Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B16 - Board of Pharmacy › Chapter 64B16-28 - GENERAL REQUIREMENTS - PERMITS › Section 64B16-28.203 - Transfer of Medicinal Drugs; Change of Ownership; Closing of a Pharmacy

Current through Reg. 50, No. 138; July 16, 2024
Ownership of medicinal drugs, including those medicinal drugs
				  within the provisions of Section
				   893.03, F.S., may be transferred
				  to a new owner upon the change of ownership of a pharmacy, as defined in Rule
				   64B16-28.202, F.A.C., or upon
				  the closing of a pharmacy, as defined in Rule
				   64B16-28.202, F.A.C. The
				  transferee entity acquiring ownership shall be authorized to prescribe,
				  dispense or distribute such drugs. The transferor pharmacy shall provide the
				  Florida Board of Pharmacy with the following information:
(1) The name, address, pharmacy permit number
				and D.E.A. registration number of the transferor pharmacy.
(2) The name, address, permit number, D.E.A.
				registration number (if available), and authorized business activity of the
				transferee entity.
(3) The date on
				which the transfer will occur.
(4)
				A complete inventory of all medicinal drugs within the provisions of Section
				 893.03, F.S., as of the date of
				transfer. If the medicinal drug is listed in Schedule II, the transferor shall
				make an exact count or measure of the contents. If the medicinal drugs are
				listed in Schedule III, IV, or V, the transferor shall make an estimated count
				or measure of the contents, unless the container holds more than 1, 000 tablets
				or capsules, in which case an exact count of the contents shall be made. This
				inventory shall serve as the final inventory of the permittee transferor and
				the transfer inventory of the transferee entity. The transferor and transferee
				shall each retain a copy of the inventory in their records and shall provide
				the Board of Pharmacy with a copy of such inventory. Transfer of any controlled
				substance in Schedule II shall require the use of order form, D.E.A. form
				number 222.
(5) Unless the
				permittee-transferor is informed by the Board of Pharmacy or the regional
				D.E.A. Administrator prior to the date on which the transfer was stated to
				occur, that the transfer may not occur, the permittee-transferor may proceed
				with the transfer.
(6) On the date
				of transfer of the medicinal drugs, all records required to be kept by the
				permittee-transferor of the transferred drugs which are listed in Section
				 893.03, F.S., shall be
				transferred to the permittee-transferor. Responsibility for the accuracy of
				records prior to the date of transfer remains with the permittee-transferor,
				but responsibility for custody and maintenance shall be upon the
				permittee-transferee. It is the responsibility of the permittee-transferor to
				return all unused Schedule II order forms (D.E.A. form no. 222) to the regional
				D.E.A. office.
Rulemaking Authority
					 465.005,
					 465.022(1)(g)
					 FS. Law Implemented 465.022(1)(g)
					 FS.
New 12-26-79, Formerly 21S-16.03, 21S-16.003, 21S-28.203,
					 61F10-28.203, 59X-28.203, Amended
					 4-5-05.