Section Ph 708.02 - Disposition of Drugs/Records(a) Security of the pharmacy shall be maintained while there is a supply of legend drugs including controlled substances on the pharmacy premises. Stable, unopened containers of legend drugs including controlled drugs may be returned by the pharmacy to the wholesaler/manufacturer.(b) At the time of closing, the remaining supply of controlled substances may be sold or given to another pharmacy provided that:(1) The transfer of schedule II substances shall comply with 21 CFR 1307.14 and 21 CFR 1305.06 by means of a properly executed federal DEA #222 Form;(2) The transfer of schedules III, IV, and V are made by invoice with copies to each party and the board; and(3) Prescription files, executed DEA #222 forms, biennial DEA inventories, applicable invoices, the balance of stock of all controlled substances, and the final printouts required by Ph 703.05(r)(2), shall be transferred as a package.(c) At the time of closing, in addition to the electronic file transfer of the prescription records the closing pharmacy shall: (1) Provide an up-to-date hard-copy printout of all non-controlled drug prescriptions stored in the automated system and a printout of all controlled drug prescriptions for the current 2 year period as part of the final records of that pharmacy;(2) In lieu of such printout, an electronic back-up of the prescription records for the last 2 year may be provided on electronic media; and(3) In the event that the pharmacy files are not sold to another pharmacy, the closing pharmacy shall make provision for these records to be available to any nearby pharmacy.(d) If, in the interest of public health and safety, the board determines that after closure of the pharmacy a lack in the security, according to Ph 702.04, of the prescription drugs including controlled substances exists, the licensee shall immediately surrender to the board all prescription drugs including controlled substances and forms and invoices thereof. The drugs so held shall be inventoried, packaged, sealed and stored at the expense of the licensee in a place determined by the board to be appropriately secure. The licensee shall have 60 days after the effective date of the closing to make arrangements for the lawful sale or other disposition of these drugs. Lawful sale and/or disposition of these drugs shall be to a duly licensed person authorized to possess and store prescription drugs including controlled substances. Failing compliance within this 60-day period, such drugs shall then be surrendered to the board for destruction.(e) Before disposing of any merchandise in the pharmacy, the owner and pharmacist-in-charge shall submit the licensed premises to an inspection by a representative of the board to certify that all prescription drugs including controlled substances have been secured.N.H. Admin. Code § Ph 708.02
#2260, eff 1-5-83; ss by #2914, eff 11-27-84; ss by #4600, eff 8-1-89; ss by #6094-B, INTERIM, eff 9-21-95, EXPIRED: 1-19-96
New. #6181-B, eff 2-5-96; amd by #6933, eff 2-1-99; paragraphs (a), (b), and (e), paragraph (c) intro., and subparagraphs (c)(1) and (c)(2) EXPIRED: 2-5-04; amd by #8316, eff 3-26-05
Amended by Volume XXXV, Number 32 Filed August 13, 2015, Proposed by #10903, Effective 8/5/2015, Expires8/5/2025.