(a)For the purposes of this section, “pharmacy district manager” means an individual who (1) supervises at least three pharmacies within this state, and (2) is responsible for the activities within such pharmacies, including, but not limited to, staffing, payroll and hiring.
(b)Each pharmacy shall maintain a plan to manage unscheduled closings. Such plan shall be reviewed and updated, if necessary, on an annual basis, and be provided to, and reviewed with, all pharmacy personnel on an annual basis. Such plan shall include:
(1)The name of the individual who is responsible for notifying the Commission of Pharmacy of an unscheduled closing;
(2)The name of the individual who is responsible for updating the hours of operation in the pharmacy's electronic record system to prevent acceptance
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(a) For the purposes of this section, “pharmacy district manager” means an individual who (1) supervises at least three pharmacies within this state, and (2) is responsible for the activities within such pharmacies, including, but not limited to, staffing, payroll and hiring. (b) Each pharmacy shall maintain a plan to manage unscheduled closings. Such plan shall be reviewed and updated, if necessary, on an annual basis, and be provided to, and reviewed with, all pharmacy personnel on an annual basis. Such plan shall include: (1) The name of the individual who is responsible for notifying the Commission of Pharmacy of an unscheduled closing; (2) The name of the individual who is responsible for updating the hours of operation in the pharmacy's electronic record system to prevent acceptance of electronically transmitted prescriptions during an unscheduled closing; (3) The name of the individual who is responsible for updating the pharmacy's telephone system during an unscheduled closing to (A) prevent the acceptance of orally transmitted prescriptions during the unscheduled closing, and (B) provide a message that alerts patients that such pharmacy will be closed and their prescriptions may be obtained from a nearby pharmacy; (4) A list of all pharmacies that are located within a two-mile radius of the pharmacy that is experiencing an unscheduled closing, or the next closest pharmacy if there is no pharmacy within such two-mile radius; and (5) The name of the individual who is responsible for posting, at the entrance to such pharmacy and at each entrance of the structure if such pharmacy is located within another structure, signage stating the duration of an unscheduled closing. (c) If a pharmacy experiences an unscheduled closing, the pharmacist manager of the pharmacy or, if the pharmacy operates more than five pharmacy locations in this state, the pharmacy district manager shall: (1) Modify such pharmacy's hours of operation in such pharmacy's electronic record system to prevent the acceptance of electronically transmitted prescriptions during the unscheduled closing; (2) Adjust such pharmacy's telephone system to prevent the acceptance of orally transmitted prescriptions during the unscheduled closing; (3) Provide a telephone system message alert to patients notifying patients that (A) such pharmacy is not open, and (B) patients may obtain medications from a nearby pharmacy; (4) Post signage at the entrance to such pharmacy, and at each entrance of the structure if such pharmacy is located within another structure, (A) stating that such pharmacy is closed, (B) disclosing the duration of the unscheduled closing, and (C) providing (i) a list of all pharmacies that are located within a two-mile radius of such pharmacy, or (ii) the next closest pharmacy if there is no pharmacy within such two-mile radius; and (5) Upon request by another pharmacy to transfer a prescription to such other pharmacy, transfer any prescription dispensed by the pharmacy experiencing the unscheduled closing and reverse any third-party payor claims associated with such prescription. (d) Any pharmacy that verifies that another pharmacy is experiencing an unscheduled closing may, upon a patient's request, dispense a prescription that is dispensed and waiting at the pharmacy experiencing the unscheduled closing by using information obtained from the closed pharmacy, the electronic prescription drug monitoring program or another source that the pharmacist dispensing such prescription believes provides a reasonable assurance of accurate information necessary to dispense such prescription. In the event that a pharmacy dispenses a prescription during an unscheduled closing of another pharmacy: (1) The pharmacy dispensing such prescription shall contact the pharmacy experiencing the unscheduled closing not later than twenty-four hours after such closed pharmacy reopens to transfer such prescription, in accordance with section 20-616 ; (2) The pharmacy that experienced the unscheduled closing shall provide to the pharmacy that dispensed such prescription during such unscheduled closing all information necessary for the transfer of such prescription; and (3) The pharmacy that experienced the unscheduled closing shall reverse any third-party payor claims associated with such transferred prescription not later than twenty-four hours after such pharmacy reopens. (e) The Department of Consumer Protection shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section. Such regulations shall include, but need not be limited to, provisions for the placement of a secured container at a pharmacy that allows patients to, during the hours in which the pharmacy may be open or closed, obtain prescriptions that were dispensed by such pharmacy. Prior to the effective date of such regulations, the department may temporarily permit the use and placement of a secured container at a pharmacy, provided the pharmacy submits to the department, for the department's approval, written protocols prior to placing, providing access to or using the secured container and such pharmacy receives written approval from the department for such placement, access or use. To obtain temporary approval under this subsection, a secure container shall: (1) Weigh more than seven hundred fifty pounds or be affixed to the physical structure of the building where the pharmacy is located, and be located immediately adjacent to the portion of such building where such pharmacy is located; (2) Only permit access to authorized pharmacy personnel or individuals retrieving the prescriptions with a unique identification system; (3) Be under video surveillance at all times; (4) Be capable of maintaining a record of all products that are placed inside of the secure container, and the date and time each individual prescription is accessed; and (5) Comply with any other protocol required by the department to ensure patient confidentiality, ensure public health and safety and prevent diversion.