La. Admin. Code tit. 46, § LIII-1133 - Pharmacy Closing Procedures
A.
A pharmacy permit holder shall notify the public and the board prior to
discontinuing a prescription department operation, or upon petitioning for
bankruptcy.
1. Public Notice. The holder of a
pharmacy permit shall post a closing notice in a conspicuous place in the front
of the prescription department, and at all public entrance doors to the
pharmacy. The closing notice to the public shall be posted not less than 10
days prior to the anticipated date of closure, and the notice shall contain the
following minimum information:
a. the
anticipated date of closure of the prescription department;
b. the anticipated date of transfer or
relocation of prescription files, if different than closure date;
c. the name and address of the pharmacy to
which the prescription files will be transferred; and
d. a statement that if a patient objects to
the transfer of their prescription files to the intended recipient pharmacy,
the patient shall make alternative arrangements for the transfer of their
prescription files to another pharmacy prior to the anticipated file transfer
date.
2. Board Notice.
The holder of a pharmacy permit shall send written notice to the board not less
than 10 days prior to the anticipated date of closure, and the notice shall
include the following minimum information:
a.
the anticipated date of closure of the prescription department;
b. the name and address of the permitted
pharmacy operating within a reasonably close proximity of the closing pharmacy
that shall be the custodian of the transferred prescription files;
and
c. any prescription drug sale
or transfer, with a complete drug inventory including recipient's name and
address and/or seizure action, sequestration, executory process, public
auction, liquidation, creditor assignment, and bankruptcy.
3. Disposition of Inventory
a. Drugs Listed in Schedule II. These drugs
shall be either returned to the supplier or transferred to an authorized
registrant, accompanied by an executed DEA Form 222, or its successor.
Alternatively, these drugs shall be inventoried on the DEA Form 41 (Registrants
Inventory of Drugs Surrendered), or its successor, and then either returned to
the regional DEA office, or destroyed pursuant to permission from the DEA or
agent of the board. The permit holder shall retain triplicate copies of
returns, transfers, and/or destructions.
b. Drugs Listed in Schedules III, IV, or V.
These drugs shall be either returned to the supplier or transferred to an
authorized registrant, accompanied by appropriate inventory records.
Alternatively, these drugs shall be inventoried on the DEA Form 41, or its
successor, and then either returned to the regional DEA office, or destroyed
pursuant to permission from the DEA or agent of the board.
c. All Other Prescription Drugs. These drugs
shall be returned to the supplier, transferred to an authorized registrant, or
destroyed.
4. Surrender
of Pharmacy Permit and Louisiana Controlled Dangerous Substance License. The
holder of the permit and license shall surrender same to the board upon
closing, accompanied by written confirmation of the:
a. surrender of unused DEA order forms and
the DEA registration certificate to the regional DEA office with a memorandum
indicating the closing date of the prescription department;
b. location of applicable records of
controlled dangerous substance and other prescription drugs, order forms,
inventories, acquisitions, and purchase records, with commitment to store such
records for not less than two years, and to make such records available for
inspection by an agent of the board; and
c. removal of all pharmacy signage from the
property.
Notes
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