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TEXAS ADMINISTRATIVE CODE
TITLE 22. EXAMINING BOARDS
PART 15. TEXAS STATE BOARD OF PHARMACY
CHAPTER 291. PHARMACIES
SUBCHAPTER A. ALL CLASSES OF PHARMACIES
Date:
08/31/2009
Document:
§ 291.5. Closing a Pharmacy
(a) Prior to closing. At least 14 days prior to the closing of a pharmacy the pharmacist-in-charge shall comply with the following.
(1) If the pharmacy is registered to possess controlled substances, send a written notification to the appropriate divisional office of the Drug Enforcement Administration (DEA) containing the following information:
(A) the name, address, and DEA registration number of the pharmacy;
(B) the anticipated date of closing;
(C) the name, address, and DEA registration number of the pharmacy acquiring the controlled substances; and
(D) the date on which the transfer of controlled substances will occur.
(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 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.
(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);
(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 within a reasonable distance of the closing pharmacy; and
(B) move 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 (relating to Inventory Requirements) has been conducted; 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 a letter to the:
(A) appropriate DEA divisional office explaining that the pharmacy has closed. Include the following items with the letter:
(i) DEA registration certificate;
(ii) all unused DEA order forms (222) with the word VOID written on the face of each order form; and
(iii) copy 2 of any DEA order forms (222) used to transfer Schedule II controlled from the closed pharmacy;
(B) the Texas Department of Public Safety (DPS) explaining that the pharmacy has closed and include the DPS registration certificate.
(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 closing. 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.
(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.
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