64B16-28.203. Transfer of Medicinal Drugs; Change of Ownership; Closing of a Pharmacy

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 64B16-28.2021, F.A.C., or upon the closing of a pharmacy, as defined in Rule 64B16-28.2021, 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.

Specific Authority 465.005, 465.022(1)(g) FS. Law Implemented 465.022(1)(g) FS. History–New 12-26-79, Formerly 21S-16.03, 21S-16.003, 21S-28.203, 61F10-28.203, 59X-28.203, Amended 4-5-05.