18VAC110-20-110. Pharmacy permits generally.
A. A pharmacy permit shall not be issued to a pharmacist to be simultaneously in charge of more than two pharmacies.
B. Except in an emergency, a permit holder shall not require
a pharmacist to work longer than 12 continuous hours in any work day
without being allowed and shall allow ] at
least six hours of off-time between consecutive shifts. A pharmacist working
longer than six continuous hours shall be allowed to take a 30-minute break. B. C. The pharmacist-in-charge (PIC) or the
pharmacist on duty shall control all aspects of the practice of pharmacy. Any
decision overriding such control of the PIC or other pharmacist on duty shall
be deemed the practice of pharmacy and may be grounds for disciplinary action
against the pharmacy permit. C. D. When the PIC ceases practice at a pharmacy
or no longer wishes to be designated as PIC, he shall immediately return the
pharmacy permit to the board indicating the effective date on which he ceased
to be the PIC. D. E. Although not required by law or
regulation, an outgoing PIC shall have the opportunity to take a complete and
accurate inventory of all Schedule II through V controlled substances on hand
on the date he ceases to be the PIC, unless the owner submits written notice to
the board showing good cause as to why this opportunity should not be allowed. E. F. A PIC who is absent from practice for more
than 30 consecutive days shall be deemed to no longer be the PIC. Pharmacists-in-charge
having knowledge of upcoming absences for longer than 30 days shall be
responsible for notifying the board and returning the permit. For unanticipated
absences by the PIC, which exceed 15 days with no known return date within the
next 15 days, the owner shall immediately notify the board and shall obtain a
new PIC. F. G. An application for a permit designating
the new PIC shall be filed with the required fee within 14 days of the original
date of resignation or termination of the PIC on a form provided by the board.
It shall be unlawful for a pharmacy to operate without a new permit past the
14-day deadline unless the board receives a request for an extension prior to
the deadline. The executive director for the board may grant an extension for
up to an additional 14 days for good cause shown. G. H. Only one pharmacy permit shall be issued
to conduct a pharmacy occupying the same designated prescription department
space. A pharmacy shall not engage in any other activity requiring a license or
permit from the board, such as manufacturing or wholesale-distributing, out of
the same designated prescription department space. H. I. Before any permit is issued, the applicant
shall attest to compliance with all federal, state and local laws and ordinances.
A pharmacy permit shall not be issued to any person to operate from a private
dwelling or residence after September 2, 2009.