While California amended its regulations on pharmacy closure earlier this year, many pharmacy owners are still confused regarding the requirements when they are selling files, filing for bankruptcy, or simply closing their doors. So what does California require?
Patient notices:
If the pharmacy closes (sells its files or goes out of business), it must notify its patients at least 30 days in advance of the closure. Notices must be send to the patients that have received a prescribed medication from the pharmacy within the last year. At a minimum, the notice shall include:
- the name of the patient;
- the name and physical address of the pharmacy;
- the name of the pharmacy where patient records will be transferred and maintained; and
- information on how to request a prescription transfer prior to closure of the pharmacy.
A redundant but important reminder: the pharmacy must reverse all prescriptions that are not picked up prior to the closure.
Board of Pharmacy Notices:
The pharmacy must notify the California State Board of Pharmacy 45 days before the closure. But if the pharmacy is owned by a person or entity owning 15 or fewer pharmacies nationwide, it is exempt from this notice requirement. In case of most independent pharmacies, the pharmacy must only provide a notice of Discontinuance of Business to the Board of Pharmacy.
Public Notices:
Pharmacy should also post a written notice of the closure in a conspicuous location at the entrance to the covered establishment’s premises that includes the planned closure date of the covered establishment. The notice should include:
- the name, address, and contact information of the pharmacy establishment where any prescriptions will be transferred;
- the phone number, email address, or internet website where patients may obtain information regarding the process of transferring the prescription to a pharmacy establishment of the patient’s choosing.
Notices to Employees:
If the Pharmacy employs 5 or fewer employees, no later than 30 days before the closure, the pharmacy must provide written notice of the closure to its employees.
If the Pharmacy employs more than 5 employees, no later than 45 days before pharmacy closure, the pharmacy must inform its employees of the closure.
Certain exemptions apply to pharmacies that are owned by individuals or entities with fifteen or more pharmacies.
Additional notices:
Chain pharmacies (that are owned by individuals or entities with 15 or more locations nationwide) must also notify the Employment Development Department, the State Department of Social Services, the local workforce development board of the pharmacy’s city and county.