Permanent closure

When a pharmacy permanently closes and the pharmacy licence is terminated, any regulated members employed at the pharmacy must cease to provide pharmacy services or otherwise engage in the practice of pharmacy. Additionally, without a pharmacy licence the pharmacy may no longer store drugs or patient records.

There are several time-sensitive and essential tasks that the licensee or temporary pharmacist in charge (TPIC) must perform to appropriately conclude pharmacy operations in compliance with section 27 of thePharmacy and Drug Regulation and the Standards for the Operation of Licensed Pharmacies (SOLP). To guide you through the required activities, ACP has developed a pharmacy closure plan. This is a tool only – you do not need to submit the closure plan to ACP.

Steps for permanent pharmacy closure

1. Notify ACP in myACP
   • Prior to the pharmacy closure, the licensee or TPIC must submit the notification of permanent pharmacy closure form in myACP. This form can be found under New Applications and can be completed up to 45 days before the effective closure date. On the form, you will identify
     • the pharmacy that you are closing, and
     • the effective closure date.
   • ACP will reach out to you if there are additional questions regarding your notification.
   • NOTE: If the effective closure date that you submitted changes, you must contact ACP immediately at pharmacy@abpharmacy.ca.
2. Facilitate patient care
   • Prior to the pharmacy closure, the licensee or TPIC must ensure patients are
     • notified of the pharmacy closure,
     • given the opportunity to obtain their prepared prescriptions prior to pharmacy closure, and
     • able to access their records after the pharmacy has closed.
   • The public must be sufficiently notified of the closure. In addition to signage posted at any pharmacy entrances, the licensee should consider other methods including the pharmacy’s voicemail message, website, and social media accounts, as well as traditional media such as newspapers. Any notices to the public should be made at least 30 days prior to the pharmacy closure, and should include information to assist the public with obtaining pharmacy services once the pharmacy has closed.
   • The licensee or TPIC must arrange to transfer patient records to another licensed pharmacy or give each patient access to a copy of their records to facilitate the continuity of patient care.
3. Manage and store pharmacy records
   • The licensee is designated as the custodian of patient health information under the Health Information Regulation, and is responsible for maintaining patient records and protecting the confidentiality and security of the health information in their custody.
   • The licensee’s custodial duties cannot be relinquished and do not end upon the closure of the pharmacy. However, custodial duties can be transferred to another eligible custodian under the Health Information Regulation. For example, if the pharmacy records are transferred to another licensed pharmacy, the licensee of the pharmacy storing the records would become the custodian of the closed pharmacy’s records. A proprietor who is not a regulated member cannot become the custodian of patient records, nor can they access the patient records.
   • When a pharmacy closes, the patient records must be stored at
     • another licensed pharmacy (the licensee of the pharmacy storing the records becomes the custodian); or
     • an ACP-approved secure location. In this case
       • the pharmacist who was the licensee or TPIC of the closed pharmacy remains the custodian of the records;
       • the records must be maintained in accordance with the Standards for the Operation of Licensed Pharmacies (SOLP);
       • only individuals who have been authorized by the pharmacist who was the licensee or TPIC can access the records; and
       • custodial responsibilities continue until the life of the pharmacy records expire and the subsequent disposal of those records has been completed, as per the legislation.
4. Disposition of drugs
   • When a pharmacy closes, the licensee or TPIC must complete an inventory of all drugs in the pharmacy and prepare for disposition. A copy of the inventory must be
     • maintained in the files of the closed pharmacy,
     • provided to ACP as a PDF attached to the permanent pharmacy closure form in myACP (see Step 5 – Finalize the pharmacy closure process in myACP), and
     • retained by the licensee or TPIC.
   • There are a few options available to pharmacists regarding the disposition of drugs. The pharmacist may:
   • Destroy the drugs in a manner that complies with the Controlled Drugs and Substances Act and the Food and Drugs Act.
   • Return the drugs to the licensed dealer who sold or provided them, or to a licensed dealer who is licensed to destroy the drugs pursuant to a written order. 
   • Transfer the drug inventories to another pharmacist in good standing and who does not have a notice of restriction issued in their name by Health Canada. This practice is permitted as long as both pharmacists involved in the transaction take inventory of the drugs and keep a detailed record of the inventory transfer for a period of two years.
     • Both pharmacists must sign the record.
     • The record must be kept in an auditable format and made available to a Health Canada inspector upon request.
     • Both pharmacists are responsible for
       • taking all reasonable steps that are necessary to protect the drug inventory that is under their control against loss or theft, including while the drugs are in transit between two pharmacies;
       • notifying Health Canada after removing, transporting, or transferring a controlled substance from their place of business to any other place of business (Health Canada has developed a Pharmacy Closure Form for this transaction); and
       • reporting any loss or theft of controlled substances to Health Canada.
5. Finalize the pharmacy closure process in myACP
   • ACP will automatically consider the pharmacy closed on the effective date provided in the Notification of permanent pharmacy closure form (see Step 1 – Notify ACP in myACP).  Upon closure, the pharmacy licence is terminated, no pharmacy services may occur on or in association with the premises, and third parties (e.g., drug wholesalers, third-party payors) will be automatically notified.
   • On the effective closure date, the licensee or TPIC will be sent an email with a link to the permanent pharmacy closure form to finalize the pharmacy closure process. This form will not be visible within your myACP profile and can only be accessed by clicking the link in the email you receive from ACP.
   • Within five working days of the pharmacy closure date, the licensee or TPIC must complete and submit the permanent pharmacy closure form in myACP, ensuring the following supporting documentation is attached in PDF format:
     • an inventory of all drugs in the pharmacy, and
     • the list of all controlled substances transferred from the pharmacy (if applicable).

After submitting your permanent pharmacy closure form, ACP will only contact you if additional information is required.

If you have any further questions, please contact ACP at pharmacy@abpharmacy.ca.