Or. Admin. Code § 855-139-0145 - Outlet: Closure- Temporary, Permanent and Emergency
(1) Temporary Closing. Unless subject to an
exemption in OAR 855-139-0145(3),
when a RDSP is temporarily closed to the public the RDSP must:
(a) Post notification of closure on each RDSP
entrance as soon as the need to deviate from the posted hours is known by the
RDSP, but no later than 2 hours after the temporary closure begins. The posting
must include:
(A) Estimated period of time the
RDSP 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 RDSP 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 RDSP 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 RDSP
is permanently closing to the public, the RDSP must:
(a) Prior to closing, the RDSP 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 RDSP
will be open;
(ii) Name, address
and telephone number of the pharmacy to which pharmacy records will be
transferred or the Oregon licensed Pharmacist 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
notification with each prescription dispensed;
(ii) Public notice in a newspaper of general
circulation, if available, in the area served by the RDSP; and
(iii) Posting a closing notice at each
building and each RDSP 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 RDSP may also provide notification via email or
text.
(C) Provide any
new patients filling prescriptions during the 15-calendar day period prior to
the RDSP closing with written notification that includes:
(i) The last day the RDSP will be
open;
(ii) Name, address and
telephone number of the pharmacy to which pharmacy records will be transferred
or the Oregon licensed Pharmacist 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.
(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 RDSP 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 RDSP operating status with each electronic prescribing vendor;
and
(iii) Remove all signs and
symbols indicating the presence of the RDSP including pharmacy-operated
internet (e.g. website, social media, mobile applications).
(c) After closing.
Within 30 calendar days after the closing of the RDSP, 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 RDSP 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 RDSP were transferred or disposed;
(iv) If drugs were destroyed, name and
license numbers of individuals who witnessed the destruction;
(v) If the RDSP is registered to possess
controlled substances, confirmation that the RDSP complied with all applicable
federal requirements in 21
CFR 1301.52 (04/01/2023) for discontinuing
operation as a RDSP that dispenses controlled substances.
(vi) If the RDSP dispenses prescriptions, the
name, address and phone number of the RDSP or Oregon licensed Pharmacist who
will serve as the custodian of records to which the prescriptions, including
refill information, and patient medication records were transferred;
(vii) Confirmation all RDSP labels and blank
prescriptions were destroyed;
(viii) Confirmation all signs and symbols
indicating the presence of the RDSP including pharmacy-operated internet (e.g.
website, social media, mobile applications) have been removed; and
(ix) Confirmation that each registration
certificate issued to the RDSP by the board has been mailed to the board
office.
(D) Once the
RDSP has notified the board that the RDSP is permanently closed, the license
may not be renewed. The RDSP may apply for a new license as specified in OAR
855-139-0015.
(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 the RDSP 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) The board may conduct an inspection to
verify all requirements in subsection (1), (2), and (3) of this section have
been completed.
Notes
Publications: Publications referenced are available for review at the agency.
Statutory/Other Authority: ORS 475.035, ORS 689.205 & ORS 689.700
Statutes/Other Implemented: ORS 689.155 & ORS 689.700
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