N.J. Admin. Code § 13:39-4.1 - New pharmacies; pharmacy departments; eligibility and application
(a) A
permit application shall be submitted to the Board by every individual or
business entity desiring to operate a new pharmacy. Such application shall be
made on a form furnished by the Board. If the area for which a pharmacy permit
is sought is less than the total area of the premises, the area subject to
permit shall be known as the "pharmacy department."
(b) The permit application shall indicate the
exact intended location and plan or physical arrangement of the proposed
pharmacy or pharmacy department area, including any drive-thru area, and shall
indicate any area contiguous or adjacent to but not necessarily a part of the
proposed permitted area, and any area where drugs will be stored and/or
dispensed.
(c) The permit
application shall include the exact trade name(s), if any; the corporate names,
if any; the name and addresses of the owners and operators, if a sole
proprietorship, partnership, limited liability partnership or limited liability
company; the names and addresses of all officers and stockholders and the names
and addresses of all principals duly licensed to write prescriptions if the
pharmacy is not a publicly traded corporation; and the names and addresses of
the officers, if a publicly traded corporation.
(d) The permit application shall include the
name of the pharmacist-in-charge who shall be a pharmacist in good standing in
the State of New Jersey.
(e) No
person, business entity or equity holder of the business entity shall be
eligible for a new permit or a renewal thereof who is not of high moral
character or against whom there is pending any indictment or any alleged
violation of local, State or Federal law pertaining to the practice of pharmacy
or the dispensing of controlled dangerous substances or any drug under
N.J.S.A.
24:21-2.
(f) A person submitting an application may be
interviewed by the Board to review his or her qualifications and
eligibility.
(g) Before a permit
may be issued to an applicant, the Board shall inspect and approve the
premises, fixtures and equipment of the new pharmacy or pharmacy department to
ensure compliance with this subchapter and all relevant statutes, regulations
and ordinances.
(h) Upon approval
of the permit application, the Board shall issue a permit number that will
allow the applicant to place prescription legend drugs in stock. A pharmacy
shall not sell, dispense, or distribute any prescription drugs or devices until
the pharmacy is open for business.
(i) Within 90 days of the Board's approval of
the permit application, the pharmacy shall notify the Board in writing that the
pharmacy has opened for business. If additional time beyond the 90 days is
needed to open the pharmacy, no less than 30 days prior to the expiration of
the 90-day period, the pharmacy shall submit a written request to the Board for
an extension of time. Such request shall include the reasons an extension is
necessary and the amount of additional time sought. If after the expiration of
the 90 days, the pharmacy has not notified the Board that it has opened for
business or requested an extension, the Board shall rescind the pharmacy
permit. Following such action, an applicant making reapplication to the Board
shall resubmit all required documentation and the applicable application fee
set forth at
N.J.A.C.
13:39-1.3.
Notes
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