059-19 Wyo. Code R. §§ 19-12 - Resident Retail Pharmacy Closure or Change of Ownership

(a) Resident Retail Pharmacy Closure. Not less than twenty-one (21) days prior to a resident retail pharmacy, licensed by the Board, permanently ceasing operation, the Board shall receive written notice of the following:

(i) The last day the retail pharmacy will be open for business;

(ii) The proposed disposition of all prescription files, both hard copy and electronic records;

(iii) The proposed disposition of all prescription drug inventory, including controlled and non-controlled prescription drug products;

(iv) The proposed method of communicating to the public the last day the pharmacy will be open for business, the location of prescription records after the pharmacy closes, and how the patients can arrange for transfer of their prescription records to a pharmacy of their choice. Included in this communication shall be a description of the method of transfer of prescription records, including the last day a transfer may be made from the pharmacy closing and the initial date the prescription may be transferred from the pharmacy that acquired the prescription records. Communication to the public must begin no later than fourteen (14) days prior to the last day the pharmacy will be open for business;

(v) If prescription records are not transferred to another pharmacy, the name, address and telephone number of the custodian of prescription records must be provided. Prescription records must be maintained for two (2) years from the date of closure;

(vi) The scheduled date to have all signage removed from the exterior and interior of the building that includes the wording "drug," "pharmacy," "drugstore," "Rx," "Apothecary" or other terms or symbols that might indicate or signify by any advertising medium that such an establishment is a licensed pharmacy;

(vii) The name, address and telephone number of the custodian of records for the following documents, which must be maintained for two (2) years from the date of closure:

(A) Completed DEA 222 forms or retrievable electronic equivalent;

(B) Invoices for purchases of Schedule III, IV and V controlled substances; and

(C) Patient signature logs.

(viii) The date the Drug Enforcement Administration (DEA) was contacted regarding the closure and that all invoices and DEA 222 forms referencing the sale of controlled substances at closure, blank DEA 222 forms, and the DEA registration certificate were returned to the regional DEA office;

(ix) At the close of business on the last day the retail pharmacy is open for business, a controlled substance inventory, including all Schedule II, III, IV and V controlled substances, shall be taken. This inventory shall be dated and signed by the PIC. A copy shall be provided to the Board;

(x) An inspection of the pharmacy shall be conducted by the Board after the retail pharmacy has closed for business and all prescription drug stock has been removed. At the time of inspection, the following documents shall be provided to the Compliance Officer:

(A) A copy of the final controlled substance inventory;

(B) Documentation, as noted in this chapter, regarding notification to the public of the closure of the retail pharmacy;

(C) The Wyoming retail pharmacy license;

(D) Documentation of the transfer of all prescription drug inventory (controlled and non-controlled) to a third party authorized to have such possession of inventory. Under no circumstance may prescription drug inventory remain in the possession of a person or business not authorized by law to have possession; and

(E) Any changes to information previously provided to the Board as required in this chapter.

(xi) It is unprofessional conduct for a retail pharmacy to close in a manner other than that prescribed in this chapter; and

(xii) If a retail pharmacy purchases the patient prescription records (electronic and hard copy prescription), those records shall be maintained by the acquiring retail pharmacy for a minimum of two (2) years from the date of closure.

(b) Resident Retail Pharmacy Change of Ownership. When a change of ownership necessitates a change of DEA registration number, the following is required:

(i) Not less than twenty-one (21) days prior to a resident retail pharmacy, licensed by the Board, changing ownership, without closing, the Board shall receive written notice of the following:

(A) The last day the seller will have ownership of the retail pharmacy;

(B) The proposed disposition of all prescription files, including both hard copy and electronic records;

(C) The proposed transfer of the prescription drug inventory, including controlled and non-controlled prescription drug products;

(D) The proposed method of communicating to the public the change in ownership, not later than fourteen (14) days prior to the date the ownership will change;

(E) The name, address and telephone number of the custodian of records for the following documents of the seller, which must be retained for two (2) years from the date of the transfer of ownership:

(I) Completed DEA 222 forms or retrievable electronic equivalent;

(II) Invoice for purchases of Schedule III, IV and V controlled substances; and

(III) Patient signature logs.

(F) The date the DEA was contacted regarding the change of ownership and confirmation that all invoices and DEA 222 forms referencing the sale of controlled substances at closure, blank DEA 222 forms, and the DEA registration certificate were delivered to the regional DEA office.

(ii) At the close of business on the last date the pharmacy is under the prior ownership, a controlled substance inventory, including all Schedule II, III, IV and V controlled substances shall be taken. This inventory shall be dated and signed by the PIC from the prior and the new ownership. A copy shall be provided to the Board;

(iii) An inspection of the pharmacy shall be conducted by the Board after the change in ownership. The following documents shall be provided to the Compliance Officer:

(A) Documentation of the transfer of all controlled and non-controlled prescription drug inventory will be provided to the Board. Under no circumstances may prescription drug inventory remain in the possession of the person or business not authorized to have possession;

(B) The Wyoming retail pharmacy license of the prior owner;

(C) Any changes to information previously provided to the Board as required in this chapter;

(D) Information necessary to process a new Wyoming retail pharmacy license, including information about the new PIC; and

(E) Information necessary to process a new Wyoming controlled substance registration and federal DEA registration.

(iv) It is unprofessional conduct for a retail pharmacy to transfer ownership in a manner other than that prescribed in this chapter.

Notes

059-19 Wyo. Code R. §§ 19-12

Adopted, Eff. 12/19/2018.