Fla. Admin. Code Ann. R. 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.
Notes
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.
New 4-19-00, Amended 1-2-02, Formerly 64B16-28.1135, Amended 4-5-05, 7-14-14, 7-14-16.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.