Arkansas Administrative Code › Agency 070 - Board of Pharmacy › Rule 070.00.96-004 - Reg. 28 - Licensed Pharmacy Permits

Current through Register Vol. 49, No. 6, June, 2024
28. Licensed pharmacy permits will be
		  considered by the Board staff upon written application in such forms as may be
		  adopted by the Board. The permit will be issued in the name of the licensed
		  pharmacist who shall be directly responsible to the Board of Pharmacy for the
		  operation of the prescription department.
A.
		  Applications for pharmacy permits other than annual renewal of existing
		  permits, will be reviewed by the Board of Pharmacy Staff. Provided that no
		  pharmacy may open for business within 30 days of submission of original
		  application. Applications for a pharmacy permit for a new pharmacy must have
		  the name and license number of the pharmacist in charge at the time of
		  submission and cannot be altered except by submission of an application for
		  change of pharmacist in charge and the fee as defined in regulation 59. The
		  pharmacist in charge of the new pharmacy application cannot be the pharmacist
		  in charge of another pharmacy at the time submission of the new pharmacy
		  application. If a post office box is used as the address for the pharmacy, the
		  actual street address must also be included on the application. The Executive
		  Director may require that a representative of the ownership and pharmacist in
		  charge appear before the Board of Pharmacy to finalize the application. After
		  review by the Board of Pharmacy Staff, an "Inspection Request Form" will be
		  sent to the address given as that of the ownership of the pharmacy making
		  application. The inspection request form must be received in the Board of
		  Pharmacy office at least one week before the facility will be ready for
		  inspection. Upon approval of the inspection of the physical facility by the
		  Board of Pharmacy Inspector, the Executive Director will complete the final
		  approval of the application and the permit number will be issued.
B. In any building, firm, or place of
		  business where the pharmacy is a leased operation, and/or in situations where
		  the pharmacist in charge does not own a substantial part of the business and is
		  not manager of the total operation, and/or where the pharmacy is a department
		  in a larger business that is not a drugstore or pharmacy, the prescription
		  department shall be completely separated from the remainder of the building by
		  some type of partition and said department shall be arranged and constructed so
		  that the public will not have access to any legend drugs or medicine.
The prescription area or department of any pharmacy, firm or
			 place of business must be constructed so that it may be locked to prevent
			 unauthorized persons from entering it in the absence of a licensed pharmacist,
			 (or other authorized prescription personnel.)
A copy of the signed lease must be submitted with the application
			 of the original permit, and at such other times as the original lease is
			 changed or renewed.
C. No
		  pharmacy permit shall be issued or continued for the conduct of a pharmacy or
		  drugstore unless the premises are equipped with the necessary appliances for
		  maintenance of proper sanitation and kept in a clean, sanitary and orderly
		  manner.
D. Pharmacists, employed
		  and in charge of pharmacies or drugstores, are required to notify the Board of
		  Pharmacy and surrender for cancellation the permit issued in their names
		  immediately upon the termination of such employment. It shall be the duty of
		  the owner of such pharmacies or drugstores to immediately notify the Board upon
		  the termination of employment of licensed pharmacists and to cause the
		  surrender of permit as indicated. The further operation of the pharmacy or
		  drugstore in the absence of a replacement and the issuance of a new permit is
		  forbidden by law and each day so operated will be considered a separate
		  offense.
E. The permit licenses the
		  pharmacy or drugstore to which it is issued and is not transferable. It is
		  issued on the application of the owner and the licensed pharmacist in charge,
		  on the sworn statement that it will be conducted in accordance with the
		  provisions of law.
F. When a
		  licensed pharmacist in whose name a permit has been issued leaves the
		  employment of such pharmacy or drugstore, he will be held responsible for
		  proper notification to the Board of Pharmacy of such termination of his
		  services within five days in addition to providing the Board of Pharmacy with
		  an inventory of controlled drugs as defined in Regulation 29. Neglect on his
		  part to so notify the Board and to provide said inventory will operate to
		  prevent his securing a permit to take charge or operate another pharmacy or
		  drugstore at a subsequent date.
G.
		  When the licensed pharmacist in whose name a permit has been issued to a
		  pharmacy for any reason ceases to be actually the person who has responsible
		  supervision over said pharmacy or drugstore the permit becomes void, and must
		  be surrendered to the Board before a duplicate will be issued to said pharmacy.
		  Where there is merely a change of licensed pharmacist one replacing the other
		  as the pharmacist in charge, a duplicate permit will be issued upon proper
		  application and payment of a fee as defined in regulation 59.
H.
1. Upon
		  a change of ownership of a pharmacy as set out herein, a new permit shall be
		  secured by the new owner(s). The new owner(s) can continue operation of the
		  pharmacy for fourteen (14) days after the effective date of the change of
		  ownership; after the said fourteen (14) day period, the permit issued to the
		  prior owner shall be void and same shall be surrendered to the Executive
		  Director of the Board of Pharmacy.
2. A change of ownership of a pharmacy occurs
		  under, but is not limited to the following circumstances:
A. A change of ownership of a pharmacy, owned
		  by a SOLE PROPRIETOR, is deemed to have occurred when:
1. The pharmacy is sold and the sale becomes
		  final or the new owner assumes control of the pharmacy-which ever occurs
		  first.
2. The proprietor enters
		  into a partnership with another individual or business entity.
B. A change of ownership of a
		  pharmacy, owned by a PARTNERSHIP, is deemed to have occurred when:
1. There is an addition or deletion of one or
		  more partners in a partnership to which a pharmacy license has been
		  issued.
2. The pharmacy is sold and
		  the sale becomes final or the new owner assumes control of the pharmacy-which
		  ever occurs first.
C. A
		  change of ownership of a pharmacy, owned by a CORPORATION, is deemed to have
		  occurred when:
1. An individual or business
		  acquires or disposes of twenty percent (20%) or more of the corporation's
		  outstanding shares of voting stock. (This shall not apply to any corporation
		  the voting stock of which is actively traded on any securities exchange or in
		  any over the counter market); or
2.
		  The corporation merges with another business or corporation; (The corporation
		  owning the pharmacy is required to notify the Arkansas State Board of Pharmacy
		  if a change of ownership or merger occurs within the parent corporation of the
		  corporation which owns the pharmacy); or
3. The corporation's charter expires or is
		  forfeited; or
4. The pharmacy is
		  sold and the sale becomes final or the new owner assumes control of the
		  pharmacy-which ever occurs first.
I. Pharmacies or drugstores opening for
		  business must first secure a permit and be licensed with the Board of Pharmacy
		  before they may lawfully conduct a pharmacy or drugstore. A fee of as defined
		  in regulation 59 is charged for issuing such original permit. All pharmacies or
		  drugstores must register with the Board annually and secure an annual permit
		  and pay a Renewal fee as defined in regulation 59.
J. Permits must be posted in a conspicuous
		  place. This requirement is not met when a permit is locked in a safe, placed in
		  a desk drawer, or otherwise hidden away.
K. No pharmacy permit shall be issued to any
		  drugstore or pharmacy when the licensed pharmacist in charge of the
		  prescription department is not on duty in that pharmacy a minimum of 40 hours
		  per week. A pharmacist in charge of a retail pharmacy may act as a consultant
		  or part-time pharmacist.
L. The
		  pharmacist in charge is responsible for the security and accountability of all
		  drugs, legend and/or controlled, stored in said pharmacy and is responsible for
		  the validity and legality of all prescriptions upon which drugs are dispensed
		  in said drugstore or pharmacy. Dispensing of drugs classified as controlled
		  drugs under any of the schedules classifying drugs under either state or
		  federal law governing controlled substances is the primary responsibility of
		  the Pharmacist in Charge and is also the responsibility of such other
		  pharmacist, interns or students as may have dispensed said drugs. In the event
		  of a shortage of said drugs revealed by an accountability inventory of either
		  federal or state agencies, the Pharmacist in Charge shall be held primarily
		  responsible for such shortage and shall be subject to disciplinary action by
		  the State Board of Pharmacy. Any other pharmacists, interns, or students
		  causing or aiding or abetting the said unlawful shortage of said drugs shall
		  also be subject to disciplinary action by the State Board of
		  Pharmacy.
M. No pharmacy may open
		  for business, nor may it be inspected for the purpose of obtaining a permit,
		  prior to the approval by the Board.
N. Any pharmacist, when making his or her
		  initial application to be licensed as Pharmacist in Charge, must satisfactorily
		  complete a test on the requirements and responsibilities of a Pharmacist in
		  Charge. The test shall be developed and administered by the Board of Pharmacy
		  or its representatives.
O. The
		  Pharmacist in Charge named on any licensed pharmacy permit or pharmacist on
		  call as designated by the Pharmacist in Charge, shall have immediate access to
		  the pharmacy at all times and if requested by Board of Pharmacy Inspectors
		  he/she shall show satisfactory proof of access.
The responsibility to assure compliance with this regulation
			 rests both with the pharmacist and with the pharmacy owner if they are not the
			 same. 10/09/80 (Revised 2/17/82, 6/13/85, 2/10/87, 4/07/89, 6/20/91, and
			 6/20/96)