Procedures for Closing/Selling Pharmacy
At least 40 days prior to closing your pharmacy, the pharmacist in charge (PIC) of the closing pharmacy must be notified of the pending sale or pharmacy closing. The pharmacy owner may require that the PIC keep the information regarding the pending sale confidential until the information is made public. The PIC is responsible for working with the pharmacy owner to ensure that all required notifications are completed in a timely manner and that all closing procedures are followed. The PIC of the purchasing or receiving pharmacy must be notified at least 30 days prior to the pharmacy closing.
At least 30 days prior to closing your pharmacy or executing the sale of your pharmacy, pharmacy patients with active prescriptions on file with your pharmacy must be notified, via direct mail or personal delivery and public notice, that the pharmacy will be closing. Any new patients filling prescriptions during that 30-day period prior to the pharmacy closing shall receive written notification of the closing.
Also 30 days prior to closing your pharmacy or executing the sale of your pharmacy, a written notice shall be sent to the Board office and to the Drug Enforcement Administration, Federal Building, Room 937, 210 Walnut Street, Des Moines, Iowa 50309. The notice shall include, as a minimum, the following:
- Name, address, DEA registration number, CSA registration number, and Iowa pharmacy license number of the pharmacy discontinuing business (seller pharmacy).
- Name, address, DEA registration number, CSA registration number, and Iowa pharmacy license number of the pharmacy to whom the prescription drugs will be transferred (buyer pharmacy).
- Name, address, DEA registration number, CSA registration number, and Iowa pharmacy license number, as applicable, of the location at which the records of the purchase and disbursement of controlled drugs will be kept. State and federal laws require that these records be maintained for a minimum two years past the date of last entry.
- Name, address, DEA registration number, CSA registration number, and Iowa pharmacy license number, as applicable, of the location at which the prescription files, patient, and family records will be kept.
- The anticipated date of discontinuing business (sale or closing).
Unless the licensee is informed by the Board office before the anticipated date of discontinuing business that the transfer of prescription drugs may not occur, the licensee discontinuing business may transfer the drugs in accordance with the following procedures:
- A complete inventory of ALL PRESCRIPTION DRUGS being transferred shall be taken as of the close of business. The inventory shall serve as the ending inventory for the licensee discontinuing business as well as a record of additional or starting inventory for the licensee or registrant to whom the drugs are transferred.
- The inventory of all controlled substances shall be an accurate inventory. Schedule II controlled substances must be transferred on federal DEA order forms. The inventory of all noncontrolled prescription drugs may be estimated unless quantities exceed 1000, in which case an accurate inventory must be taken.
- The inventory shall include the name, strength, dosage, form, and quantity of all prescription drugs transferred.
- Substances which are intended to be destroyed but destruction was not completed prior to the pharmacy closing must be transferred in the same manner as all other drugs. The new owner should arrange for the destruction or other legal and appropriate disposal of these substances. UNDER NO CIRCUMSTANCES should controlled substances be destroyed by the pharmacist.
- A copy of the inventory shall be included in the records of each licensee. DO NOT FORWARD INVENTORY RECORDS TO THE BOARD OFFICE unless specifically requested to do so.
Return the pharmacy license certificate and state controlled substances certificate for the pharmacy discontinuing business to the Board office within ten (10) days of closing. The DEA registration certificate and all unused DEA Schedule II order forms must be returned to the Drug Enforcement Administration, 317 South 16th Street, St. Louis, Missouri 63103. Within 10 days of closing, cancel all authorizations for the DEA online controlled substances ordering system (CSOS) ad all digital certificates issued to the closing pharmacy for the purpose of ordering controlled substances.
Only the pharmacist in charge of the pharmacy discontinuing business shall have access to the prescription drugs until those drugs are transferred to the new owner. REMEMBER, once the pharmacy is closed and the license surrendered to the Board office, the drugs MUST be removed from the premises. If they are not promptly removed after closing the pharmacy they may be subject to seizure by the Board. DO NOT create a situation whereby these drugs can be stolen and diverted to illicit use.
Within 10 days of closing the pharmacy, all signs identifying the closed location as a pharmacy must be removed or covered.
If30 days’ written notice cannot be provided, telephone the Board office as soon as the decision is made to discontinue business. The Board may be able to work with you to ensure an orderly and legal transfer of prescription drugs and records.
The "Procedures for Closing/Selling a Pharmacy" and a closing procedures checklist to assist you is available here.
If you need additional information regarding these procedures, please contact Diana Carlos-Pirillo.