A pharmacy may close the prescription department during its posted hours of operation only if the pharmacist who was scheduled to work cannot do so and a replacement pharmacist cannot reasonably be scheduled to work.
- The pharmacy may not be closed for more than one calendar day per closing.
- The pharmacy may not be closed for more than 18 days in a 365-day period or more than twice in a 30-day period.
- The pharmacy manager must report the unscheduled closing to the Commission of Pharmacy within 72 hours of the closing. The unscheduled closure must be reported using the License Maintenance function in eLicense.
Unscheduled Closing Plans
Each pharmacy shall maintain a plan to manage unscheduled closings which shall be reviewed on an annual basis and provided to and reviewed with all pharmacy personnel annually.
Unscheduled Closing Plans must contain:
- The name of the individual responsible for notifying the Commission of Pharmacy of an unscheduled closing. The unscheduled closure must be reported using the License Maintenance function in eLicense. If the pharmacy is part of a chain with more than five pharmacy locations in the state, include how the individual will coordinate with the corporate office to report the closure using eLicense;
- The name of the individual responsible for updating the hours of operation in the pharmacy’s electronic record system to prevent acceptance of electronically transmitted prescriptions during an unscheduled closing;
- The name of the individual who is responsible for updating the pharmacy’s telephone system during an unscheduled closing to:
- Prevent the acceptance of orally transmitted prescriptions during the unscheduled closing; and,
- Provide a message that alerts patient that such pharmacy will be closed and their prescriptions may be obtained from a nearby pharmacy;
- A list of all pharmacies located within a two-mile radius of the pharmacy experiencing an unscheduled closing, or the next closest pharmacy if there is no pharmacy within such two-mile radius; and,
- The name of the individual responsible for posting, at the entrance of the pharmacy and at each entrance of the structure if the pharmacy is located within another structure, signage stating the duration of the unscheduled closing.
What to Do if There is an Unscheduled Closing
In the event of an unscheduled closing the pharmacy manager of the pharmacy or, if the pharmacy operates more than five pharmacy locations in this state, the pharmacy district manager, shall:
- Notify the Department of Consumer Protection of the unscheduled closure using the License Maintenance function in eLicense;
- Modify such pharmacy’s hours of operation in such pharmacy’s electronic record system to prevent the acceptance of electronically transmitted prescriptions during the unscheduled closing;
- Adjust such pharmacy’s telephone system to prevent the acceptance of orally transmitted prescriptions during the unscheduled closing;
- Provide a telephone system message that alerts patients that:
- The pharmacy is not open; and,
- Patients may obtain medications from a nearby pharmacy;
- Post signage at the entrance to such pharmacy, and at each entrance of the structure if such pharmacy is located within another structure:
- Stating that the pharmacy is closed;
- Disclosing the duration of the unscheduled closing; and,
- Providing:
- A list of pharmacies located within a two-miles radius; and,
- The next closest pharmacy if there is no pharmacy within a two-miles radius; and,
- Upon request by another pharmacy to transfer a prescription to such other pharmacy, transfer any prescription dispensed by the pharmacy experiencing the unscheduled closing and reverse any third-party payor claims associated with the prescription.
Transferring a Prescription During an Unscheduled Closing
Any pharmacy that verifies that another pharmacy is experiencing an unscheduled closing may, upon a patient’s request, dispense a prescription that is dispensed and waiting at the pharmacy experiencing the unscheduled closing by:
- Using information obtained from the electronic prescription drug monitoring program; or,
- Another source that the pharmacist dispensing such prescription believes provides a reasonable assurance of accurate information necessary to dispense such prescription (Examples: Another pharmacy in the chain, the prescriber or another reliable data source).
If another pharmacy dispenses the prescription during an unscheduled closing of the pharmacy:
- The dispensing pharmacy shall contact the pharmacy experiencing the unscheduled closing within 24 hours after reopening to transfer the prescription;
- The pharmacy that experienced the unscheduled closing shall provide to the pharmacy that dispensed the prescription all necessary information to complete the transfer; and,
- The pharmacy that experienced the unscheduled closing shall reverse any third–party payor claims associated with the transferred prescription not later that 24 hours after the pharmacy reopens.