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§ 390-4. Permit to conduct a pharmacy

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: December 7, 2015

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 11. Pharmacy Act (Refs & Annos)
Effective: December 7, 2015
63 P.S. § 390-4
§ 390-4. Permit to conduct a pharmacy
Currentness
(a) The State Board of Pharmacy shall issue a permit to any person to conduct a pharmacy who has filed an application therefor, subscribed by the applicant under oath or affirmation, and containing such information as the board may require, and whose proposed pharmacy complies with all requirements of this act, including the following:
(1) Has the necessary reference books, current supplements to these reference books and the professional equipment, technical equipment and other pharmaceutical equipment which such books, supplements and equipment have been determined by the board to meet the needs of the practice of pharmacy for the area and type of practice;
(2) Has sufficient physical facilities, including equipment, size, space and sanitation for adequately distributing and dispensing drugs and devices consonant with the protection of the public health, safety and welfare as the board may by regulation establish;
(3) Contains a suitable book or file in which shall be preserved, for a period of not less than two years, every prescription compounded or dispensed therein;
(3.1) Adheres to the following requirements for transferring prescriptions between pharmacies in Pennsylvania:
(i) The prescription is for a drug which is lawfully refillable.
(ii) The drug is not a Schedule II controlled substance.
(iii) An original or new prescription is not required from the prescriber by law.
(iv) The pharmacist transferring the prescription cancels the original prescription in his records and indicates on the prescription records to whom the prescription was transferred, including the name of the pharmacy, the date of transfer and the name or initials of the transferring pharmacist.
(v) The pharmacist receiving the transferred prescription:
(A) Notes on the prescription that it is a transferred prescription.
(B) Records all of the following on the prescription records in addition to other information required by law:
(I) Date of issuance of original prescription.
(II) Date of original filing of prescription.
(III) Original number of refills authorized on prescription.
(IV) Complete refill record from original prescription.
(V) Number of valid refills remaining.
(C) Notes the location and file number of the original prescription.
(D) Notes the name of the pharmacy and pharmacist from whom the prescription was transferred.
(vi) A pharmacist may transfer a prescription to another pharmacist employed by the same corporation without regard to the requirements of subclauses (iv) and (v), provided that both pharmacists have access to the same computerized prescription transfer system which contains the prescription and refill records and incorporates procedures to prevent unauthorized refills.
(3.2) Following a period of three years after the effective date of this act, the board shall conduct a study to determine the need for legislative enactment of the mandatory maintenance of individual medication profiles by pharmacists and submit a report of its findings, within one year, to the House Professional Licensure Committee and the Consumer Protection and Professional Licensure Committee of the Senate.
(4) Has insured that a pharmacist duly licensed in Pennsylvania shall be in charge of said pharmacy at all times that the pharmacy is open;
(5) Complies with the regulations of the board setting up minimum requirements regarding adequate facilities for safe storage of drugs, and protection from theft of or improper access to controlled substances, equipment for compounding and dispensing of prescriptions, and size, space and sanitation requirements of pharmacies;
(6) If an individual or partnership is the applicant, that the individual or copartner if not a pharmacist, has not previously been found or pleaded guilty or nolo contendere to any crime concerning the practice of pharmacy or involving moral turpitude; or if a pharmacist, that he is presently licensed by the board; if an association that no director or officer or if a corporation that no director, officer or person having a beneficial interest of more than ten per centum of the stock has been found or pleaded guilty or nolo contendere to said crimes or had a pharmacy or pharmacist's license revoked or renewal refused, for cause.
(b) All applicants shall be of good moral and professional character: in determining this qualification, the board may take into consideration among other things the conduct and operation of other pharmacies conducted by said applicant.
(c) Every pharmacy shall, at all times when open, be under the constant direct and personal supervision and management of a pharmacist duly licensed in Pennsylvania who shall have personal supervision of not more than one pharmacy at the same time.
(d) All licenses and permits issued under the provisions of this act shall be displayed in a conspicuous place in the pharmacy for which it was issued.
(e) Separate applications and permits shall be required for each pharmacy, and each permit shall be issued bearing the name of the pharmacist who will be in charge of that pharmacy and who will be responsible for all operations involving the practice of pharmacy in that pharmacy.
(f) All applications for a permit to conduct a pharmacy shall be accompanied by an initial registration fee established by the board by regulation. The board shall renew each permit for the succeeding biennium unless the board shall have given ten days' previous notice to the applicant for renewal of the permit of objections to the renewal based upon a finding or plea of guilty or nolo contendere by the applicant, its partners, or officers, to a violation of any of the laws of the United States or of this Commonwealth relating to the practice of pharmacy or to the enforcement of controlled substances, upon payment of a fee established by the board by regulation for each pharmacy. Such application for renewal shall be made on or before September 1 of each odd-numbered year.
(g) All permits granted under this section, unless sooner revoked or suspended, shall expire on the date set forth therein: Provided, however, That the board may promulgate regulations authorizing the application by a personal representative of a deceased grantee for an extension of deceased grantee's permit for a period not to exceed one year from date of death.
(h) No person shall operate or advertise a pharmacy until the person has been granted a pharmacy permit by the board.
(i) The full name or names of the proprietor, or if a partnership, the partners, or if an association or a corporation, the name of the pharmacist manager, must be conspicuously displayed in the pharmacy along with any corporate association or duly registered fictitious name.
(j) The board may promulgate regulations in accordance with the above requirements and, in addition, shall have the power to promulgate rules and regulations governing standards of practice and operation of pharmacies including, but not limited to, rules and regulations governing the method of advertising, promotion and standards for dispensing prescriptions, such regulations to be designed to insure methods of operation and conduct which protect the public health, safety and welfare and prevent practices or operations which may tend to lower professional standards of conduct, so as to endanger the public health and welfare.
(k) A pharmacy that is also licensed, permitted or registered by the proper licensing authority of another state to ship, mail or deliver legend devices or legend drugs to patients in that state shall report this information to the board on the biennial registration. Any disciplinary action taken in other states shall be reported to the board within thirty days of final disposition. A nonresident license, permit or registration shall be noted by the board on the pharmacy's record, and the state shall be notified by the board of any disciplinary action taken against the pharmacy in this Commonwealth.

Credits

1961, Sept. 27, P.L. 1700, § 4. Amended 1985, Dec. 20, P.L. 433, No. 111, § 4, effective Jan. 1, 1986; 2015, Oct. 7, P.L. 178, No. 43, § 2, effective in 60 days [Dec. 7, 2015].
63 P.S. § 390-4, PA ST 63 P.S. § 390-4
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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