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PA Bulletin, Doc. No. 97-1238



[49 PA. CODE CH. 27]

Approval of Plans; Pharmacy Alterations; Advance Notice of Final Rulemaking

[27 Pa.B. 3969]

   The State Board of Pharmacy (Board) hereby announces its intention to revise its regulations at § 27.16(a)(2) (relating to construction requirements).

   On March 18, 1997, the Board entertained public commentary on its standards set forth at § 27.16(a)(2). After deliberations, the Board on that date voted to revise those standards. Section 27.16(a)(2) requires the pharmacy to stop operations during construction unless the Board approves planned precautions to protect the health and safety during construction. Subsection (2)(ii) requires that the plans to do so be submitted 90 days in advance of construction. The Board determined that 30 days' advance notice was an adequate timeframe to permit the Board to review and issue its determination of the planned precautions.

   The Board has reviewed this provision in accordance with the Governor's Executive Order 1996-1 with an eye toward eliminating overly burdensome regulation without compromising quality pharmacy practice in protection of the public health and safety. The Board has determined that a 30-day advance filing of pharmacy alteration plans is more cost-effective than the extended 90-day requirement, and will better accommodate current business needs. On April 18, 1997, pharmacy organizations and representatives were advised of the Board's intent to revise the regulation. The Board also notified its inspectors of its determination not to enforce the 90-day requirement, so long as planned alterations of existing pharmacies are submitted at least 30 days in advance of the start of construction. The Board will not find a pharmacy in violation of its regulation at 49 Pa. Code § 27.16(a)(2)(ii) if it has filed the plans within 30 days prior to the beginning of alteration work.

   The Board will codify this revision by promulgating an Order of Final Rulemaking with Notice of Proposed Rulemaking Omitted. A copy of the draft regulation is available from the State Board of Pharmacy at (717) 783-7157.


[Pa.B. Doc. No. 97-1238. Filed for public inspection August 1, 1997, 9:00 a.m.]

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