Code of Massachusetts Regulations
247 CMR - BOARD OF REGISTRATION IN PHARMACY
Title 247 CMR 6.00 - Registration, Management And Operation Of A Pharmacy Or Pharmacy Department
Section 6.10 - Distribution of Controlled Substances Upon Discontinuance or Transfer of Business of a Pharmacy or Pharmacy Department

Universal Citation: 247 MA Code of Regs 247.6

Current through Register 1531, September 27, 2024

(1) Any person who intends to transfer controlled substances in Schedules II through VI from one pharmacy or pharmacy department to another pharmacy or pharmacy department within the Commonwealth shall officially notify the Board in writing, by certified mail at least 14 days before the intended transfer, unless otherwise authorized by the Board, and shall provide the Board with the following information:

(a) The name, address and telephone number of the transferor pharmacy or pharmacy department;

(b) the name, address and telephone number of the transferee pharmacy or pharmacy department.

(c) the pharmacy permit number of the transferor pharmacy or pharmacy department;

(d) the pharmacy permit number of the transferee pharmacy or pharmacy department;

(e) the pharmacy controlled substance registration number of the transferor pharmacy or pharmacy department;

(f) the pharmacy controlled substance registration number of the transferee pharmacy or pharmacy department;

(g) the name and pharmacist registration number of the Manager of Record of the transferor pharmacy or pharmacy department;

(h) the name and pharmacist registration number of the Manager of Record of the transferee pharmacy or pharmacy department;

(i) the date on which the transfer of the controlled substances will take place; and

(j) the intended security procedures for transfer of the controlled substances.

(2) After proper notification, the transfer of controlled substances may occur provided the following procedures are adhered to:

(a) On the date of the transfer, a complete inventory of all controlled substances in Schedules II through V shall be taken in accordance with federal and state law;

(b) said inventory shall be signed by the pharmacist Manager of Record of the transferor pharmacy or pharmacy department and the pharmacist Manager of Record of the transferee pharmacy or pharmacy department. In the event that either pharmacist Manager of Record is unavailable due to death, serious illness, or termination for inappropriate handling of controlled substances, a staff pharmacist may be authorized to sign the inventory, provided the Board is notified at the time the application is submitted as to why the staff pharmacist is signing the inventory;

(c) both the transferor and transferee pharmacy or pharmacy department shall maintain a copy of the inventory for two years or as otherwise required by law;

(d) a copy of said inventory shall be filed with the Board within ten days of the transfer;

(e) the transferee pharmacy or pharmacy department shall receive all required controlled substance and controlled substance inventory records on the date of the transfer and maintain those records for two years; and

(f) the transferor pharmacy or pharmacy department shall not possess any controlled substances after the date of transfer.

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