Vol. 28 Iss. 15 - March 26, 2012

Chapter 20
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Pharmacy intends to consider amending 18VAC110-20, Regulations Governing the Practice of Pharmacy. The purpose of the proposed action is to modify or eliminate the current requirement that bulk bins in an automated counting device be "run dry" every 60 days. The requirement to allow the bins to "run dry" every 60 days to prevent expired drugs from dispensed is probably not necessary to protect public health and safety. In modifying the regulation, the board will consider safeguards that would ensure expired or recalled drugs are not being dispensed to patients. If the technology of the device can ensure drugs in a particular lot have been cleared out of the machine, it might not be necessary to dispose of all drugs in a bin to which a recalled lot has been added. If not, and if multiple lots are in a bin, the drugs may have to be removed and not used for patient care if there is a recall on any of the lots. Additionally, the regulation may require regular emptying and cleaning of the device to avoid an accumulation of drug residue that might affect the efficacy of the drugs or the accuracy of the dispensing. In considering modification to or elimination of the "run-dry" regulation, the board will include requirements in the best interest of public health and safety in prescription medications.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Public Comment Deadline: April 25, 2012.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4416, FAX (804) 527-4472, or email

VA.R. Doc. No. R12-3083; Filed February 23, 2012, 2:06 p.m.