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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>72686</law_id><section_number>54.1-3434</section_number><catch_line>Permit to conduct pharmacy</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="54.1">Professions and Occupations</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Professions and Occupations Regulated by Boards Within the Department of Health Professions</unit><unit label="chapter" level="3" order_by="1" identifier="34">Drug Control Act</unit><unit label="article" level="4" order_by="1" identifier="2">Permitting of Pharmacies</unit></structure><text>
						<section><p>No <span class="dictionary">person</span> shall conduct a pharmacy without first obtaining a permit from the <span class="dictionary">Board</span>.
		The application for such permit shall be made on a form provided by the <span class="dictionary">Board</span> and signed by a pharmacist who will be in full and actual charge of the pharmacy and who will be fully engaged in the practice of pharmacy at the location designated on the application.
		The application shall (i) show the corporate name and trade name, (ii) list any pharmacist in addition to the <span class="dictionary">pharmacist-in-charge</span> practicing at the location indicated on the application, and (iii) list the hours during which the pharmacy will be open to provide pharmacy services. Any change in the hours of operation, which is expected to last more than one week, shall be reported to the <span class="dictionary">Board</span> in writing and posted, at least fourteen days prior to the anticipated change, in a conspicuous place to provide notice to the public. The <span class="dictionary">Board</span> shall promulgate regulations to provide exceptions to this prior notification.
		If the owner is other than the pharmacist making the application, the type of ownership shall be indicated and shall list any partner or partners, and, if a corporation, then the corporate officers and directors. Further, if the owner is not a pharmacist, he shall not abridge the authority of the <span class="dictionary">pharmacist-in-charge</span> to exercise professional <span class="dictionary">judgment</span> relating to the <span class="dictionary">dispensing</span> of drugs in accordance with this act and <span class="dictionary">Board</span> regulations.
		The permit shall be issued only to the pharmacist who signs the application as the <span class="dictionary">pharmacist-in-charge</span> and as such assumes the full responsibilities for the legal operation of the pharmacy. This permit and responsibilities shall not be construed to negate any responsibility of any pharmacist or other <span class="dictionary">person</span>.
		Upon termination of practice by the <span class="dictionary">pharmacist-in-charge</span>, or upon any change in partnership composition, or upon the acquisition, as defined in <span class="dictionary">Board</span> regulations, of the existing corporation by another <span class="dictionary">person</span> or the closing of a pharmacy, the permit previously issued shall be immediately surrendered to the <span class="dictionary">Board</span> by the <span class="dictionary">pharmacist-in-charge</span> to whom it was issued, or by his legal representative, and an application for a new permit may be made in accordance with the requirements of this chapter.
		The <span class="dictionary">Board</span> shall promulgate regulations (i) defining acquisition of an existing permitted, registered or licensed facility or of any corporation under which the facility is directly or indirectly organized; (ii) providing for the transfer, confidentiality, integrity, and security of the pharmacy&#x2019;s prescription <span class="dictionary">dispensing</span> records and other patient records, regardless of where located; and (iii) establishing a reasonable time period for designation of a new <span class="dictionary">pharmacist-in-charge</span>. At the conclusion of the time period for designation of a new <span class="dictionary">pharmacist-in-charge</span>, a pharmacy which has failed to designate a new <span class="dictionary">pharmacist-in-charge</span> shall not operate as a pharmacy nor maintain a stock of <span class="dictionary">prescription drugs</span> on the premises. The Director shall immediately notify the owner of record that the pharmacy no longer holds a valid permit and that the owner shall make provision for the proper <span class="dictionary">disposition</span> of all Schedule II through VI drugs and <span class="dictionary">devices</span> on the premises within 15 days of receipt of this notice. At the conclusion of the 15-day period, the Director or his authorized <span class="dictionary">agent</span>, or any <span class="dictionary">law</span>-enforcement officer in coordination with the Director, shall seize and indefinitely secure all Schedule II through VI drugs and <span class="dictionary">devices</span> still on the premises, and the Director shall notify the owner of such seizure. The Director, his authorized <span class="dictionary">agent</span>, or the <span class="dictionary">law</span>-enforcement officer may properly dispose of the seized drugs and <span class="dictionary">devices</span> after 60 days from the date of the notice of seizure if the owner has not claimed and provided for the proper <span class="dictionary">disposition</span> of the property. The <span class="dictionary">Board</span> or <span class="dictionary">law</span>-enforcement agency shall assess a fee of not less than the cost of storage of said drugs upon the owner for reclaiming seized property.
		The succeeding <span class="dictionary">pharmacist-in-charge</span> shall cause an inventory to be made of all Schedule I, II, III, IV and V drugs on hand. Such inventory shall be completed as of the date he becomes <span class="dictionary">pharmacist-in-charge</span> and prior to opening for business on that date.
		The pharmacist to whom such permit is issued shall provide safeguards against <span class="dictionary">diversion</span> of all <span class="dictionary">controlled substances</span>.
		An application for a pharmacy permit shall be accompanied by a fee determined by the <span class="dictionary">Board</span>. All permits shall expire annually on a date determined by the <span class="dictionary">Board</span> in regulation.
		Every pharmacy shall be equipped so that <span class="dictionary">prescriptions</span> can be properly filled. The <span class="dictionary">Board</span> of Pharmacy shall prescribe the minimum of such professional and technical equipment and reference <span class="dictionary">material</span> which a pharmacy shall at all times possess. Nothing shall prevent a pharmacist who is eligible to receive information from the Prescription Monitoring Program from requesting and receiving such information; however, no pharmacy shall be required to maintain Internet access to the Prescription Monitoring Program. No permit shall be issued or continued for the conduct of a pharmacy until or unless there is compliance with the provisions of this chapter and regulations promulgated by the <span class="dictionary">Board</span>.
		Every pharmacy shall comply with federal requirements for an electronic, interoperable system to identify, trace, and verify <span class="dictionary">prescription drugs</span> as they are distributed.
		Each day during which a <span class="dictionary">person</span> is in violation of this section shall constitute a separate <span class="dictionary">offense</span>.</p></section></text><history>1970, c. 650, &#xA7; 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; 2008, c. 320; 2011, c. 610; 2016, c. 221; 2019, c. 94.</history><metadata></metadata></law>
