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.
