02-392-3 Me. Code R. § 13-2

Current through 2024-51, December 18, 2024
Section 392-3-13-2 - Hours of Operation; Posting of Hours
1. Minimum Hours of Operation

A retail pharmacy must be open to the public for a minimum of 40 hours per week unless waived by the board for good cause shown, and must be staffed by a pharmacist at all times that the pharmacy is open.

2. Posting of Schedule

A retail pharmacy shall prominently post in a public area of the store the days and hours that the pharmacy is scheduled to be open to the public.

3. Adherence to Posted Schedule

A retail pharmacy shall adhere to the schedule posted pursuant to Section 2(2) of this chapter.

4. Deviations From Posted Schedule

A retail pharmacy shall prominently post in a public area of the store any deviation from its posted schedule as soon as the need to deviate from the posted schedule is known by the pharmacy. This posting shall include the period of time the pharmacy will be closed and the name, street address and telephone number of a nearby pharmacy that is available to serve the public during the period of closure.

5. Reporting of Deviations to Board

Except as set forth in this subsection, a retail pharmacy shall report any deviation from its posted schedule to the board by fax or email no later than the next business day following the deviation. Each day on which a deviation occurs must be separately reported. Reporting may be made by mail if the pharmacy does not have fax or email capability.

No report need be filed for:

A. A deviation of less than four hours duration;
B. A deviation resulting from severe weather conditions, fire, flood, disaster or natural or man-made catastrophe beyond the control of the pharmacy; or
C. Holiday closures.
6. Remedial Action by Board

In the event that a retail pharmacy deviates four or more times from its posted schedule within a calendar month, other than for reasons described in Section 2(5) of this chapter, the board, following notice and opportunity for hearing, may require the pharmacy to revise the schedule posted pursuant to Section 2(2) of this chapter as may be necessary to protect the public from injury or inconvenience due to the pharmacy's inability to adhere to its posted schedule.

02-392 C.M.R. ch. 3, § 13-2