Appeal of New Hampshire Right to Life (New Hampshire Board of Pharmacy)
Argued: January 16, 2014.
Board of Pharmacy.
Wadleigh, Starr & Peters, P.L.L.C., of Manchester ( Michael J. Tierney on the brief and orally), for the petitioner.
Joseph A. Foster, attorney general ( Lynmarie C. Cusack, assistant attorney general, on the brief and orally), for the State.
LYNN, J. CONBOY and BASSETT, JJ., concurred.
[166 N.H. 309] Lynn, J.
The petitioner, New Hampshire Right to Life (NHRTL), appeals the New Hampshire Board of Pharmacy's decision that NHRTL [166 N.H. 310] did not have standing to participate in administrative actions involving the renewal of Planned Parenthood of Northern New England's (PPNNE) limited retail drug distributor license. We affirm.
NHRTL is a New Hampshire non-profit organization opposed to government support, by taxpayer subsidies, of medical clinics that provide abortion services. As such, the petitioner wants to ensure that all state agencies, including the Board of Pharmacy (Board), properly regulate these clinics in the state. PPNNE has operated in New Hampshire for a number of years as a licensed limited retail drug distributor pursuant to a contract with the New Hampshire Department of Health and Human Services (DHHS). See RSA 318:42, VII (Supp. 2013); RSA 318:51-b (Supp. 2013). As a limited retail drug distributor, PPNNE must reapply annually to the Board to renew its licenses, the terms of which run from July 1 to June 30 of each year. See RSA 318:51-b; N.H. Admin. Rules, Ph. 601.06.
On April 17, 2012, NHRTL sent a written complaint to the Board, alleging that PPNNE did not have a state contract in place with DHHS and was therefore illegally dispensing prescription drugs at its clinics. In its letter, NHRTL claimed that PPNNE's contract with DHHS had expired on June 30, 2011, and had not been renewed. On June 18, 2012, PPNNE sent renewal applications for its six clinics to the Board, and on July 2, 2012, the Board sent letters to each clinic acknowledging receipt of the application. Each letter stated that the Board would not review the renewal application until August 15, 2012, but notified the clinics that it had " ministerially" renewed its licenses through September 1, 2012.
On August 7, 2012, NHRTL sent a second letter to the Board, opposing renewal of PPNNE's licenses for a variety of reasons. At the Board's monthly meeting on August 15, 2012, it voted to table consideration of PPNNE's license renewal applications until its September meeting, pending receipt of additional information from PPNNE. On September 17, 2012, NHRTL sent a third letter to the Board, restating its opposition to the renewal of PPNNE's licenses. Two days later, at its
meeting on September 19, the Board approved PPNNE's applications to renew the ...