49 Pa. Code § 27.11 - Pharmacy permit and pharmacist manager
(a) A permit to conduct a pharmacy issued
under section 4 of the act (63 P.S. §
390-4) shall show the name and address of the
pharmacy, the name of the current owner and the name of the current pharmacist
manager.
(b) A pharmacy may not
display, advertise or use any name other than the name in which it is
registered.
(c) The prescription
area of a pharmacy may not be open without a licensed pharmacist on duty at all
times. A sole pharmacist on duty may take up to a 30-minute break while the
pharmacy remains open consistent with the following:
(1) The pharmacist shall remain in the
pharmacy, or in the case of a pharmacy located within a retail establishment or
institution, in the immediate building containing the pharmacy, and shall be
accessible for emergencies or for counseling, if requested. For purposes of
this paragraph, the term "immediate building" means the physical structure that
contains the pharmacy. A pharmacy located at a complex consisting of multiple
retail and other business establishments, such as a mall, is not considered to
be "located within a retail establishment." In that case, the entire store
containing the pharmacy is licensed, and the pharmacist shall remain in the
store during a break.
(2) The
pharmacy may remain open during the pharmacist's break for patient-related
services, including:
(i) The receipt of new
written prescriptions.
(ii) The
preparation of prescriptions for final verification by the
pharmacist.
(iii) The delivery of
prescription medications that have been verified by the
pharmacist.
(d)
A change in name or ownership or controlling interest of the pharmacy shall
require a new permit. Applications for new permits shall be filed within 30
days of the change in name, ownership or controlling interest.
(e) A person or entity holding a certificate,
license, permit or registration as a licensed pharmacist or pharmacy may not
post or display in public view a current certificate, license, permit,
registration or renewal of a person not lawfully employed by the
licensee.
(f) A pharmacy which
closes or otherwise ceases operation shall immediately return to the Board its
current permit and shall immediately inform the Board of the disposition of the
prescription files and nonproprietary drugs. After 30 days, neither
prescription files nor nonproprietary drugs may be sold, transferred or
disposed of without prior permission from the Board. When a pharmacy closes or
ceases operation, signs, symbols or other indications of a pharmacy shall
immediately be removed from both the interior and exterior of the
premises.
(g) If the pharmacist
manager ceases to hold that position, the pharmacy permit holder shall inform
the Board in writing of this fact and of the new pharmacist manager not more
than 15 days later. If the Board does not object within 30 days of
notification, the new pharmacist manager may be deemed approved. If the permit
holder is unable to replace the pharmacist manager within those 15 days, the
permit holder may request in writing an extension of up to 30 additional days
to obtain a replacement. A pharmacy may not operate without a pharmacist
manager for more than 15 days unless the pharmacy first obtains from the Board
an extension of time for obtaining a replacement.
(h) A pharmacist may not serve as the
pharmacist manager of more than one pharmacy at any given time. The holder of a
permit to operate a pharmacy which has lost the services of a pharmacist
manager and cannot obtain a suitable replacement may apply in writing to the
Board for a temporary waiver of this subsection. The Board may grant a waiver
which would authorize a pharmacist manager to serve as pharmacist manager of
more than one pharmacy for up to 60 days after the initial 15 days permitted
under subsection (g).
(i) Each
pharmacy in this Commonwealth will require a separate permit regardless of
ownership unless the pharmacy is a satellite pharmacy as defined in §
27.1 (relating to
definitions).
(j) The pharmacist
manager shall notify the Board in writing of the termination of employment of a
pharmacist, pharmacy intern, pharmacy technician or pharmacy technician trainee
for any drug-related reason, including adulteration, abuse, theft or diversion.
In the event a pharmacist manager is terminated for any drug-related reason,
the pharmacy permit holder shall be responsible for notifying the Board of the
termination. Notice shall be provided within 15 days after the
termination.
Notes
The provisions of this § 27.11 amended under sections 4(2) and 6(k)(1) and (9) of the Pharmacy Act (63 P. S. §§ 390-4(j), 390-6(k)(1) and (9)).
This section cited in 6 Pa. Code §22.62 (relating to conditions of provider participation); 49 Pa. Code § 27.16 (relating to construction and equipment requirements); and 49 Pa. Code § 43b.7 (relating to schedule of civil penalties-pharmacists and pharmacies).
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