                                 CODE OF VIRGINIA

NONRESIDENT PHARMACIES TO REGISTER WITH BOARD (§ 54.1-3434.1)

A. Any pharmacy located outside the Commonwealth that ships, mails, or delivers,
in any manner, Schedule II through VI drugs or devices pursuant to a
prescription into the Commonwealth shall be considered a nonresident pharmacy,
shall be registered with the Board, shall designate a pharmacist in charge who
is licensed as a pharmacist in Virginia and is responsible for the
pharmacy&#8217;s compliance with this chapter, and shall disclose to the Board
all of the following:

   1. The location, names, and titles of all principal corporate officers and the
   name and Virginia license number of the designated pharmacist in charge, if
   applicable. A report containing this information shall be made on an annual
   basis and within 30 days after any change of office, corporate officer, or
   pharmacist in charge.

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

   3. As a prerequisite to registering or renewing a registration with the Board,
   the nonresident pharmacy shall submit a copy of a current inspection report
   resulting from an inspection conducted by the regulatory or licensing agency
   of the jurisdiction in which it is located that indicates compliance with the
   requirements of this chapter, including compliance with USP-NF standards for
   pharmacies performing sterile and non-sterile compounding. The inspection
   report shall be deemed current for the purpose of this subdivision if the
   inspection was conducted (i) no more than six months prior to the date of
   submission of an application for registration with the Board or (ii) no more
   than two years prior to the date of submission of an application for renewal
   of a registration with the Board. However, if the nonresident pharmacy has not
   been inspected by the regulatory or licensing agency of the jurisdiction in
   which it is licensed within the required period, the Board may accept an
   inspection report or other documentation from another entity that is
   satisfactory to the Board or the Board may cause an inspection to be conducted
   by its duly authorized agent and may charge an inspection fee in an amount
   sufficient to cover the costs of the inspection.

   4. For a nonresident pharmacy that dispenses more than 50 percent of its total
   prescription volume pursuant to an original prescription order received as a
   result of solicitation on the Internet, including the solicitation by
   electronic mail, that it is credentialed and has been inspected and that it
   has received certification from the National Association of Boards of Pharmacy
   that it is a Verified Internet Pharmacy Practice Site, or has received
   certification from a substantially similar program approved by the Board. The
   Board may, in its discretion, waive the requirements of this subdivision for a
   nonresident pharmacy that only does business within the Commonwealth in
   limited transactions.

   5. That it maintains its records of prescription drugs or dangerous drugs or
   devices dispensed to patients in the Commonwealth so that the records are
   readily retrievable from the records of other drugs dispensed and provides a
   copy or report of such dispensing records to the Board, its authorized agents,
   or any agent designated by the Superintendent of the Department of State
   Police upon request within seven days of receipt of a request.

   6. That its pharmacists do not knowingly fill or dispense a prescription for a
   patient in Virginia in violation of &#xA7; 54.1-3303 and that it has informed
   its pharmacists that a pharmacist who dispenses a prescription that he knows
   or should have known was not written pursuant to a bona fide
   practitioner-patient relationship is guilty of unlawful distribution of a
   controlled substance in violation of &#xA7; 18.2-248.

   7. That it maintains a continuous quality improvement program as required of
   resident pharmacies, pursuant to &#xA7; 54.1-3434.03.
   				The requirement that a nonresident pharmacy have a Virginia licensed
   pharmacist in charge shall not apply to a registered nonresident pharmacy that
   provides services as a pharmacy benefits administrator.

B. Any pharmacy subject to this section shall, during its regular hours of
operation, but not less than six days per week, and for a minimum of 40 hours
per week, provide a toll-free telephone service to facilitate communication
between patients in the Commonwealth and a pharmacist at the pharmacy who has
access to the patient&#8217;s records. This toll-free number shall be disclosed
on a label affixed to each container of drugs dispensed to patients in the
Commonwealth.

C. Pharmacies subject to this section shall comply with the reporting
requirements of the Prescription Monitoring Program as set forth in &#xA7;
54.1-2521.

D. The registration fee shall be the fee specified for pharmacies within
Virginia.

E. A nonresident pharmacy shall only deliver controlled substances that are
dispensed pursuant to a prescription, directly to the consumer or his designated
agent, or directly to a pharmacy located in Virginia pursuant to regulations of
the Board.

F. Pharmacies subject to this section shall comply with the requirements set
forth in &#xA7; 54.1-3408.04 relating to dispensing of an interchangeable
biosimilar in the place of a prescribed biological product.

G. Every nonresident pharmacy shall comply with federal requirements for an
electronic, interoperable system to identify, trace, and verify prescription
drugs as they are distributed.

HISTORY: 1990, c. 270; 1994, c. 300; 2000, c. 882; 2005, cc. 115, 637, 678;
2006, c. 397; 2008, cc. 79, 618; 2011, c. 124; 2013, cc. 412, 544, 765; 2016, c.
221.