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(1) Upon permanent closure of a pharmacy, the original license becomes void and must be surrendered to the board within ten days.

(2) Whenever a pharmacy permanently closes, the owner shall notify the board of the closing no later than 15 days prior to the anticipated date of closing. The notice shall be submitted in writing and shall include the following information:

(a) the date the pharmacy will close;

(b) the names and addresses of the persons who will have custody of the closing pharmacy's:

(i) prescription files;

(ii) bulk compounding records;

(iii) repackaging records; and

(iv) controlled substance inventory records.

(c) the names and addresses of any persons who will acquire any legend drugs from the closing pharmacy, if known at the time the notice is filed.

(3) No later than 15 days after the pharmacy has closed, the owner shall submit to the board written confirmation that:

(a) all legend drugs have been either:

(i) destroyed; or

(ii) transferred to an authorized person(s), including the names and addresses of the person(s) to whom the legend drugs were transferred.

(b) controlled substances were transferred, including:

(i) names and addresses of the person(s) to whom the substances were transferred;

(ii) the substances transferred;

(iii) the amount of each substance transferred; and

(iv) the date on which the transfer took place.

(c) the DEA registration and all unused DEA 222 forms (order forms) were returned to the DEA;

(d) all pharmacy labels and blank prescriptions which were in the possession of the pharmacy were destroyed; and

(e) all signs and symbols indicating the presence of the pharmacy have been removed.

History: 37-7-201, MCA; IMP, 37-7-201, 37-7-321, MCA; NEW, 2007 MAR p. 1936, Eff. 11/22/07.

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