(A) A terminal distributor of dangerous drugs
who plans to discontinue business activities shall file a notice with the board
of pharmacy. The notice shall be submitted, in a manner determined by the
board,
within thirty days of discontinuation of
business as a terminal distributor of dangerous drugs.
at least thirty days in advance of the proposed date
of discontinuing business, unless waived by the board's executive director or
the director's designee due to extraordinary circumstances beyond the
licensee's control. This notice shall include the following
information:
(1) The name, address, and
license number of the terminal distributor discontinuing business.
(2) The name, address, and license number of
the terminal distributor or other authorized entity where the dangerous drugs
will be transferred.
(3) The name
and address of the secured location where the records of purchase and sale will
be kept in accordance with this division of the Administrative Code.
(4) The proposed date of discontinuing
business.
(B) Unless the
licensee is informed by the executive director before the proposed date of
discontinuing business that the transfer of dangerous drugs and records may not
occur, the licensee discontinuing business may transfer the dangerous drugs and
patient records
.
in accordance with the following:
(1) On the date of discontinuing
business, a complete inventory of all controlled substances being transferred,
or disposed of, in accordance with rule 4729:5-3-01 of the Administrative Code,
shall be made. The inventory shall list the name, strength, dosage form, and
quantity of all controlled substances transferred or disposed.
(2) This inventory shall serve as
the final inventory of the licensee discontinuing business and the initial
inventory of the licensee to whom the controlled substances are being
transferred. A copy of the inventory shall be included in the records of each
licensee involved in the transfer.
(C)
On the date of
discontinuing business, a complete inventory of all controlled substances being
transferred, or disposed of, in accordance with rule
4729:5-3-01 of the
Administrative Code, shall be made. The inventory shall list the name,
strength, dosage form, and quantity of all controlled substances transferred or
disposed.
This inventory shall serve as the final
inventory of the licensee discontinuing business and the initial inventory of
the licensee to whom the controlled substances are being transferred. A copy of
the inventory shall be included in the records of each licensee involved in the
transfer.
(D)
A terminal distributor of dangerous drugs licensed as a
pharmacy that is permanently closing shall:
(1)
Provide
notification, using the information on file with the pharmacy, to each patient
who has filled a prescription within the previous six months. This notification
must be made a minimum of fifteen calendar days prior to closing and must
include:
(a)
The
last day the pharmacy will be open;
(b)
Name, address,
and telephone number of the pharmacy that will take possession of the pharmacy
records or the person who will serve as the custodian of
records;
(c)
Instructions on how patients can arrange for transfer
of their pharmacy records to a pharmacy of their choice; and
(d)
The last day a
transfer may be initiated.
(2)
The notification
shall be made via:
(a)
Direct mail, e-mail, or text message;
and
(b)
Posting a closing notice on each pharmacy entrance, on
each telephone greeting, and pharmacy-operated internet (e.g., website, social
media, mobile applications).
(3)
Provide any new
patients filling prescriptions during the fifteen-calendar day period prior to
the pharmacy closing with written notification that includes:
(a)
The last day the
pharmacy will be open;
(b)
Name, address and telephone number of the pharmacy to
which pharmacy records will be transferred or the person who will serve as the
custodian of pharmacy records;
(c)
Instructions on
how patients can arrange for transfer of their pharmacy records to a pharmacy
of their choice; and
(d)
The last day a transfer may be
initiated.
Notes
Ohio Admin. Code
4729:5-2-04
Effective:
10/1/2024
Five Year Review (FYR) Dates:
4/24/2024 and
10/01/2029
Promulgated
Under: 119.03
Statutory
Authority: 4729.26,
3719.28
Rule
Amplifies: 4729.54,
3719.07,
4729.37,
4729.55
Prior
Effective Dates: 03/01/2019
