N.J. Admin. Code § 13:39-4.1

Current through Register Vol. 56, No. 19, October 7, 2024

Section 13:39-4.1 - New pharmacies; pharmacy departments; eligibility and application

(a) A permit application shall be submitted to the Board by every individual or business entity desiring to operate a new pharmacy. Such application shall be made on a form furnished by the Board. If the area for which a pharmacy permit is sought is less than the total area of the premises, the area subject to permit shall be known as the "pharmacy department."

(b) The permit application shall indicate the exact intended location and plan or physical arrangement of the proposed pharmacy or pharmacy department area, including any drive-thru area, and shall indicate any area contiguous or adjacent to but not necessarily a part of the proposed permitted area, and any area where drugs will be stored and/or dispensed.

(c) The permit application shall include the exact trade name(s), if any; the corporate names, if any; the name and addresses of the owners and operators, if a sole proprietorship, partnership, limited liability partnership or limited liability company; the names and addresses of all officers and stockholders and the names and addresses of all principals duly licensed to write prescriptions if the pharmacy is not a publicly traded corporation; and the names and addresses of the officers, if a publicly traded corporation.

(d) The permit application shall include the name of the pharmacist-in-charge who shall be a pharmacist in good standing in the State of New Jersey.

(e) No person, business entity or equity holder of the business entity shall be eligible for a new permit or a renewal thereof who is not of high moral character or against whom there is pending any indictment or any alleged violation of local, State or Federal law pertaining to the practice of pharmacy or the dispensing of controlled dangerous substances or any drug under 24:21-2.

(f) A person submitting an application may be interviewed by the Board to review his or her qualifications and eligibility.

(g) Before a permit may be issued to an applicant, the Board shall inspect and approve the premises, fixtures and equipment of the new pharmacy or pharmacy department to ensure compliance with this subchapter and all relevant statutes, regulations and ordinances.

(h) Upon approval of the permit application, the Board shall issue a permit number that will allow the applicant to place prescription legend drugs in stock. A pharmacy shall not sell, dispense, or distribute any prescription drugs or devices until the pharmacy is open for business.

(i) Within 90 days of the Board's approval of the permit application, the pharmacy shall notify the Board in writing that the pharmacy has opened for business. If additional time beyond the 90 days is needed to open the pharmacy, no less than 30 days prior to the expiration of the 90-day period, the pharmacy shall submit a written request to the Board for an extension of time. Such request shall include the reasons an extension is necessary and the amount of additional time sought. If after the expiration of the 90 days, the pharmacy has not notified the Board that it has opened for business or requested an extension, the Board shall rescind the pharmacy permit. Following such action, an applicant making reapplication to the Board shall resubmit all required documentation and the applicable application fee set forth at N.J.A.C. 13:39-1.3.

N.J. Admin. Code § 13:39-4.1

Amended by 49 N.J.R. 3761(a), effective 12/4/2017