PHARMACY PERMITS

Eligibility

A pharmacy is “any place where prescription drugs are dispensed or compounded.” GS § 90-85.3(q). A pharmacy must hold a permit prior to providing pharmacy services to a North Carolina patient. GS § 90-85.21. The same holds true for any pharmacy located outside of North Carolina that wishes to provide pharmacy services to North Carolina residents. GS § 90-85.21A.

A pharmacist-manager (PM) must apply for the pharmacy permit and is the person who accepts responsibility for the safe and lawful operation of the pharmacy. 21 NCAC 46.1317(15); 21 NCAC 46.1601(a), (e).

Instructions / Information

Step 1:
Navigate to the Board's Licensure Gateway. Click on the FACILITY MANAGEMENT tab and then click on the NEW PHARMACY tile.

Step 2:
The Licensure Gateway will present you with a series of questions. Please answer them to ensure that the correct application is presented and completed. 

Step 3:
The PM must complete the application and attest to the accuracy of all information provided in the application. There is a $500 NON-REFUNDABLE/NON-TRANSFERRABLE application fee.

The Pharmacy Permit application must be completed in one sitting. Incomplete applications will not be saved. The following is a list of items/information that you must have handy to complete the application:

  • NABP Business e-profile number. If you do not have an NABP Business e-profile number, navigate to the National Association of Boards of Pharmacy’s website and obtain one.

  • EIN number (Federal Tax ID number)

  • DEA number (if applicable)

  • Photographs of the pharmacy

    • Exterior:

      • The building in which the pharmacy facility will be or is located

      • Signage for the pharmacy facility

      • Adjacent buildings (if applicable)

      • Arist sketches or architectural plans/drawings-in addition to, not in lieu of, above

    • Interior:

      • Prescription area of the pharmacy

      • Dispensing/processing and storage area of the pharmacy

      • All pharmacy equipment

      • If compounding, include compounding area and adequate equipment

      • If the pharmacy is not open yet, include images and location of equipment to be present.

      Note: Chain pharmacies may send interior pictures of what the pharmacy normally appears to look like (from a pre-existing location).

  • Corporate organization chart that includes all entities holding and ownership or beneficial interest in the pharmacy, as well as the pharmacy’s staff.

  • Certificate A: This is an ownership document and will be uploaded after you have submitted the application. Once the application is submitted, you will receive a confirmation number (see Step 4 below). Use that number to log in to the application through the Board's Licensure Gateway. Click on the pending application, and then on the Important Files header.

  • Proof of Occupancy for the facility. Please submit one of the following items to determine proof of occupancy:

    • Lease/Rental agreement - address and signature page included

    • Deed or Deed of Trust

    • Property tax statement

    • Building permit

    • Certificate of Occupancy

    • Business license

  • Completed label

  • Secretary of State or Registered Agent information

  • If an out-of-state pharmacy, operational inspection from the home state board of pharmacy or an NABP VPP inspection completed within twelve (12) months prior to application. If the pharmacy is providing compounding services, the inspection must demonstrate compliance with USP chapter standards governing compounding. If the inspection report shows any non-compliance issues, the applicant must also supply documentation showing corrective action taken.

  • Disciplinary action: Be sure to upload any disciplinary action taken by another state.


Step 4:

Upon submission of a complete application, the PM will receive an email with the confirmation number. Please log in to the Board's Licensure Gateway with your confirmation number information to upload additional documents to the application, including “Certificate A” as noted above in Step 3.

Please allow 6-8 weeks for application review. If Board staff needs additional or clarifying information about your application, you will be notified via the PM's email address. Prompt, complete responses from the PM to any requests for additional information will ensure that the application review continues in a timely manner.


Step 5:

Once the pending application has been approved by Board staff, the approval email will be sent to the PM instructing them to log in and view the PM Education video. You must click the link in the email to access the video. After the video has been viewed, please click to attest that the PM watched the video. Once complete, the system will email the permit number of the pharmacy to the PM.  

Once the permit number has been issued, it must be used to log in through the Board's Licensure Gateway.

NOTE: The permit must be operational within six (6) months of the permit issuance date. If, due to unforeseen circumstances, the permit will not be operational within that time frame, the PM must contact Board staff to discuss.

Pharmacy Manager Responsibilities

Pharmacy Permit FAQs

Application

The requirements are detailed in 21 NCAC 46.1601. Special requirements apply to pharmacies that deliver prescriptions by mail, 21 NCAC 46.1601(b), that are located within other business, 21 NCAC 46.1601(c), that are an Internet pharmacy, 21 NCAC 46.1317(9); 21 NCAC 46.1601(d), or that are located outside of North Carolina. 21 NCAC 46.1607(c).

Log-in through the Board's Licensure Gateway using the permit application confirmation number and click on the blue UPLOAD button.

No. Once Board staff have approved a pending application, an approval email will be sent to the PM instructing them to log in and view the PM Education video. Once the PM has viewed the video the permit number will be emailed to the PM.

Out-of-State Pharmacies

No. An out-of-state pharmacy may not ship, mail, or deliver in any manner even a single dispensed legend drug, device, or piece of medical equipment into North Carolina until it receives a permit from the Board. Any unpermitted dispensing must be disclosed on a permit application, and any permit applicant must update any application within 24 hours of any dispensing into North Carolina that occurs while a permit is pending. The Board may deny a permit based on that dispensing or on a failure to disclose it. 21 NCAC 46.1607(b).

Permit Management

Yes. Please see the instructions below concerning change in ownership. As noted there, if a change of ownership occurs before a new permit has been obtained, the existing permit is void as a matter of law. To submit a Transfer of Ownership application, click on the Facility Management tab on the Board's Licensure Gateway and log in under the permit. Once logged in, click on the Transfer Ownership tile. A Transfer of Ownership application should be submitted at least 6-8 weeks prior to the effective date of the change. All applicants should upload an explanation of the change, which could include an organizational chart and/or pre- and post-closing chart. Out of state permits must upload a recent operational inspection and a copy of the license from the home state.

Board Rule 21 NCAC 46.1603 provides:
A new pharmacy, device, or medical equipment permit is required for a new location, if there is a change to a different or successor business entity, or a change resulting in a different person or entity owning more than 50 percent interest in the permit holder, or any entity in the chain of ownership above the permit holder, except as provided in 21 NCAC 46 .1604 of this Section. A new permit is required if there is a change in the authority to control or designate a majority of the members or board of directors of a nonprofit corporation holding a pharmacy permit or any nonprofit corporation in the chain of ownership above the permit holder.

This means, if a change of ownership requiring a new permit occurs – and the pharmacy has not obtained the new permit by the effective date of the transfer of ownership – the previous permit becomes void (i.e. no longer active) as of the effective date of the transfer of ownership.

Any permit subsequently acquired would not operate retroactively. It will operate from the date of issue forward. That means that an untimely transfer of ownership would result in a pharmacy operating without a permit for a period of time, which could result in Board action for unlicensed practice of pharmacy and other collateral consequences.

Transfer of ownership permit applicants must note that a new owner of a pharmacy may not operate using an old permit under a "power of attorney" or similar.

To facilitate an orderly transfer, permit applications must be filed well in advance (6-8 weeks) of the planned transaction And, of course, permit applications proceed most quickly when they are complete, correct, and the applicant pharmacist-manager responds quickly to requests for information from Board staff. The applicant pharmacist-manager needs to monitor the permit application status and keep Board staff apprised of any changes to the transaction date. Failure to do these things can lead to significant delays in permit review and, as noted above, transferring ownership prior to a new permit’s issuance voids the existing permit.

Yes. For a change in location, Board staff can, upon receiving a timely, complete application, issue a re-registration permit (which allows the facility to retain the originally-issued permit number). To submit a Re-Registration application, click on the Facility Management tab on the Board's Licensure Gateway page and log in under the permit. Once logged in, click on the Pharmacy Re-Registration tile. A Re-Registration application should be submitted at least 6-8 weeks prior to the effective date of the change. Note that failure to obtain a new permit in advance of a change in location renders the existing permit void as a matter of law.

This type of ownership change requires a Re-Registration Application. This type of application is specifically for majority ownership changes between existing partners only. To submit a Re-Registration application, click on the Facility Management tab on the Board's Licensure Gateway page and log in under the permit. Once logged in, click on the Pharmacy Re-Registration tile. A Re-Registration application should be submitted at least 6-8 weeks prior to the effective date of the change. The applicant should upload an explanation of the change, which could include an organizational chart and/or pre and post closing chart, if applicable. An out-of-state permit must upload a recent operational inspection and a copy of the license from the home state.

Please submit the application at least 6-8 weeks prior to the effective date of the transfer/re-registration. This ensures that the application may be reviewed and processed on the effective date. The Board does not “post-date” or “pre-date” a transfer of ownership. Note that failure to obtain a new permit in advance of a change renders the existing permit void as a matter of law. Again, see below:

Board Rule 21 NCAC 46.1603 provides:
A new pharmacy, device, or medical equipment permit is required for a new location, if there is a change to a different or successor business entity, or a change resulting in a different person or entity owning more than 50 percent interest in the permit holder, or any entity in the chain of ownership above the permit holder, except as provided in 21 NCAC 46 .1604 of this Section. A new permit is required if there is a change in the authority to control or designate a majority of the members or board of directors of a nonprofit corporation holding a pharmacy permit or any nonprofit corporation in the chain of ownership above the permit holder.

This means, if a change of ownership requiring a new permit occurs – and the pharmacy has not obtained the new permit by the effective date of the transfer of ownership – the previous permit becomes void (i.e. no longer active) as of the effective date of the transfer of ownership.

Any permit subsequently acquired would not operate retroactively. It will operate from the date of issue forward. That means that an untimely transfer of ownership would result in a pharmacy operating without a permit for a period of time, which could result in Board action for unlicensed practice of pharmacy and other collateral consequences.

Transfer of ownership permit applicants must note that a new owner of a pharmacy may not operate using an old permit under a "power of attorney" or similar.

To facilitate an orderly transfer, permit applications must be filed well in advance (6-8 weeks) of the planned transaction And, of course, permit applications proceed most quickly when they are complete, correct, and the applicant pharmacist-manager responds quickly to requests for information from Board staff. The applicant pharmacist-manager needs to monitor the permit application status and keep Board staff apprised of any changes to the transaction date. Failure to do these things can lead to significant delays in permit review and, as noted above, transferring ownership prior to a new permit’s issuance voids the existing permit.

Give the anticipated effective date on the application and make sure to communicate with the Board, in advance, if the date changes.

Please email Board staff concerning the effective date change. Please include the name of the pharmacy and permit number in the email and alert Board staff of the change several business days in advance. 

Permits are non-transferable. A new owner is required to submit a Transfer of Ownership application at least six weeks in advance of the transfer. Note that failure to obtain a new permit in advance of an ownership change renders the existing permit void as a matter of law. Again, see below:

Board Rule 21 NCAC 46.1603 provides:
A new pharmacy, device, or medical equipment permit is required for a new location, if there is a change to a different or successor business entity, or a change resulting in a different person or entity owning more than 50 percent interest in the permit holder, or any entity in the chain of ownership above the permit holder, except as provided in 21 NCAC 46 .1604 of this Section. A new permit is required if there is a change in the authority to control or designate a majority of the members or board of directors of a nonprofit corporation holding a pharmacy permit or any nonprofit corporation in the chain of ownership above the permit holder.

This means, if a change of ownership requiring a new permit occurs – and the pharmacy has not obtained the new permit by the effective date of the transfer of ownership – the previous permit becomes void (i.e. no longer active) as of the effective date of the transfer of ownership.

Any permit subsequently acquired would not operate retroactively. It will operate from the date of issue forward. That means that an untimely transfer of ownership would result in a pharmacy operating without a permit for a period of time, which could result in Board action for unlicensed practice of pharmacy and other collateral consequences.

Transfer of ownership permit applicants must note that a new owner of a pharmacy may not operate using an old permit under a "power of attorney" or similar.

To facilitate an orderly transfer, permit applications must be filed well in advance (6-8 weeks) of the planned transaction And, of course, permit applications proceed most quickly when they are complete, correct, and the applicant pharmacist-manager responds quickly to requests for information from Board staff. The applicant pharmacist-manager needs to monitor the permit application status and keep Board staff apprised of any changes to the transaction date. Failure to do these things can lead to significant delays in permit review and, as noted above, transferring ownership prior to a new permit’s issuance voids the existing permit.

Yes. A Transfer of Ownership application is required if the majority of interest changes (greater than 50%) at the permit holder or in any entity in chain of ownership above the permit holder. 21 NCAC 46.1603. See also these instructions concerning change in ownership:

Board Rule 21 NCAC 46.1603 provides:
A new pharmacy, device, or medical equipment permit is required for a new location, if there is a change to a different or successor business entity, or a change resulting in a different person or entity owning more than 50 percent interest in the permit holder, or any entity in the chain of ownership above the permit holder, except as provided in 21 NCAC 46 .1604 of this Section. A new permit is required if there is a change in the authority to control or designate a majority of the members or board of directors of a nonprofit corporation holding a pharmacy permit or any nonprofit corporation in the chain of ownership above the permit holder.

This means, if a change of ownership requiring a new permit occurs – and the pharmacy has not obtained the new permit by the effective date of the transfer of ownership – the previous permit becomes void (i.e. no longer active) as of the effective date of the transfer of ownership.

Any permit subsequently acquired would not operate retroactively. It will operate from the date of issue forward. That means that an untimely transfer of ownership would result in a pharmacy operating without a permit for a period of time, which could result in Board action for unlicensed practice of pharmacy and other collateral consequences.

Transfer of ownership permit applicants must note that a new owner of a pharmacy may not operate using an old permit under a "power of attorney" or similar.

To facilitate an orderly transfer, permit applications must be filed well in advance (6-8 weeks) of the planned transaction And, of course, permit applications proceed most quickly when they are complete, correct, and the applicant pharmacist-manager responds quickly to requests for information from Board staff. The applicant pharmacist-manager needs to monitor the permit application status and keep Board staff apprised of any changes to the transaction date. Failure to do these things can lead to significant delays in permit review and, as noted above, transferring ownership prior to a new permit’s issuance voids the existing permit.

This would be considered a non-controlling owner change. To submit this type of change, please log in under the permit through the Board's Licensure Gateway and click on the tile entitled Update Non-Controlling Owners. Please allow 5-7 business days for staff to review and process these updates.

Yes. If the change is less than 50%, and the change occurred in an entity in the chain of ownership above the direct pharmacy owner, the Update Non-Controlling Owners request may be submitted. Along with the update, please upload an explanation as to what changed and at what level.

No. See these instructions concerning change in ownership:

Board Rule 21 NCAC 46.1603 provides:
A new pharmacy, device, or medical equipment permit is required for a new location, if there is a change to a different or successor business entity, or a change resulting in a different person or entity owning more than 50 percent interest in the permit holder, or any entity in the chain of ownership above the permit holder, except as provided in 21 NCAC 46 .1604 of this Section. A new permit is required if there is a change in the authority to control or designate a majority of the members or board of directors of a nonprofit corporation holding a pharmacy permit or any nonprofit corporation in the chain of ownership above the permit holder.

This means, if a change of ownership requiring a new permit occurs – and the pharmacy has not obtained the new permit by the effective date of the transfer of ownership – the previous permit becomes void (i.e. no longer active) as of the effective date of the transfer of ownership.

Any permit subsequently acquired would not operate retroactively. It will operate from the date of issue forward. That means that an untimely transfer of ownership would result in a pharmacy operating without a permit for a period of time, which could result in Board action for unlicensed practice of pharmacy and other collateral consequences.

Transfer of ownership permit applicants must note that a new owner of a pharmacy may not operate using an old permit under a "power of attorney" or similar.

To facilitate an orderly transfer, permit applications must be filed well in advance (6-8 weeks) of the planned transaction And, of course, permit applications proceed most quickly when they are complete, correct, and the applicant pharmacist-manager responds quickly to requests for information from Board staff. The applicant pharmacist-manager needs to monitor the permit application status and keep Board staff apprised of any changes to the transaction date. Failure to do these things can lead to significant delays in permit review and, as noted above, transferring ownership prior to a new permit’s issuance voids the existing permit.

Once Board staff approves the application and the PM has confirmed the date of the transfer, the application will be processed and effective on that date.

If a transfer of ownership requiring a new permit occurs, and the pharmacy has not obtained the new permit by the effective date of the transfer of ownership, the previous permit becomes void as of the effective date of transfer of ownership. This could result in Board action. It’s extremely important to submit the application well before the transfer of ownership occurs. See also these instructions concerning change in ownership:

Board Rule 21 NCAC 46.1603 provides:
A new pharmacy, device, or medical equipment permit is required for a new location, if there is a change to a different or successor business entity, or a change resulting in a different person or entity owning more than 50 percent interest in the permit holder, or any entity in the chain of ownership above the permit holder, except as provided in 21 NCAC 46 .1604 of this Section. A new permit is required if there is a change in the authority to control or designate a majority of the members or board of directors of a nonprofit corporation holding a pharmacy permit or any nonprofit corporation in the chain of ownership above the permit holder.

This means, if a change of ownership requiring a new permit occurs – and the pharmacy has not obtained the new permit by the effective date of the transfer of ownership – the previous permit becomes void (i.e. no longer active) as of the effective date of the transfer of ownership.

Any permit subsequently acquired would not operate retroactively. It will operate from the date of issue forward. That means that an untimely transfer of ownership would result in a pharmacy operating without a permit for a period of time, which could result in Board action for unlicensed practice of pharmacy and other collateral consequences.

Transfer of ownership permit applicants must note that a new owner of a pharmacy may not operate using an old permit under a "power of attorney" or similar.

To facilitate an orderly transfer, permit applications must be filed well in advance (6-8 weeks) of the planned transaction And, of course, permit applications proceed most quickly when they are complete, correct, and the applicant pharmacist-manager responds quickly to requests for information from Board staff. The applicant pharmacist-manager needs to monitor the permit application status and keep Board staff apprised of any changes to the transaction date. Failure to do these things can lead to significant delays in permit review and, as noted above, transferring ownership prior to a new permit’s issuance voids the existing permit.

The incoming PM must log in to the Board's Licensure Gateway under the permit and click on the Manager Change tile. Follow the prompts. The incoming PM should allow 5-7 business days for review and processing. The PM change fee is $35.

Once logged in under the permit, there are several blue gears at top of the page. These icons allow the PM to update email addresses of the PM and the facility, hours of operation, and phone numbers.

Once logged in to the Board's Licensure Gateway under the permit, click on the View/Update Services tile. This will bring up the services page for the pharmacy, which the PM may – and should – update as needed.

Once logged in to the Board's Licensure Gateway under the permit, click on the View/Update Services tile.

Yes. Once logged in to the Board's Licensure Gateway under the permit, click on the Update Officers tile and make changes as needed.

Yes. Once logged in to the Board's Licensure Gateway under the permit, click on the Name Change tile and submit the request. The update should only be for a minor change to add/update the D/B/A name due to rebranding. If the pharmacy is undergoing a change of ownership, a Change of Ownership permit application is required.

Occasionally, a county, municipality, or post office will change the address of the pharmacy. In these cases, the pharmacy is required to submit an address update. To submit an address update, please log in to the Board's Licensure Gateway under the permit, click on the Address Update tile, and follow the prompts. Please allow 5-7 days for review and processing. Note: If the pharmacy is moving to a new address, a Re-Registration Application must be filed and the application approved prior to the move. Changing locations without an approved re-registration voids the existing permit as a matter of law.

Renewal / Closing

Instructions and FAQs regarding pharmacy permit renewal are found here.

21 NCAC 46.2502(h) details the PM’s responsibilities upon permanent closure of a pharmacy. These responsibilities are in place to ensure that the pharmacy’s patients are not caught by surprise by a pharmacy closure and that continuity of care is maintained. Adherence to them is crucial. Please log in under the permit and click on the tile entitled Close Facility and follow the prompts to submit the closure notice. Please allow 5-7 business days for the update to be reviewed and processed.

The NC permit will need to be closed. Please log in under the permit, click on the Close Facility tile, and follow the prompts to submit the closure notice. Please allow 5-7 business days for the update to be reviewed and processed. 

For questions about pharmacy permits, please contact Wendy Watson at 919.246.1050 or by email at wwatson@ncbop.org.