22 Tex. Admin. Code § 291.5 - Closing a Pharmacy
(a) Prior to
closing. At least 14 days prior to the closing of a pharmacy that dispenses
prescription drug orders the pharmacist-in-charge shall:
(1) post a closing notice sign in a
conspicuous place in the front of the prescription department and at all public
entrance doors to the pharmacy. Such closing notice sign shall contain the
following information:
(A) the date of
closing; and
(B) the name, address,
and telephone number of the pharmacy acquiring the prescription drug orders,
including refill information and patient medication records of the
pharmacy.
(2) notify DEA
of any controlled substances being transferred to another registrant as
specified in 21 CFR
1301.52(d).
(b) Closing day. On the date of
closing, the pharmacist-in-charge shall comply with the following:
(1) take an inventory as specified in §
291.17 of this title (relating to
Inventory Requirements);
(2) remove
all prescription drugs from the pharmacy by one or a combination of the
following methods:
(A) return prescription
drugs to manufacturer or supplier (for credit/disposal);
(B) transfer (sell or give away) prescription
drugs to a person who is legally entitled to possess drugs, such as a hospital,
or another pharmacy; and
(C)
destroy the prescription drugs following procedures specified in §
303.2 of this title (relating to
Disposal of Stock Prescription Drugs); and
(3) if the pharmacy dispenses prescription
drug orders:
(A) transfer the prescription
drug order files, including refill information, and patient medication records
to a licensed pharmacy; and
(B)
remove all signs or notify the landlord or owner of the property that it is
unlawful to use the word "pharmacy" either in English or any other language, or
any other word or combination of words of the same or similar meaning, or any
graphic representation that would mislead or tend to mislead the public that a
pharmacy is located at the address.
(c) After closing.
(1) Within ten days after the closing of the
pharmacy, the pharmacist-in-charge shall forward to the board a written notice
of the closing which includes the following information:
(A) the actual date of closing;
(B) the license issued to the
pharmacy;
(C) a statement
attesting:
(i) that an inventory as specified
in §
291.17 of this title;
and
(ii) the manner by which the
dangerous drugs and controlled substances possessed by the pharmacy were
transferred or disposed; and
(D) if the pharmacy dispenses prescription
drug orders, the name and address of the pharmacy to which the prescription
drug orders, including refill information, and patient medication records were
transferred.
(2) If the
pharmacy is registered to possess controlled substances, send notification to
the appropriate DEA divisional office explaining that the pharmacy has closed
and include the following items:
(A) DEA
registration certificate; and
(B)
all unused DEA order forms (222) with the word VOID written on the face of each
order form.
(3) Once the
pharmacy has notified the board that the pharmacy is closed, the license may
not be renewed. The pharmacy may apply for a new license as specified in §
291.1 of this title (relating to
Pharmacy License Application).
(d) Emergency or temporary closing.
(1) If pharmacy is closed suddenly due to
fire, destruction, natural disaster, death, property seizure, eviction,
bankruptcy, or other emergency circumstances and the pharmacist-in-charge
cannot provide notification 14 days prior to the closing, the
pharmacist-in-charge shall comply with the provisions of subsection (a) of this
section as far in advance of the closing as allowed by the
circumstances.
(2) A pharmacy may
temporarily close for lack of a pharmacist-in-charge for no more than 30 days.
If a pharmacy temporarily closes for lack of a pharmacist-in-charge, the
pharmacy shall:
(A) only allow access to the
prescription department if a pharmacist is present;
(B) send notification to the board as
specified in §
291.3(k) of this
title (relating to Required Notifications); and
(C) either:
(i) reopen within 48 hours under the
supervision of a new pharmacist-in-charge who has been reported to the board as
specified in §
291.3(e)(2) of
this title; or
(ii) comply with the
provisions of subsection (a) of this section as far in advance of the closing
as allowed by the circumstances.
(e) Joint responsibility. If the
pharmacist-in-charge is not available to comply with the requirements of this
section, the owner shall be responsible for compliance with the provisions of
this section.
Notes
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