R156-17b-604. Operating Standards - Closing a Pharmacy

  At least 14 days prior to the closing of a pharmacy, the PIC or DMPIC shall comply with the following:

  (1) If the pharmacy is registered to possess controlled substances, send a written notification to the appropriate regional office of the Drug Enforcement Administration (DEA) containing the following information:

  (a) the name, address and DEA registration number of the pharmacy;

  (b) the anticipated date of closing;

  (c) the name, address and DEA registration number of the pharmacy acquiring the controlled substances; and

  (d) the date the transfer of controlled substances will occur.

  (2) If the pharmacy dispenses prescription drug orders, post a closing notice sign in a conspicuous place in the front of the prescription department and at all public entrance doors to the pharmacy. Such closing notice shall contain the following information:

  (a) the date of closing; and

  (b) the name, address and telephone number of the pharmacy acquiring the prescription drug orders, including refill information and patient medication records of the pharmacy.

  (3) On the date of closing, the PIC or DMPIC shall remove all prescription drugs from the pharmacy by one or a combination of the following methods:

  (a) return prescription drugs to manufacturer or supplier for credit or disposal; or

  (b) transfer, sell or give away prescription drugs to a person who is legally entitled to possess drugs, such as a hospital or another pharmacy.

  (4) If the pharmacy dispenses prescription drug orders:

  (a) transfer the prescription drug order files, including refill information and patient medication records, to a licensed pharmacy within a reasonable distance of the closing pharmacy; and

  (b) move all signs or notify the landlord or owner of the property that it is unlawful to use the word "pharmacy", or any other word or combination of words of the same or similar meaning, or any graphic representation that would mislead or tend to mislead the public that a pharmacy is located at this address.

  (5) Within 10 days of the closing of the pharmacy, the PIC or DMPIC shall forward to the Division a written notice of the closing that includes the following information:

  (a) the actual date of closing;

  (b) a surrender of the license issued to the pharmacy;

  (c) a statement attesting:

  (i) that an inventory as specified in Subsection R156-17b-605(4) has been conducted; and

  (ii) the manner in which the legend drugs and controlled substances possessed by the pharmacy were transferred or disposed;

  (d) if the pharmacy dispenses prescription drug orders, the name and address of the pharmacy to which the prescription drug orders, including refill information and patient medication records, were transferred.

  (6) If the pharmacy is registered to possess controlled substances, a letter shall be sent to the appropriate DEA regional office explaining that the pharmacy has closed. The letter shall include the following items:

  (a) DEA registration certificate;

  (b) all unused DEA order forms (Form 222) with the word "VOID" written on the face of each order form; and

  (c) copy #2 of any DEA order forms (Form 222) used to transfer Schedule II controlled substances from the closed pharmacy.

  (7) If the pharmacy is closed suddenly due to fire, destruction, natural disaster, death, property seizure, eviction, bankruptcy or other emergency circumstances and the PIC or DMPIC cannot provide notification 14 days prior to the closing, the PIC or DMPIC shall comply with the provisions of Subsection (1) as far in advance of the closing as allowed by the circumstances.

  (8) If the PIC or DMPIC is not available to comply with the requirements of this section, the owner or legal representative shall be responsible for compliance with the provisions of this section.

  (9) Notwithstanding the requirements of this section, a DMP clinic pharmacy that closes but employs licensed practitioners who desire to continue providing services other than dispensing may continue to use prescription drugs in their practice as authorized under their respective licensing act.