Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 110 - BOARD OF PHARMACY › Chapter 20 - REGULATIONS GOVERNING THE PRACTICE OF PHARMACY › Part II - Pharmacies › Section 18VAC110-20-130 - Pharmacy closings; going out of business; change of ownership

Current through Register Vol. 40, No. 24, July 15, 2024
A. At least 14 days
				  prior to the date a pharmacy closes in accordance with §
										54.1-3434.01
				  of the Code of Virginia or goes out of business, the owner shall notify the
				  board. The proposed disposition of all Schedule II through VI drugs,
				  prescription dispensing records, patient information records, and other
				  required records shall be reported to the board. If the pharmacy drug stock and
				  records are to be transferred to another licensee, the owner shall inform the
				  board of the name and address of the licensee to whom the drugs and records are
				  being transferred and the date of transfer. Prescription records for
				  prescriptions with active refills shall be transferred to another pharmacy
				  where a patient may obtain access for the purpose of obtaining refills either
				  at that location or in accordance with the transfer provisions of
				  18VAC110-20-360.
B. Exceptions to
				  the public notice as required in §
										54.1-3434.01
				  of the Code of Virginia and the notice required in subsection A of this section
				  shall be approved by the board and may include sudden closing due to fire,
				  destruction, natural disaster, death, property seizure, eviction, bankruptcy,
				  or other emergency circumstances. If the pharmacy is not able to meet the
				  notification requirements of §
										54.1-3434.01,
				  the owner shall ensure that the board and public are properly notified as soon
				  as he knows of the closure and shall disclose the emergency circumstances
				  preventing the notification within the required deadlines.
C. In the event of an exception to the notice
				  as required in §
										54.1-3434.01
				  of the Code of Virginia and in subsection A of this section, the PIC or owner
				  shall provide notice as far in advance of closing as allowed by the
				  circumstances.
D. At least 14 days
				  prior to any change in ownership of an existing pharmacy, the owner shall
				  notify the board of the pending change.
1.
				  Upon any change in ownership of an existing pharmacy, the prescription
				  dispensing records for the two years immediately preceding the date of change
				  of ownership and other required patient information shall be provided to the
				  new owners on the date of change of ownership in substantially the same format
				  as previously used immediately prior to the transfer to provide continuity of
				  pharmacy services.
2. The previous
				  owner shall be held responsible for assuring the proper and lawful transfer of
				  records on the date of the transfer.
3. The format of the prescription dispensing
				  records which are transferred to a new owner shall comply with the requirements
				  of Chapter 34 (§
											54.1-3400 et seq.) of
				  Title 54.1 of the Code of Virginia, and this chapter. Failure to comply with
				  this chapter during a change in ownership shall be deemed to be a closing of
				  the existing pharmacy for which the existing pharmacy owner shall be required
				  to provide notice to the board and public in accordance with §
											54.1-3434.01
				  of the Code of Virginia and subsection A of this section.