Fla. Admin. Code Ann. R. 64B16-28.202 - Closing of a Pharmacy; Transfer of Prescription Files
(1) The term "prescription files" as used
herein shall mean the drug dispensing records of a pharmacy which shall include
all orders for drugs or medicinal supplies as defined by Section
465.003(7),
F.S., inclusive of dispensing records for medicinal drugs listed within the
provisions of Section
893.03, F.S., issued by a duly
licensed practitioner, which serve to transfer possession of medicinal drugs
from the pharmacy to the ultimate consumer.
(2) The term "closing of a pharmacy" as used
herein shall mean the cessation or termination of professional and business
activities within a pharmacy for which a permit has been issued under Chapter
465, F.S.
(3) Prior to closure of a
pharmacy the permittee shall notify the Board of Pharmacy in writing as to the
effective date of closure, and shall:
(a)
Return the pharmacy permit to the Board of Pharmacy office or arrange with the
local Bureau of Investigative Services of the Department to have the pharmacy
permit returned to the Board of Pharmacy;
(b) Advise the Board of Pharmacy which
permittee is to receive the prescription files.
(4) On the date of closure of a pharmacy the
former permittee shall:
(a) Physically deliver
the prescription files to a pharmacy operating within reasonable proximity of
the pharmacy being closed and within the same locality. This delivery of
prescription files may occur prior to the return of the pharmacy permit to the
Board of Pharmacy office; and,
(b)
Affix a prominent sign to the front entrance of the pharmacy advising the
public of the new location of the former permittee's prescription files or
otherwise provide a means by which to advise the public of the new location of
their prescription files.
(5) After the closing of a pharmacy as
defined herein, the custody of the prescription files of the pharmacy shall be
transferred to the new permittee, unless the former permittee and the new
permittee inform the Board in writing that custody of the prescription files
have been or are to be transferred to a pharmacy other than the new
permittee.
(6) A pharmacy receiving
custody of prescription files from another pharmacy shall maintain the
delivered prescriptions in separate files so as to prevent intermingling with
the transferee pharmacy's prescription files.
Notes
Rulemaking Authority 465.022(1)(g) FS. Law Implemented 465.022(1)(g) FS.
New 12-26-79, Formerly 21S-16.02, 21S-16.002, Amended 7-31-91, Formerly 21S-28.202, 61F10-28.202, 59X-28.202, Amended 4-5-05.
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