Or. Admin. Code § 855-041-1092 - Retail Drug Outlet Pharmacy Closures: Temporary, Permanent or Emergency
(1) Temporary
Closing. Unless subject to an exemption in OAR
855-041-1092(3),
when a Retail Drug Outlet pharmacy is temporarily closed to the public the
pharmacy must:
(a) Post notification of
closure on each pharmacy entrance as soon as the need to deviate from the
posted hours is known by the pharmacy, but no later than 2 hours after the
temporary closure begins. The posting must include:
(A) Estimated period of time the pharmacy
will be closed; and
(B) Options for
prescription pick-up (e.g. another local pharmacy, contact prescriber for new
prescription, reverse processed prescriptions).
(b) Post notification of closure on each
telephone greeting and pharmacy operated internet (e.g. website, social media,
mobile applications) as soon as possible. The posting must include:
(A) Estimated period of time the pharmacy
will be closed; and
(B) Options for
prescription pick-up (e.g. another local pharmacy, contact prescriber for new
prescription, reverse processed prescriptions).
(c) If the pharmacy is temporarily closed
greater than 2 consecutive business days, notify the board office as soon as
possible but no later than 72 hours after the temporary closure begins with the
date and time the closure began, anticipated date and time of re-opening, and
the reason for the temporary closure.
(d) Federal and state holidays are exempt
from the requirements of (1).
(2) Permanent Closing. If a Retail Drug
Outlet pharmacy is permanently closing to the public, the pharmacy must:
(a) Prior to closing, the pharmacy must
comply with the following:
(A) Provide
notification to each patient who has filled a prescription within the previous
12 months. This notification must be made a minimum of 15 calendar days prior
to closing and must include:
(i) The last day
the pharmacy will be open;
(ii)
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;
(iii) Instructions on how
patients can arrange for transfer of their pharmacy records to a pharmacy of
their choice; and
(iv) The last day
a transfer may be initiated.
(B) The notification must be made via:
(i) Distribution by direct mail or written
notice with each prescription dispensed;
(ii) Public notice in a newspaper of general
circulation, if available, in the area served by the pharmacy; and
(iii) Posting a closing notice on each
pharmacy entrance, on each telephone greeting, and pharmacy-operated internet
(e.g. website, social media, mobile applications).
(iv) In addition to (i), (ii) and (iii), the
pharmacy may also provide notification via email or text.
(C) Provide any new patients filling
prescriptions during the 15 calendar day period prior to the pharmacy closing
with written notification that includes:
(i)
The last day the pharmacy will be open;
(ii) 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;
(iii) Instructions on how patients can
arrange for transfer of their pharmacy records to a pharmacy of their choice;
and
(iv) The last day a transfer
may be initiated.
(D)
Notify DEA of any controlled substances being transferred to another registrant
as specified in 21 CFR
1301.52 (04/01/2023).
(b) On the date of closing or up to 24 hours
after the permanent closure begins, the Pharmacist-in-charge must comply with
the following:
(A) Complete and document an
inventory of all controlled substances.
(B) If the pharmacy dispenses prescriptions:
(i) Transfer the prescription drug order
files, including refill information, and patient medication records to a
licensed pharmacy or to an Oregon licensed Pharmacist who will serve as the
custodian of records;
(ii) Update
the pharmacy operating status with each electronic prescribing vendor;
and
(iii) Remove all signs and
symbols indicating the presence of the pharmacy including pharmacy-operated
internet (e.g. website, social media, mobile applications).
(c) After closing.
Within 30 calendar days after the closing of the pharmacy, the
Pharmacist-in-charge must:
(A) Complete and
document an inventory of all non-controlled drugs and devices.
(B) Remove all prescription and
non-prescription drugs, devices, and related supplies from the pharmacy by one
or a combination of the following methods:
(i)
Return to manufacturer or supplier (credit or disposal);
(ii) Transfer (sell or give away) to a
licensed healthcare professional or outlet who is legally authorized to possess
drugs; or
(C) Provide the board a written notice of the
closing on a board prescribed form which includes the following information:
(i) Date of closing to the public and
discontinuance of the business;
(ii) Date and time the inventory of all
prescription drugs and devices was conducted;
(iii) Name, address, phone number and
applicable registration number where all legend and controlled substances
possessed by the pharmacy were transferred or disposed;
(iv) If drugs were destroyed, name and
license numbers of individuals that who witnessed the destruction;
(v) If the pharmacy is registered to possess
controlled substances, confirmation that the pharmacy complied with all
applicable federal requirements in
21 CFR
1301.52 (04/01/2023) for discontinuing
operation as a pharmacy that dispenses controlled substances.
(vi) The name, address and phone number of
the pharmacy that took possession of the pharmacy records or the Oregon
licensed Pharmacist who is serve as the custodian of pharmacy records which
must be maintained according to OAR
855-041-1160;
(vii) Confirmation all pharmacy labels and
blank prescriptions were destroyed;
(viii) Confirmation all signs and symbols
indicating the presence of the pharmacy including pharmacy-operated internet
(e.g. website, social media, mobile applications) have been removed;
and
(ix) Confirmation that each
registration certificate issued to the pharmacy by the board has been mailed to
the board office.
(D)
Once the pharmacy has notified the board that the pharmacy is permanently
closed, the license may not be renewed. The pharmacy may apply for a new
license as specified in OAR
855-041-1080.
(E) Unless a registration has expired, the
registration will remain active until the board has notified the registrant
that the notice of permanent closure has been received and the registration has
been lapsed.
(3) Emergency closing. If a Retail Drug
Outlet pharmacy is closed suddenly due to fire, destruction, natural disaster,
death, property seizure, eviction, bankruptcy, inclement weather, or other
emergency circumstances and the Pharmacist-in-charge cannot provide
notification as required in (1), the Pharmacist-in-charge must comply with the
provisions of (1) as far in advance or as soon after the closing as allowed by
the circumstances.
(4) Non-resident
Retail Drug Outlet pharmacies are exempt from (1)-(3) and must follow laws and
rules in the pharmacy's state of residence pertaining to temporary, permanent
and emergency closures. The non-resident pharmacy must provide the board a
written notice of the closing within 30 calendar days on a form prescribed by
the board which includes the following information:
(a) Date of closing to the public and
discontinuance of the business;
(b)
If the pharmacy dispenses prescriptions, the name, address and phone number of
the pharmacy or Oregon licensed Pharmacist who will serve as the custodian of
records for Oregon patients to which the prescriptions, including refill
information, and patient medication records were transferred; and
(c) Confirmation that each registration
certificate issued to the pharmacy by the board has been mailed to the board
office.
(5) The board
may conduct an inspection to verify all requirements in subsection (1), (2),
(3) and (4) of this section have been completed.
Notes
Publications: Publications referenced are available for review at the agency.
Statutory/Other Authority: ORS 689.205 & ORS 475.035
Statutes/Other Implemented: ORS 689.205
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