Section R156-17b-604 - Operating Standards - Closing a Pharmacy(1) The consulting pharmacist, DR, Responsible Party, PIC, RDPIC, or DMPIC of the registered pharmacy shall comply with 21 CFR 1301.52 (2021) and 21 CFR 1305.18 and 1305.19 (2021). (2) If the pharmacy dispenses prescription drug orders, post a closing notice sign in a conspicuous place in the front of the prescription department and at public entrance doors to the pharmacy. The closing notice 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.(3) On the date of closing, the consulting pharmacist, PIC, RDPIC, or DMPIC shall remove prescription drugs from the pharmacy by one or a combination of the following methods: (a) return prescription drugs to manufacturer or supplier for credit or disposal; or(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.(4) 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 within a reasonable distance of the closing pharmacy; and(b) move signs or notify the landlord or owner of the property that it is unlawful to use the word "pharmacy", 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 this address.(5) Within ten days of the closing of the pharmacy, the pharmacy owner, consulting pharmacist, DR, Responsible Party, PIC, RDPIC, or DMPIC shall forward to the Division a surrender notice, on a form provided by the Division, of the closing that includes the following information:(a) the actual date of closing;(b) a surrender of the license issued to the pharmacy;(c) a statement attesting:(i) that an inventory as specified in Subsection R156-17b-605(4) has been conducted; and(ii) the manner in which the legend 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.(6) If the pharmacy is closed suddenly due to fire, destruction, natural disaster, death, property seizure, eviction, bankruptcy or other emergency circumstances and the consulting pharmacist, DR, Responsible Party, PIC, RDPIC, or DMPIC cannot provide notification 14 days prior to the closing, the consulting pharmacist, PIC, RDPIC, or DMPIC shall comply with Subsection (1) as far in advance of the closing as allowed by the circumstances. (7) If the consulting pharmacist, DR, Responsible Party, PIC, RDPIC, or DMPIC is not available to comply with the requirements of this section, the owner or legal representative shall be responsible for compliance with this section.(8) Notwithstanding the requirements of this section, a DMP clinic pharmacy that closes but employs licensed practitioners who will continue providing services other than dispensing may continue to use prescription drugs in their practice as authorized under their respective licensing act.Utah Admin. Code R156-17b-604
Amended by Utah State Bulletin Number 2015-6, effective 2/24/2015Amended by Utah State Bulletin Number 2017-2, effective 12/22/2016Amended by Utah State Bulletin Number 2019-24, effective 11/25/2019Amended by Utah State Bulletin Number 2022-03, effective 1/27/2022