Resident In State Pharmacy
Responsibility for conformance with all laws and regulations applicable to the conduct of a pharmacy is placed upon the ownership of the pharmacy and upon a licensed pharmacist who is designated by the owner as the Supervising Pharmacist (Pharmacist in Charge). Both must sign the application for the registration and registration renewal of a pharmacy. It is the Supervising Pharmacist who is looked up upon as the knowledgeable person who will direct and control the practice of pharmacy in the registered pharmacy. The direction and controls extends to all persons associated with the pharmacy. The Supervising Pharmacist oversees the practice of other employed pharmacists and insures that unlicensed persons do not engage in unlawful activity [see Rules of the Board of Regents Part 29.7 (a) (22)].
A pharmacist may be designated the Supervisor of only one pharmacy or other registered establishment [see Education Law 6808 (2)(e)] and must be employed as a practicing pharmacist full time (30 or more hours per week) [see Rules of the Board of Regents Part 29.7 (a)(10)]. The pharmacist's role must be an active one in the conduct of the pharmacy and not a passive one.
The Supervising Pharmacist may not assign his/her responsibility to others.
The Supervising Pharmacist must be aware of all laws and regulations and must instruct and direct others in order to insure compliance. A Supervising Pharmacist who ceases to serve in that capacity should notify the Board immediately for their own protection. It is the responsibility of the ownership to designate a successor [see Education Law 6808(2)(c) and Rules of the Board of Regents Section 29.7(a)(10)].
The responsibilities of the Supervising Pharmacist include, but are not limited to, the following:
- Keep in proper form all records required relating to the purchase and dispensing of all prescription required drugs including controlled substance requirements.
- Eliminate from stock all misbranded and adulterated drugs including outdated drugs and drugs not properly labeled.
- Provide for the proper storage of drugs in order to prevent loss or deterioration.
- Insure coverage of the pharmacy by licensed pharmacists.
- Insure against unauthorized refills of prescriptions and unauthorized sale of legend drugs.
- Insure against unauthorized entry into the pharmacy's dispensing and compounding area and insure appropriate security.
A pharmacist who is unable or unwilling to assume the responsibilities of the title of Supervising Pharmacist should not accept this appointment.
Duties of a Supervising Pharmacist (Reference - Education Law 6808)
- Supervise the storage, sale, dispensing or compounding of drugs, poisons and restricted devices (i.e., hypodermis needles and syringes).
- Instruct ALL employees, either orally or in writing, at regular intervals relative to the appropriate activities in connection with the practice of pharmacy.
- When a Supervising Pharmacist is to be absent from a pharmacy at any time, he/she should be certain that another qualified pharmacist is present during his/her absence as provided under Education Law.
- Be certain that the pharmacy is properly registered and operating in accordance with the present laws, rules and regulations.
- Use "reasonable" means to determine that the drugs being held for sale meet established standards (federal and state).
- Issue verbal and written notice to each of his/her subordinates concerning the laws, rules and regulations (federal, state, and local) relative to proper pharmacy practice.
- Insure that no prescription required drugs or devices are sold at wholesale unless the pharmacy possesses a New York State Board of Pharmacy wholesaler registration.
Rules of the Board of Regents 29.7(a)(10)
Unprofessional conduct in the practice of pharmacy shall include the following:
(10) Failure by a supervising pharmacist to provide adequate supervision of a registered establishment. A supervising pharmacist must be a full-time employee of the establishment. For the purposes of this section, full-time shall be deemed to be 30 or more hours per week. In those circumstances in which an establishment operates for less than 30 hours per week, the supervising pharmacist shall be employed for a majority of the hours that the establishment operates. The State Board of Pharmacy shall be notified within seven days of any change in the identity of the supervising pharmacist of a registered establishment. Such notification shall be made by the owner of the registered establishment.