Termination of Business as a Pharmacy

PURPOSE: This rule establishes guidelines for the termination of business as a pharmacy. (1) A licensed pharmacy who plans to terminate business activities shall file a written notice with the State Board of Pharmacy. The written notice shall be submitted to the State Board of Pharmacy in person or by registered or certified mail within fifteen (15) days after the date of termination. This notice shall be made on a form provided by the board or in letter form from the licensee and shall include the following information: (A) The name, address, license (permit) number and effective date of closing; (B) The name, address, and license (permit) number of the entity to which any of the stock/inventory will be transferred; (C) The name and address of the location to which records, required to be maintained by law, have been transferred. 1. Any records that are transferred to an unlicensed location must be retrievable for board review within seven (7) working days of a request made by an authorized official of the board. 2. Any records that are transferred to a licensed (permitted) pharmacy or licensed drug distributor must be maintained in accordance with record requirements as set forth in section 338.100, RSMo. AND INSURANCE (2) The licensee (permit holder) terminating business may transfer all drugs and records in accordance with the following: (A) On the date of termination, a complete inventory of all controlled substances being transferred or disposed of shall be completed according to state and federal laws. This inventory shall serve as the final inventory of the pharmacy terminating business and as the initial inventory of the licensed entity to which the controlled substances are being transferred. A copy of the inventory shall be included in the records of each licensee or permit holder involved in the transfer. (B) A pharmacy terminating business shall not transfer misbranded, outdated or adulterated drugs, except for purposes of proper disposal; and (C) Upon the actual termination of business, the license (permit) of the pharmacy shall be returned to the State Board of Pharmacy for cancellation either in person or by registered or certified mail. (3) A one (1)-time transfer of drugs and devices due to a termination of business that is in compliance with this rule will not require a pharmacy to seek licensure as a drug distributor under sections 338.330 and 338.333, RSMo. (4) The requirements of this rule are not intended to replace or be in conflict with any other laws or regulations governing the appropriate licensure, change of ownership or change of location of a pharmacy. (5) The termination date is the date on which the permit holder ceases to practice pharmacy as defined in sections 338.010 and 338.210, RSMo, at the permitted location. AUTHORITY: sections 338.210 and 338.280, RSMo 1994.* This rule originally filed as 4 CSR 220-2.015. Original rule filed May 4, 1995, effective Dec. 30, 1995. Moved to 20 CSR 2220-2.015, effective Aug. 28, 2006. *Original authority: 338.210, RSMo 1951 and 338.280, RSMo 1951, amended 1971, 1981.