2006 Code of Virginia § 54.1-3434 - Permit to conduct pharmacy

54.1-3434. Permit to conduct pharmacy.

No person shall conduct a pharmacy without first obtaining a permit from theBoard.

The application for such permit shall be made on a form provided by the Boardand signed by a pharmacist who will be in full and actual charge of thepharmacy and who will be fully engaged in the practice of pharmacy at thelocation designated on the application.

The application shall (i) show the corporate name and trade name, (ii) listany pharmacist in addition to the pharmacist-in-charge practicing at thelocation indicated on the application, and (iii) list the hours during whichthe pharmacy will be open to provide pharmacy services. Any change in thehours of operation, which is expected to last more than one week, shall bereported to the Board in writing and posted, at least fourteen days prior tothe anticipated change, in a conspicuous place to provide notice to thepublic. The Board shall promulgate regulations to provide exceptions to thisprior notification.

If the owner is other than the pharmacist making the application, the type ofownership shall be indicated and shall list any partner or partners, and, ifa corporation, then the corporate officers and directors. Further, if theowner is not a pharmacist, he shall not abridge the authority of thepharmacist-in-charge to exercise professional judgment relating to thedispensing of drugs in accordance with this act and Board regulations.

The permit shall be issued only to the pharmacist who signs the applicationas the pharmacist-in-charge and as such assumes the full responsibilities forthe legal operation of the pharmacy. This permit and responsibilities shallnot be construed to negate any responsibility of any pharmacist or otherperson.

Upon termination of practice by the pharmacist-in-charge, or upon any changein partnership composition, or upon the acquisition, as defined in Boardregulations, of the existing corporation by another person or the closing ofa pharmacy, the permit previously issued shall be immediately surrendered tothe Board by the pharmacist-in-charge to whom it was issued, or by his legalrepresentative, and an application for a new permit may be made in accordancewith the requirements of this chapter.

The Board shall promulgate regulations (i) defining acquisition of anexisting permitted, registered or licensed facility or of any corporationunder which the facility is directly or indirectly organized; (ii) providingfor the transfer, confidentiality, integrity, and security of the pharmacy'sprescription dispensing records and other patient records, regardless ofwhere located; and (iii) establishing a reasonable time period fordesignation of a new pharmacist-in-charge. At the conclusion of the timeperiod for designation of a new pharmacist-in-charge, a pharmacy which hasfailed to designate a new pharmacist-in-charge shall not operate as apharmacy nor maintain a stock of prescription drugs on the premises. TheDirector shall immediately notify the owner of record that the pharmacy nolonger holds a valid permit and that the owner shall make provision for theproper disposition of all Schedule II through VI drugs and devices on thepremises within fifteen days of receipt of this notice. At the conclusion ofthe fifteen-day period, the Director or his authorized agent shall seize andindefinitely secure all Schedule II through VI drugs and devices still on thepremises, and notify the owner of such seizure. The Director may properlydispose of the seized drugs and devices after six months from the date of thenotice of seizure if the owner has not claimed and provided for the properdisposition of the property. The Board shall assess a fee of not less thanthe cost of storage of said drugs upon the owner for reclaiming seizedproperty.

The succeeding pharmacist-in-charge shall cause an inventory to be made ofall Schedule I, II, III, IV and V drugs on hand. Such inventory shall becompleted as of the date he becomes pharmacist-in-charge and prior to openingfor business on that date.

The pharmacist to whom such permit is issued shall provide safeguards againstdiversion of all controlled substances.

An application for a pharmacy permit shall be accompanied by a fee determinedby the Board. All permits shall expire on December 31 of each year.

Every pharmacy must be equipped so that prescriptions can be properly filled.The Board of Pharmacy shall prescribe the minimum of such professional andtechnical equipment and reference material which a pharmacy shall at alltimes possess. No permit shall be issued or continued for the conduct of apharmacy until or unless there is compliance with the provisions of thischapter and regulations promulgated by the Board.

Each day during which a person is in violation of this section shallconstitute a separate offense.

(1970, c. 650, 54-524.31; 1972, c. 798; 1976, c. 614; 1977, c. 302; 1980,c. 288; 1983, c. 286; 1986, c. 207; 1988, cc. 445, 765; 1994, c. 299; 1998,c. 470; 2000, c. 135.)