54.1-3434.01 - Notice of pharmacy closing; change of ownership; penalty. - Virginia Statutes

§ 54.1-3434.01. Notice of pharmacy closing; change of ownership; penalty.

A. Prior to the closing of a pharmacy for more than one week, the owner shalleither (i) post a conspicuous notice at least thirty days prior to theanticipated closing or (ii) mail a notice, at least fourteen days prior tothe anticipated closing, to every current pharmacy customer having refillauthority. Each notice posted or mailed pursuant to this section shallindicate the date of such closing, if available, and the name of the pharmacyto which prescriptions and other required prescription dispensing records andindividual patient records will be transferred unless patients indicate theirpreference to the contrary. The Board of Pharmacy shall promulgateregulations providing for a definition of "closing of a pharmacy" andexceptions to the requirements of this section.

B. Upon any change of ownership of a pharmacy, regardless of how such changemay be effectuated, the prescription dispensing records and other patientrecords for at least two years immediately prior to the change of ownership,shall be transferred, in accordance with Board regulations, to the new ownerin a manner to ensure the confidentiality, integrity, and security of thepharmacy's prescription dispensing records and other patient records and thecontinuity of pharmacy services at substantially the same level as thatoffered by the previous owner.

Refusing to process a request for the prescription dispensing records andother patient records tendered in accordance with law or regulation shallconstitute a closing and the requirements of this section shall apply. Suchrefusal may constitute a violation of § 54.1-111 A 9, depending on thecircumstance.

(1992, c. 667; 1994, c. 668; 1998, c. 470.)