                                 CODE OF VIRGINIA

PERMIT TO CONDUCT PHARMACY (§ 54.1-3434)

No person shall conduct a pharmacy without first obtaining a permit from the
Board.
		The application for such permit shall be made on a form provided by the Board
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 pharmacist-in-charge 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 Board in writing and posted, at least fourteen days prior to the anticipated
change, in a conspicuous place to provide notice to the public. The Board 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 pharmacist-in-charge
to exercise professional judgment relating to the dispensing of drugs in
accordance with this act and Board regulations.
		The permit shall be issued only to the pharmacist who signs the application as
the pharmacist-in-charge 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 person.
		Upon termination of practice by the pharmacist-in-charge, or upon any change
in partnership composition, or upon the acquisition, as defined in Board
regulations, of the existing corporation by another person or the closing of a
pharmacy, the permit previously issued shall be immediately surrendered to the
Board by the pharmacist-in-charge 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 Board 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&#8217;s prescription
dispensing records and other patient records, regardless of where located; and
(iii) establishing a reasonable time period for designation of a new
pharmacist-in-charge. At the conclusion of the time period for designation of a
new pharmacist-in-charge, a pharmacy which has failed to designate a new
pharmacist-in-charge shall not operate as a pharmacy nor maintain a stock of
prescription drugs 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 disposition of all Schedule II through
VI drugs and devices on the premises within 15 days of receipt of this notice.
At the conclusion of the 15-day period, the Director or his authorized agent, or
any law-enforcement officer in coordination with the Director, shall seize and
indefinitely secure all Schedule II through VI drugs and devices still on the
premises, and the Director shall notify the owner of such seizure. The Director,
his authorized agent, or the law-enforcement officer may properly dispose of the
seized drugs and devices after 60 days from the date of the notice of seizure if
the owner has not claimed and provided for the proper disposition of the
property. The Board or law-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 pharmacist-in-charge 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 pharmacist-in-charge and prior to opening for business
on that date.
		The pharmacist to whom such permit is issued shall provide safeguards against
diversion of all controlled substances.
		An application for a pharmacy permit shall be accompanied by a fee determined
by the Board. All permits shall expire annually on a date determined by the
Board in regulation.
		Every pharmacy shall be equipped so that prescriptions can be properly filled.
The Board of Pharmacy shall prescribe the minimum of such professional and
technical equipment and reference material 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 Board.
		Every pharmacy shall comply with federal requirements for an electronic,
interoperable system to identify, trace, and verify prescription drugs as they
are distributed.
		Each day during which a person is in violation of this section shall
constitute a separate offense.

HISTORY: 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; 2008, c. 320; 2011, c. 610; 2016, c. 221; 2019, c.
94.