Code of Maine Rules
02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION
392 - MAINE BOARD OF PHARMACY
Part 3 - OPERATION OF DRUG OUTLETS
Chapter 13 - OPERATION OF RETAIL PHARMACIES
Section 392-3-13-9 - Permanent Closing of a Retail Pharmacy

(1) If the controlled substances are being sold or given to another DEA registrant-

(2) If the controlled substances are not being sold or given to another DEA registrant, the retail pharmacy shall turn over to the board on closing day for safekeeping, at the sole expense of the pharmacy, all controlled substances in its possession, custody or control, together with appropriate inventory information. The pharmacy shall lawfully sell or dispose of these drugs within 60 days after closure. If the pharmacy fails to lawfully sell or dispose of these drugs within that time, the drugs shall be deemed forfeit to the board on the 61st day after closure without need of any action by the board. The board shall then dispose of the drugs with no compensation to the pharmacy. In the event of forfeiture as set forth herein, the retail pharmacy remains liable for all costs incurred by the board in the transportation, safekeeping and disposition of the drugs.

(1) If the prescription legend drugs are being sold or given to another pharmacy, the bulk transfer of such drugs shall be made on closing day and memorialized by invoice, with copies to each party.

(2) If the prescription legend drugs are not being sold or given to another pharmacy, the retail pharmacy shall turn over to the board on closing day for safekeeping, at the sole expense of the drug outlet, all prescription legend drugs in its possession, custody or control, together with appropriate inventory information. The pharmacy shall lawfully sell or dispose of these drugs within 60 days after closure. If the pharmacy fails to lawfully sell or dispose of these drugs within that time, the drugs shall be deemed forfeit to the board on the 61st day after closure without need of any action by the board. The board shall then dispose of the drugs with no compensation to the pharmacy. In the event of forfeiture as set forth herein, the retail pharmacy remains liable for all costs incurred by the board in the transportation, safekeeping and disposition of the drugs.

(1) If the prescription files and patient profiles are being sold to another pharmacy or are being transferred to another pharmacy in the same chain, the retail pharmacy that is closing shall transfer the files and profiles on closing day. The recipient pharmacy must keep the files and profiles for the time required by Chapter 24 of the board's rules.

(2) If the prescription files and patient profiles are not being sold or transferred, the retail pharmacy shall find a pharmacy within a reasonable distance that is willing to be custodian of the records. The custodian pharmacy must keep the files and profiles for the time required by Chapter 24 of the board's rules.

(1) Name, address, and DEA number of the closed pharmacy;

(2) Return of any unused DEA Form 222s;

(3) Copy of the controlled substances inventory and all schedules; and

(4) Copies of DEA Form 222 completed pursuant to Section 8(2)(B)(1)(a) of this chapter.

(1) Return of the license for the closed retail pharmacy;

(2) Report that all signs indicating the presence of the closed pharmacy have been removed;

(3) Report that all labels and blank prescriptions have been destroyed;

(4) Report that the DEA license and all unused DEA Form 222s have been returned to the DEA;

(5) Report as to the disposition of controlled substances and prescription legend drugs made pursuant to Section 8(2)(B)and (C) of this chapter; and

(6) Report as to the disposition of prescription files and patient profiles made pursuant to Section 8(2)(D) of this chapter.