§ 43-15-35 — Requirements for permit to operate pharmacy - Exceptions

1. The board shall issue a permit to operate a pharmacy, or a renewal permit, upon
satisfactory proof of all of the following:
a. The pharmacy will be conducted in full compliance with existing laws and with the
rules and regulations established by the board.
b. The equipment and facilities of the pharmacy are such that prescriptions can be
filled accurately and properly, and United States pharmacopeia and national
formulary preparations properly compounded and so that it may be operated and
maintained in a manner that will not endanger public health and safety.
c. The pharmacy is equipped with proper pharmaceutical and sanitary appliances
and kept in a clean, sanitary, and orderly manner.
d. The management of the pharmacy is under the personal charge of a pharmacist
duly licensed under the laws of this state.
e. The applicant for such permit is qualified to conduct the pharmacy, and is a
licensed pharmacist in good standing or is a partnership, each active member of
which is a licensed pharmacist in good standing; a corporation or an association,
the majority stock in which is owned by licensed pharmacists in good standing; or
a limited liability company, the majority membership interests in which is owned
by licensed pharmacists in good standing, actively and regularly employed in and
responsible for the management, supervision, and operation of such pharmacy.
f. Suitable reference sources either in book or electronic data form, are available in
the pharmacy or online, which might include the United States pharmacopeia and
national formulary, the United States pharmacopeia dispensing information, facts
and comparisons, micro medex, the American society of health-system
pharmacists formulary, or other suitable references pertinent to the practice
carried on in the licensed pharmacy.
2. The provisions of subdivision e of subsection 1 do not apply to:
a. The holder of a permit on July 1, 1963, if otherwise qualified to conduct the
pharmacy, provided that any such permitholder that discontinues operations
under such permit or fails to renew such permit upon expiration is not exempt
from the provisions of subdivision e of subsection 1 as to the discontinued or
lapsed permit.
b. A hospital pharmacy furnishing service only to patients in that hospital.
c. The applicant for a permit to operate a pharmacy which is a hospital, if the
pharmacy for which the hospital seeks a permit to operate is a retail pharmacy
that is the sole provider of pharmacy services in the community and is a retail
pharmacy that was in existence before the hospital took over operations. A
hospital operating a pharmacy under this subdivision may operate the pharmacy
at any location in the community.
d. The applicant for a permit to operate a pharmacy which is the owner of a
postgraduate medical residency training program if the pharmacy is collocated
with and is run in direct conjunction with the postgraduate medical residency
training program. For purposes of this subdivision, the postgraduate medical
residency training program must be accredited by the accreditation council on
graduate medical education or other national accrediting organization.