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Discontinuance of a New York State Registered Pharmacy Establishment

When a pharmacy establishment seeks to permanently discontinue operations, the owner(s) must complete several required steps to ensure compliance with applicable New York State laws and regulations.  This document is intended to assist pharmacy owners and corporate officers in understanding and fulfilling the requirements set forth in the New York State Education Law, Rules, and Regulations related to pharmacy closures.
    
Should you have any questions regarding the information contained herein, please contact the New York State Board of Pharmacy Office by email at Pharmbd@nysed.gov.

Public Notification Requirements

Pursuant to New York State Education Law §6811-d, a pharmacy seeking permanent discontinuance must notify the public of its intended closure at least 30 days in advance.

Public notification must include, but is not limited to, the following information:

  • The effective date of the pharmacy's discontinuance;
  • The names, addresses, and telephone numbers of the five nearest pharmacies, including independently owned pharmacies, where applicable;
  • The name, address, and telephone number of the pharmacy to which prescription records will be transferred upon discontinuance; and
  • Instructions for patients on how to have their prescriptions transferred to another pharmacy of their choice.

This information must be communicated through conspicuously posted signage located at or adjacent to the area where prescriptions are presented for compounding and dispensing, in the customer waiting area, or in the area where prescribed medications are dispensed.

In addition, to the extent practicable, the pharmacy must notify patients who have had a prescription filled within the past year using the patient's primary method of communication with the pharmacy.

Notification to the State Education Department

In addition to providing notice to the public, Section 6812(1) of the New York State Education Law requires the owner or corporate officer of the pharmacy establishment to notify the State Education Department (SED) of the pharmacy's discontinuance. This notification must be submitted by completing the Online Pharmacy Discontinuance form through the New York State Board of Pharmacy Office.
    
The online discontinuance form must include and be accompanied by:

  • An owner attestation form signed by the pharmacy's owner or corporate officer; 
  • Applicable documentation detailing the disposition of prescription drugs by the pharmacy establishment, which may include a fully executed bill of sale clearly identifying the sale and transfer of prescription drugs, or an invoice from the wholesaler or reverse distributor documenting the return or destruction of such drugs; and 
  • The name, address, and registration number of the pharmacy to which the prescription files and other drug transaction records were sent.  

Pursuant to New York State Education Law §6812(1), prescription records may not be sold or transferred to any individual or entity that does not hold a current registration to operate a pharmacy.

Controlled Substance Requirements

With respect to controlled substances, the owner or corporate officer of the establishment must notify the New York State Department of Health, Bureau of Narcotic Enforcement (BNE), at least 30 days prior to the pharmacy's closure.

In addition to notifying BNE, the owner or corporate officer must also notify the Drug Enforcement Administration (DEA) and ensure that all outstanding controlled substance data submission errors have been resolved prior to closure.

For additional information regarding BNE requirements for pharmacy closure, please contact BNE directly by email at narcotic@health.ny.gov or by telephone at (866) 811-7957.

Return of Registration Certificates

Pursuant to the Rules of the Board of Regents §29.7(a)(20), upon the permanent closure of a pharmacy establishment, all original registration certificate(s) must be returned to the New York State Board of Pharmacy Office.  Photocopies are not acceptable, and establishments should not destroy or discard the original certificates.