247 CMR, § 6.14

Current through Register 1536, December 6, 2024
Section 6.14 - Distribution of Controlled Substances upon Closure or Transfer of Ownership of a Pharmacy, Sterile Compounding Pharmacy, or Complex Non-Sterile Compounding Pharmacy
(1) A licensee, Manager of Record, or agent of the licensee who intends to transfer controlled substances in Schedules II through VI from one pharmacy licensed by the Board to another licensed pharmacy shall notify the Board in writing, by certified mail, at least 14 days before the intended transfer, unless otherwise authorized by the Board, and shall provide the Board with the following information:
(a) the name, address, and telephone number of the transferor pharmacy;
(b) the name, address, and telephone number of the transferee pharmacy;
(c) the pharmacy license and controlled substances registration numbers of the transferor pharmacy;
(d) the pharmacy license and controlled substances registration number of the transferee pharmacy;
(e) the name and pharmacist license number of the Manager of Record of the transferor pharmacy;
(f) the name and pharmacist license number of the Manager of Record of the transferee pharmacy;
(g) the date on which the transfer of the controlled substances will take place; and
(h) the security procedures for transfer of the controlled substances.
(2) No sooner than 14 days following notification, the transfer may proceed provided the following procedures are adhered to:
(a) On the date of the transfer, the transferor pharmacy shall take a complete inventory of all controlled substances in Schedules II through V and all controlled substances in Schedule VI required to be reported to the prescription monitoring program;
(b) The pharmacist Manager of Record of the transferor pharmacy and the pharmacist Manager of Record of the transferee pharmacy shall sign the controlled substances inventory report. In the event the transferor pharmacist Manager of Record is unavailable due to death, serious illness, or termination, a staff pharmacist may be authorized to sign the inventory report, provided he or she notifies the Board as to why the staff pharmacist is signing the inventory report;
(c) Both the transferor and transferee pharmacies shall maintain a copy of the inventory report for at least two years or as otherwise required by law. The inventory report shall be readily retrievable;
(d) Both the transferor and transferee pharmacies shall file an attestation with the Board confirming the controlled substance inventory within ten days of the transfer;
(e) The transferee pharmacy shall receive all required controlled substances and controlled substance inventory records on the date of the transfer and maintain those records for at least two years; and
(f) The transferor pharmacy may not possess any controlled substances after the date of transfer.

247 CMR, § 6.14

Amended by Mass Register Issue 1536, eff. 12/6/2024.