Ohio Admin. Code 3796:6-2-13 - Request to relocate a dispensary
(A) A dispensary may relocate in the district
where the dispensary is licensed. To relocate a dispensary, the dispensary must
submit an application requesting the change and the relocation fee to the state
board of pharmacy. Pursuant to division (B) of section
3796.05
of the Revised Code, the state board of pharmacy shall consider the following
in evaluating a dispensary's request to relocate:
(1) The population of this state;
(2) The number of patients seeking to use
medical marijuana; and
(3) The
geographic distribution of dispensary sites to ensure patient access to medical
marijuana.
(B) The new
dispensary location shall be in the same dispensary district as the existing
location and meet all the requirements set forth in Chapter 3796. of the
Revised Code and this division of the Administrative Code.
(C) If the information and documents
submitted by the dispensary comply with Chapter 3796. of the Revised Code and
this rule, and the proposed location is acceptable to the state board of
pharmacy, the state board of pharmacy will
shall issue a
provisional license to relocate. The dispensary may continue to operate at the
existing location, until the new location receives its certificate of
operation. The dispensary may not dispense medical marijuana in two locations
under the same certificate of operation number.
(D) Once the new dispensary location is
complete, the dispensary shall notify the state board of pharmacy and request
an inspection to be completed in the same manner as described under rule
3796:6-2-06
of the Administrative Code.
(E)
Prior to issuing a certificate of operation, the state board of pharmacy will
inspect the dispensary to confirm compliance with Chapter 3796. of the Revised
Code and this division. Final approval for the dispensary to operate will be
issued by the state board of pharmacy only after the completion of a successful
inspection.
(F) A dispensary shall
not dispense medical marijuana at the new location until the state board of
pharmacy approves the dispensary and issues an amended certificate of operation
noting the new location. The amended certificate of operation will not be valid
until the preceding certificate of operation is returned to the state board of
pharmacy.
(G) Once the state board
of pharmacy has issued an amended certificate of operation, the dispensary
shall notify the state board of pharmacy of the dispensary opening
date.
(H) The certificate of
operation that includes the new address shall retain the expiration date of the
previously issued certificate.
(I)
An application for a relocation of a dispensary may not be combined with an
application for renewing a dispensary certificate of operation
or a request for a change of ownership . The state
board of pharmacy shall process each application separately.
(J) Should the dispensary relocate, it shall
inform its existing patients of the new dispensary location in writing at least
ninety calendar days prior to the relocation.
Notes
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.02, 3796.04, 3796.05. 3796.10
Prior Effective Dates: 09/08/2017
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