursuant to the practitioner's employment with a municipality, this state or the federal government shall not be required to pay the fee.

Approved June 23, 1999

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