Section 6.13 - Closing of a Pharmacy(1) A Massachusetts pharmacy and a Manager of Record who intend to close a pharmacy shall officially notify the Board in writing, by certified mail, at least 14 days before the intended closure, unless otherwise authorized by the Board, and shall provide the Board with the following information: (a) the name, address, and telephone number of the pharmacy;(b) the pharmacy license and controlled substance registration numbers;(c) the name of the pharmacist Manager of Record of the pharmacy;(d) the date on which the intended closure shall take place;(e) verification that adequate advance notice of the closure has been given to customers of the pharmacy in accordance with 247 CMR 6.13(4); and(f) the intended procedures for disposal or transfer of controlled substances in accordance with 247 CMR 6.13.(2) A non-resident pharmacy that intends to close a pharmacy shall officially notify the Board in writing, by certified mail, at least 14 days before the intended closure, unless otherwise authorized by the Board, and shall provide the Board with the following information: (a) the name, address, and telephone number of the pharmacy;(b) the pharmacy license number;(c) the date on which the intended closure shall take place; and(d) verification that adequate advanced notice of the closure has been given to Massachusetts customers of the pharmacy in accordance with 6.13(4).(3) A sterile compounding pharmacy, complex non-sterile compounding pharmacy, institutional sterile compounding pharmacy, non-resident sterile compounding pharmacy, and non-resident complex non-sterile compounding pharmacy shall notify the Board in writing, by certified mail, at least 14 days before the intended closure, unless otherwise authorized by the Board, of the identity of the pharmacy licensed by the Board that is suitable and available to provide continuity of care to the closing pharmacy's patients.(4)Notice to Patients. A licensee or a Manager of Record who intends to close a pharmacy licensed by the Board shall identify each patient who had a prescription filled at the pharmacy within preceding 90 days of the intended closure date. The licensee or a Manager of Record shall attempt to notify each such patient of the pharmacy closure at least 14 days prior to the closure date, by first class mail or other Board approved method. The licensee or a Manager of Record shall also post notice in a conspicuous location at the pharmacy informing patients of the intended closure and procedure for requesting a transfer of patient file information. A non-resident Drug Store Pharmacy, non-resident sterile compounding pharmacy, and non-resident complex non-sterile compounding pharmacy shall notify all Massachusetts patients of the closure in accordance with 247 CMR 6.13(4).(5)Transfer of patient files. Upon patient request or as required by law or contract, a licensee or Manager of Record who intends to close a pharmacy licensed by the Board shall transfer patient files to another pharmacy in a timely manner to meet patient needs.(6) A licensee and Manager of Record shall submit the following to the Board within 14 days of closure of a pharmacy:(a) the original license(s) and controlled substances registration; and(b) an attestation that all controlled substances have been disposed of in accordance with federal regulations at 21 CFR 1307.21 or transferred in accordance with 21 CFR 1301.52 and 247 CMR 6.14. The provisions in 247 CMR 6.13(6) shall not apply to non-resident pharmacies.
(7) The provisions in 247 CMR 6.13(3) and 247 CMR 6.13(4) are not required for institutional sterile compounding pharmacies.Amended by Mass Register Issue 1536, eff. 12/6/2024.