N.J. Admin. Code § 13:39-4.11

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:39-4.11 - Availability of records upon termination of business or change of ownership

(a) When a pharmacy ceases operation as the result of a suspension, retirement, or death of the owner, sale, or other cause including insolvency, the permit holder, or the one responsible for supervising the disposition of the practice, shall make every effort to notify patrons that they have the right to obtain copies of currently valid prescriptions and/or copies of their patient profile and the location of the prescriptions and patient profile for a one-year period following notice, using all of the following methods:

1. Notification in writing to the Board;

2. Publication, once weekly for two successive weeks in a newspaper whose circulation encompasses the geographic area in which the pharmacy is located, of a notice advising patrons that they have the right to obtain copies of their prescriptions and/or patient profile, and the location of the prescriptions and patient profile for a one-year period following publication;

3. A sign placed in the pharmacy location informing the patrons that they have the right to obtain copies of their prescriptions and/or patient profile, and the location of the prescriptions and patient profile; and

4. For a permitted pharmacy that uses social media that is specific to individually identified locations, the pharmacy shall post notice on all social media platforms used by the pharmacy informing patrons of the pharmacy closure, that they have a right to obtain copies of their prescriptions and/or patient profile, and the location of the prescriptions and patient profile. The pharmacy shall also discontinue and remove all commercial advertising from social media sites.

(b) Upon a sale of assets or a change in ownership pursuant to N.J.A.C. 13:39-4.5(a), both the new and former pharmacy permit holders shall ensure that there is access to patient prescription and profile records within 24 hours of the transfer of business assets, and that all telephone calls to the former pharmacy shall be forwarded to the new pharmacy.

N.J. Admin. Code § 13:39-4.11

Amended by 49 N.J.R. 3761(a), effective 12/4/2017