64B16-28.2021. Change of Ownership

(1) A pharmacy permit is not transferable. If upon the sale of an existing pharmacy, there is any change in the identity of the natural person, partnership, or business entity which holds the permit, a new application must be filed and a new permit obtained. For purposes of this rule, the test for determining change of identity shall be whether the person or entity’s Federal Employer Identification Number (FEIN) remains the same following the sale.

(2) Permits held by business entities with no change in identity. In those cases where the permit is held by a business entity (e.g. a corporation, limited liability company, limited partnership, etc.) which entity continues to hold the permit without change in identity, the transfer of the ownership interests of said business entity to another person or business entity does not constitute a change of ownership (requiring application for and issuance of a new pharmacy permit). Upon transfer of the ownership interests in the business entity, the following steps shall be taken:

(a) Within fifteen (15) days of closing the transfer, the permittee shall notify the Board office of the transfer of ownership interests; and,

(b) As specified in Section 465.022(3), F.S., all persons, members, partners, officers, directors, and agents having an ownership or other financial interest of greater than five percent (5%), and all persons who directly or indirectly manage, oversee, or control the operation of the business entity, must file with the board a set of fingerprints as specified in paragraph 64B16-28.100(1)(c), F.A.C.

(3) If a criminal history check identifies any person listed in paragraph (2)(b) above as meeting any of the provisions of Section 465.022(5) or (6), F.S., the Board staff shall refer the matter to the Department for investigation and possible prosecution as provided in Section 465.023, F.S.

(4) A change in ownership (and issuance of a new permit number) requires that new records be started and old records closed. The process for closing a pharmacy, including the transfer of prescription files and medicinal drugs, as outlined in Rules 64B16-28.202 and 64B16-28.203, F.A.C., must be followed for the old permit. If the old permit has controlled substances, the new permit must record an “opening inventory” for DEA purposes. Both the new permit and the old permit must keep appropriate records for four (4) years for the transfer of legend drugs and controlled substances.

(5) A change in the company or person who leases the building where the permit is housed or a change in the management company which contracts with the owner of the permit for the operation of the permit does not constitute a change in ownership.

Rulemaking Authority 465.005, 465.022 FS. Law Implemented 465.003(11)(a), 465.018, 465.019, 465.0193, 465.0196, 465.022, 465.023 FS. History–New 4-19-00, Amended 1-2-02, Formerly 64B16-28.1135, Amended 4-5-05, 7-14-14, 7-14-16.