Florida Regulations 64B16-28.202: Closing of a Pharmacy; Transfer of Prescription Files
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(1) The term “”prescription files”” as used herein shall mean the drug dispensing records of a pharmacy which shall include all orders for drugs or medicinal supplies as defined by Florida Statutes § 465.003(7), inclusive of dispensing records for medicinal drugs listed within the provisions of Florida Statutes § 893.03, issued by a duly licensed practitioner, which serve to transfer possession of medicinal drugs from the pharmacy to the ultimate consumer.
(2) The term “”closing of a pharmacy”” as used herein shall mean the cessation or termination of professional and business activities within a pharmacy for which a permit has been issued under Florida Statutes Chapter 465
(3) Prior to closure of a pharmacy the permittee shall notify the Board of Pharmacy in writing as to the effective date of closure, and shall:
(a) Return the pharmacy permit to the Board of Pharmacy office or arrange with the local Bureau of Investigative Services of the Department to have the pharmacy permit returned to the Board of Pharmacy;
(b) Advise the Board of Pharmacy which permittee is to receive the prescription files.
(4) On the date of closure of a pharmacy the former permittee shall:
(a) Physically deliver the prescription files to a pharmacy operating within reasonable proximity of the pharmacy being closed and within the same locality. This delivery of prescription files may occur prior to the return of the pharmacy permit to the Board of Pharmacy office; and,
(b) Affix a prominent sign to the front entrance of the pharmacy advising the public of the new location of the former permittee’s prescription files or otherwise provide a means by which to advise the public of the new location of their prescription files.
(5) After the closing of a pharmacy as defined herein, the custody of the prescription files of the pharmacy shall be transferred to the new permittee, unless the former permittee and the new permittee inform the Board in writing that custody of the prescription files have been or are to be transferred to a pharmacy other than the new permittee.
(6) A pharmacy receiving custody of prescription files from another pharmacy shall maintain the delivered prescriptions in separate files so as to prevent intermingling with the transferee pharmacy’s prescription files.
Rulemaking Authority 465.022(1)(g) FS. Law Implemented 465.022(1)(g) FS. History-New 12-26-79, Formerly 21S-16.02, 21S-16.002, Amended 7-31-91, Formerly 21S-28.202, 61F10-28.202, 59X-28.202, Amended 4-5-05.
(3) Prior to closure of a pharmacy the permittee shall notify the Board of Pharmacy in writing as to the effective date of closure, and shall:
(a) Return the pharmacy permit to the Board of Pharmacy office or arrange with the local Bureau of Investigative Services of the Department to have the pharmacy permit returned to the Board of Pharmacy;
(b) Advise the Board of Pharmacy which permittee is to receive the prescription files.
(4) On the date of closure of a pharmacy the former permittee shall:
(a) Physically deliver the prescription files to a pharmacy operating within reasonable proximity of the pharmacy being closed and within the same locality. This delivery of prescription files may occur prior to the return of the pharmacy permit to the Board of Pharmacy office; and,
(b) Affix a prominent sign to the front entrance of the pharmacy advising the public of the new location of the former permittee’s prescription files or otherwise provide a means by which to advise the public of the new location of their prescription files.
(5) After the closing of a pharmacy as defined herein, the custody of the prescription files of the pharmacy shall be transferred to the new permittee, unless the former permittee and the new permittee inform the Board in writing that custody of the prescription files have been or are to be transferred to a pharmacy other than the new permittee.
(6) A pharmacy receiving custody of prescription files from another pharmacy shall maintain the delivered prescriptions in separate files so as to prevent intermingling with the transferee pharmacy’s prescription files.
Rulemaking Authority 465.022(1)(g) FS. Law Implemented 465.022(1)(g) FS. History-New 12-26-79, Formerly 21S-16.02, 21S-16.002, Amended 7-31-91, Formerly 21S-28.202, 61F10-28.202, 59X-28.202, Amended 4-5-05.