New York Education Code § 6808

Registering and operating establishments
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§ 6808. Registering and operating establishments. 1. No person, firm,\ncorporation or association shall possess drugs, prescriptions or poisons\nfor the purpose of compounding, dispensing, retailing, wholesaling, or\nmanufacturing, or shall offer drugs, prescriptions or poisons for sale\nat retail or wholesale unless registered by the department as a\npharmacy, wholesaler, manufacturer or outsourcing facility.\n  2. Pharmacies.\n  a. Obtaining a registration. A pharmacy shall be registered as\nfollows:\n  (1) The application shall be made on a form prescribed by the\ndepartment.\n  (2) The application shall be accompanied by a fee of three hundred\nforty-five dollars.\n  (3) To secure and retain a registration, a pharmacy must be equipped\nwith facilities, apparatus, utensils and stocks of drugs and medicines\nsufficient to permit the prompt and efficient compounding and dispensing\nof prescriptions, as prescribed by regulation.\n  b. Renewal of registration. All pharmacy registrations shall be\nrenewed on dates set by the department. The triennial registration fee\nshall be two hundred sixty dollars or a pro rated portion thereof as\ndetermined by the department. At the time of renewal, the owner of every\npharmacy shall report under oath to the department any facts required by\nthe board of pharmacy.\n  c. Display of registration. The registration shall be conspicuously\ndisplayed at all times in the pharmacy. The names of the owner or owners\nof a pharmacy shall be conspicuously displayed upon the exterior of such\nestablishment. The names so displayed shall be presumptive evidence of\nownership of such pharmacy by such person or persons. In the event that\nthe owner of a licensed pharmacy is not a licensed pharmacist, the\npharmacy registration issued shall also bear the name of the licensed\npharmacist having personal supervision of the pharmacy. In the event\nthat such licensed pharmacist shall no longer have personal supervision\nof the pharmacy, the owner shall notify the department of such fact and\nof the name of the licensed pharmacist replacing the pharmacist named on\nthe license and shall apply for an amended registration showing the\nchange. The amended registration must be attached to the original\nregistration and displayed in the same manner. Both the owner and the\nsupervising pharmacist shall be responsible for carrying out the\nprovisions of this article.\n  d. Change of location. In the event that the location of a pharmacy\nshall be changed, the owner shall apply to the department for inspection\nof the new location and endorsement of the registration for the new\nlocation. The fee for inspection and endorsement shall be fifty dollars,\nunless it appears to the satisfaction of the department that the change\nin location is of temporary nature due to fire, flood or other disaster.\n  e. Conduct of a pharmacy. Every owner of a pharmacy is responsible for\nthe strength, quality, purity and the labeling thereof of all drugs,\ntoxic substances, devices and cosmetics, dispensed or sold, subject to\nthe guaranty provisions of this article and the public health law. Every\nowner of a pharmacy or every pharmacist in charge of a pharmacy shall be\nresponsible for the proper conduct of this pharmacy. Every pharmacy\nshall be under the immediate supervision and management of a licensed\npharmacist at all hours when open. No pharmacist shall have personal\nsupervision of more than one pharmacy at the same time.\n  f. A pharmacy as a department. When a pharmacy is operated as a\ndepartment of a larger commercial establishment, the area comprising the\npharmacy shall be physically separated from the rest of the\nestablishment, so that access to the pharmacy and drugs is not available\nwhen a pharmacist is not on duty. Identification of the area within the\npharmacy by use of the words "drugs", "medicines", "drug store", or\n"pharmacy" or similar terms shall be restricted to the area licensed by\nthe department as a pha

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