D.C. Mun. Regs. tit. 22, r. 22-B1906

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 22-B1906 - CLOSING A PHARMACY

1906.1

Whenever a pharmacy plans to discontinue operation, the proprietor shall, in addition to the requirements of this section, comply with the provisions of § 1323 of this Title, and notify the Director of the closing of the pharmacy not later than fifteen (15) days prior to the anticipated date of closing. The notice shall be submitted to the Director in writing and shall contain the following information:

(a) The date the pharmacy will close;

(b) The names, addresses, and telephone numbers of the persons who shall have custody of the prescription files, the bulk compounding records, the repackaging records, all drugs including the controlled substances, and inventory records of the pharmacy to be closed; and

(c) The names, addresses, DEA registration numbers, and District registration numbers of any persons who will acquire any of the drugs and controlled substances from the pharmacy to be closed, if known at the time the notification is filed.

1906.2

A pharmacy that dispenses prescription drugs shall, at least fifteen (15) days prior to the closing date of the pharmacy, 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. The 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, refill information, and patient medication records of the pharmacy.

1906.3

On the date of closing, the pharmacy shall, in addition to complying with all other District and federal requirements:

(a) Transfer the prescription drug files, refill information, and patient medication records to a licensed pharmacy within a reasonable distance of the closing pharmacy. The pharmacy shall be the same pharmacy which was identified in the closing notice sign; and

(b) Remove all signs and symbols indicating the presence of a pharmacy, or any representation that would tend to mislead the public that pharmacy is located at the address.

1906.4

Not later than fifteen (15) days after the pharmacy has closed, the proprietor shall submit to the Director the following:

(a) The pharmacy license;

(b) The District of Columbia certificate of registration; and

(c) A written statement containing the following information:

(1) The actual date of closing;

(2) Confirmation that all drugs have been transferred to an authorized person or persons, or destroyed. If the drugs were transferred, the names and addresses of the persons to whom they were transferred;

(3) If controlled substances were transferred, a list of the names, addresses, DEA registration numbers, and District registration numbers of the persons to whom the substances were transferred, the substances transferred, the amount of each substance transferred, the date on which the transfer took place, and a copy of DEA form 222 for the transfer of Schedule II controlled substances;

(4) Confirmation that the DEA registration and all unused DEA 222 forms (order forms) were returned to the DEA;

(5) Confirmation that all pharmacy labels with addresses and blank prescription pads with addresses which were in the possession of the pharmacy were destroyed;

(6) If controlled substances were transferred, confirmation that an inventory has been conducted; and

(7) Confirmation that all signs and symbols indicating the presence of the pharmacy have been removed.

1906.5

If a pharmacy is closed suddenly due to fire, destruction, natural disaster, death, property seizure, eviction, bankruptcy, or other emergency circumstances the pharmacy shall notify the Director immediately or as far in advance of the closing as allowed by the circumstances.

1906.6

The pharmacist-in-charge and the proprietor of the pharmacy shall be jointly responsible for ensuring the pharmacy's compliance with the provisions of this section.

D.C. Mun. Regs. tit. 22, r. 22-B1906

Final Rulemaking published at 38 DCR 6734, 6738 (November 8, 1991); as amended by Notice of Final Rulemaking published at 55 DCR 270 (January 11, 2008)