1. (a) Investigations into complaints shall be done by pharmacy board commissioners and pharmacy board investigators in conjunction with pharmacy board counsel and the administrative prosecution unit (APU) of the NH department of justice.

2. (b) Investigations shall focus on evidence of:

   1. (1) Professional misconduct;
   2. (2) Medication errors;
   3. (3) Drug diversion;
   4. (4) Violation of federal or state law and the rules of the pharmacy board;
   5. (5) FDA recalls;
   6. (6) Noncompliance with the prescription drug monitoring program;
   7. (7) Unsanitary conditions, as per Ph 404.03 and United States Pharmacopia (USP) 797; and
   8. (8) Any condition, issue, or event related to the practice of pharmacy, pharmaceutical product, or prescriptive device that jeopardizes patient safety.

3. (c) Investigators shall be authorized by the pharmacy board to:

   1. (1) Obtain factual evidence to gain an understanding of the complaint allegations;
   2. (2) Conduct interviews with complainant, respondent, or any other person thought to have knowledge of the incident which gave rise to the complaint;
   3. (3) Issue a “QRE Report” form to a party to the complaint;
   4. (4) Request information from outside sources needed to investigate the complaint or issue identified for investigation;
   5. (5) Consult with pharmacy board counsel or the APU; and

   6. (6) Obtain any relevant information or data regarding external variables that negatively impact the safe practice of pharmacy including but not limited to:

      1. a. Working conditions;
      2. b. Staffing;
      3. c. Training;
      4. d. Facility conditions;
      5. e. Equipment;
      6. f. Power; and

      7. g. The weather.

         Source. #12997, eff 3-5-20

         Ph 2205. Follow Up to Investigations.

      8. (a) The pharmacy board administrator/chief of compliance shall follow up with a complainant as to the outcome of the investigation.
      9. (b) Unfounded investigation reports and pharmacy board actions shall be kept on file by the pharmacy board for 5 years. Founded pharmacy board actions shall be attached to the license of the pharmacist or pharmacist-in-charge and the pharmacy permit holder.

Source. #12997, eff 3-5-20