2006 Code of Virginia § 54.1-3434.1 - Nonresident pharmacies to register with Board

54.1-3434.1. Nonresident pharmacies to register with Board.

A. Any pharmacy located outside the Commonwealth that ships, mails, ordelivers, in any manner, Schedule II through VI drugs or devices pursuant toa prescription into the Commonwealth shall be considered a nonresidentpharmacy, shall be registered with the Board, and shall disclose to the Boardall of the following:

1. The location, names, and titles of all principal corporate officers andall pharmacists who are dispensing prescription drugs or devices to residentsof the Commonwealth. A report containing this information shall be made on anannual basis and within 30 days after any change of office, corporateofficer, or principal pharmacist.

2. That it maintains, at all times, a current unrestricted license, permit,certificate, or registration to conduct the pharmacy in compliance with thelaws of the jurisdiction, within the United States or within anotherjurisdiction that may lawfully deliver prescription drugs directly orindirectly to consumers within the United States, in which it is a resident.The pharmacy shall also certify that it complies with all lawful directionsand requests for information from the regulatory or licensing agency of thejurisdiction in which it is licensed as well as with all requests forinformation made by the Board pursuant to this section.

As a prerequisite to registering with the Board, the nonresident pharmacyshall submit a copy of the most recent inspection report resulting from aninspection conducted by the regulatory or licensing agency of thejurisdiction in which it is located. The inspection report shall be deemedcurrent if the inspection was conducted within the past five years. However,if the nonresident pharmacy has not been inspected by the regulatory orlicensing agency of the jurisdiction in which it is licensed within the pastfive years, the Board may accept an inspection report or other documentationfrom another entity that is satisfactory to the Board or the Board may causean inspection to be conducted by its duly authorized agent and may charge aninspection fee in an amount sufficient to cover the costs of the inspection.

3. That it maintains its records of prescription drugs or dangerous drugs ordevices dispensed to patients in the Commonwealth so that the records arereadily retrievable from the records of other drugs dispensed and provides acopy or report of such dispensing records to the Board, its authorizedagents, or any agent designated by the Superintendent of the Department ofState Police upon request within seven days of receipt of a request.

4. That its pharmacists do not knowingly fill or dispense a prescription fora patient in Virginia in violation of 54.1-3303.

B. Any pharmacy subject to this section shall, during its regular hours ofoperation, but not less than six days per week, and for a minimum of 40 hoursper week, provide a toll-free telephone service to facilitate communicationbetween patients in the Commonwealth and a pharmacist at the pharmacy who hasaccess to the patient's records. This toll-free number shall be disclosed ona label affixed to each container of drugs dispensed to patients in theCommonwealth.

C. Pharmacies subject to this section shall comply with the reportingrequirements of the Prescription Monitoring Program as set forth in 54.1-2521.

D. The registration fee shall be the fee specified for pharmacies withinVirginia.

E. A nonresident pharmacy shall only deliver controlled substances that aredispensed pursuant to a prescription, directly to the consumer or hisdesignated agent, or directly to a pharmacy located in Virginia pursuant toregulations of the Board.

(1990, c. 270; 1994, c. 300; 2000, c. 882; 2005, cc. 115, 637, 678; 2006, c.397.)