SB 298
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Enrolled - Revised
Senate Bill 298 (Senator Reilly)
Education, Health, and Environmental Affairs Health and Government Operations
State Board of Pharmacy – Pharmacy Closure – Notice to Customers (The
Dennis Robin Act)
This bill specifies the customer notification procedures the owner of a pharmacy must
follow prior to closing a pharmacy for more than 7 consecutive days. At least 14 days
before the anticipated closing of the pharmacy, the pharmacy owner must (1) post a
specified notice in the pharmacy and on the pharmacy’s website and (2) provide written
and verbal notice to each client who picks up a prescription or refill. Each notice must
indicate (1) the date of the anticipated closing; (2) the name of the pharmacy to which the
closing pharmacy will transfer customers’ prescriptions and records; and (3) that a
customer may request the closing pharmacy to send the customer’s prescriptions and
records to another pharmacy. The State Board of Pharmacy must adopt specified
regulations to define “closing of a pharmacy” and provide exceptions.
Fiscal Summary
State Effect: The State Board of Pharmacy can adopt the required regulations and monitor
closings using existing budgeted resources. Revenues are not affected.
Local Effect: None.
Small Business Effect: Minimal.
Analysis
Current Law: A person must hold a pharmacy permit from the board to establish or
operate a pharmacy in the State. Under the Code of Maryland Regulations, at least 14 days
before a location’s anticipated date of ceasing to operate as a licensed pharmacy (the date
on which the last prescription is filled or refilled by a licensed pharmacist), the pharmacy
permit holder must (1) notify both the board and the Division of Drug Control in writing
of the day on which the licensed pharmacy will cease to operate as a pharmacy and
(2) request a closing inspection date.
In addition, the pharmacy permit holder must notify the public of (1) the date that the
pharmacy will cease to operate as a pharmacy by that date and (2) either the location to
which the patients’ records have been transferred or the location of the patient records, the
method by which the patient records must be maintained, and the procedure by which
patients and other authorized individuals may access the records.
The board (or the board’s agent) must perform a closing inspection within 72 hours of the
pharmacy ceasing to operate. At the closing inspection, the pharmacy permit holder must
provide specified information and documentation, including (1) a copy of the inventory
required by the federal Drug Enforcement Administration; (2) the pharmacy permit and
controlled dangerous substance registration for cancellation; (3) information about any
prescription drugs in stock that were returned or transferred and for any prescription files
or patient records transferred; (4) information about any destroyed prescription drugs;
(5) information about any patient records not required to be maintained by law or other
documents containing patient information that are destroyed; and (6) information about
any patient records or other documents containing patient information that are transferred.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Maryland Department of Health; Department of Legislative
Services
Fiscal Note History: First Reader - January 21, 2021
rh/ljm Third Reader - March 23, 2021
Revised - Amendment(s) - March 23, 2021
Enrolled - April 13, 2021
Revised - Amendment(s) - April 13, 2021
Analysis by: Jennifer B. Chasse Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 298/ Page 2


Statutes affected:
Text - First - State Board of Pharmacy – Pharmacy Closure – Notice to Customers (The Dennis Robin Act): 12-513 Health Occupations
Text - Third - State Board of Pharmacy – Pharmacy Closure – Notice to Customers (The Dennis Robin Act): 12-513 Health Occupations
Text - Enrolled - State Board of Pharmacy – Pharmacy Closure – Notice to Customers (The Dennis Robin Act): 12-513 []