I. No person shall act as a prescription drug or device distribution agent, which includes controlled drugs as the term is defined in N.H. Rev. Stat. § 318-B:1, VI, without first having obtained a license to do so from the office of professional licensure and certification according to the eligibility requirements set forth in rule by the pharmacy board.
II. Any person licensed pursuant to this section shall be subject to the provisions of N.H. Rev. Stat. § 318:29.
III. For purposes of this section:
(a) A drug or device distribution agent shall include virtual manufacturers, virtual wholesaler distributors, jobbers or brokers (including sales/marketing offices), and third-party logistics companies, and any other agent involved in the handling or distribution of prescription drugs, medical gases, or prescription medical devices or equipment in the supply chain that affects the pedigree of the products.
(b) “Broker or jobber” is any party that mediates between a buyer and a seller for the sale or shipment of prescription drugs, gases, equipment, or devices.
(c) “Pedigree” is a document or an electronic file containing information that records each distribution of any given prescription drug, medical gas, or prescription medical device or equipment.
(d) “Third-party logistics provider” is a person that contracts with a wholesale distributor or a manufacturer to provide or coordinate warehousing, wholesale distribution, or other services on behalf of a manufacturer, but does not take title to the prescription drug, gas, device, or equipment.
(e) “Virtual manufacturer” is anyone that owns the NDA or ANDA for a prescription drug, gas, device, or equipment that contracts with others for the actual manufacturing.
(f) “Virtual wholesale distributor” is anyone engaged in wholesale distribution of prescription drugs, gases, devices, or equipment.