Section R4-23-613. Procedure for Discontinuing a Pharmacy

A.      A pharmacy permittee or pharmacist-in-charge shall provide written notice to the Board and the Drug Enforcement Admin- istration (D.E.A.) at least 14 days before discontinuing opera- tion of the pharmacy. The notice shall contain the following information:

1.        Name, address, pharmacy permit number, and D.E.A. registration number of the pharmacy discontinuing busi- ness;

2.        Name, address, pharmacy permit number (if applicable), and D.E.A. registration number (if applicable) of the licensee, permittee, or registrant to whom any narcotic or other controlled substance, prescription-only drug or device, nonprescription drug, precursor chemical, or reg- ulated chemical will be sold or transferred;

3.        Name and address of the location where the discontinuing pharmacy’s records of purchase and disbursement of any narcotic or other controlled substance, prescription-only drug or device, nonprescription drug, precursor chemical, or regulated chemical will be kept and the person respon- sible for the records. These records shall be kept for a minimum of three years from the date the pharmacy is discontinued;

4.        Name and address of the location where the discontinuing pharmacy’s prescription files and patient profiles will be kept and the person responsible for the files and profiles. These records shall be kept for a minimum of seven years from the date the last original or refill prescription was dispensed; and

5.        The proposed date of discontinuing business operations.

B.       The pharmacy permittee shall ensure that all pharmacy signs and symbols are removed from both the inside and outside of the premises.

C.      The pharmacy permittee or pharmacist-in-charge shall ensure that all state permits and certificates of registration are returned to the Board office and that D.E.A. registration certif- icates and unused D.E.A. Schedule II order forms are returned to the D.E.A. Regional Office in Phoenix.

D.      The pharmacist-in-charge of the pharmacy discontinuing busi- ness shall ensure that:

1.        Only a pharmacist has access to the prescription-only drugs and controlled substances until they are transferred to the licensee, permittee, or registrant listed in subsec- tion (A)(2);

2.        All narcotics or other controlled substances, prescription- only drugs or devices, nonprescription drugs, precursor chemicals, or regulated chemicals are removed from the premises on or before the date the pharmacy is discontin- ued; and

3.        All controlled substances are transferred as follows:

a.         Take an inventory of all controlled substances that are transferred using the procedures in R4-23-1003;

b.        Include a copy of the inventory with the controlled substances that are transferred;

c.         Keep the original of the inventory with the discon- tinued pharmacy’s records of narcotic or other con- trolled substance, prescription-only drug or device, nonprescription drug, precursor chemical, or regu- lated chemical purchase and disbursement for a min- imum of three years from the date the pharmacy is discontinued;

d.        Use a D.E.A. form 222 to transfer any Schedule II controlled substances; and

e.         Transfer controlled substances that need destruction in the same manner as all other controlled sub- stances.

E.       Upon receipt of outdated or damaged controlled substances from a discontinued pharmacy, the licensee, permittee, or reg- istrant described in subsection (A)(2) shall contact a D.E.A. registered reverse distributor for proper destruction of out- dated or damaged controlled substances. If there are controlled substances a reverse distributor will not accept, the licensee,

permittee, or registrant shall then contact the Board office and request an inspection for the purpose of drug destruction.

F.       During the three-year record retention period specified in sub- section (A)(3), the person described in subsection (A)(3) shall provide to the Board upon its request a discontinued phar- macy’s records of the purchase and disbursement of narcotics or other controlled substances, prescription-only drugs or devices, nonprescription drugs, precursor chemicals, or regu- lated chemicals.

G.      During the seven-year record retention period specified in sub- section (A)(4), the person described in subsection (A)(4) shall provide to the Board upon its request a discontinued phar- macy’s records of prescription files and patient profiles.

Historical Note

New Section made by final rulemaking at 7 A.A.R. 3825, effective August 9, 2001 (Supp. 01-3). Amended by final

rulemaking at 11 A.A.R. 1105, effective April 30, 2005 (Supp. 05-1). Amended by final rulemaking at 12 A.A.R. 1912, effective July 1, 2006 (Supp. 06-2). Amended by final rulemaking at 14 A.A.R. 3670, effective November 8, 2008 (Supp. 08-3).