Ohio Admin. Code 4729:6-2-05 - Change in description of a distributor of dangerous drugs
(A)
Any change in the ownership, business or trade name,
category, or address of a distributor of dangerous drugs requires an
application and required fee. The application and required fee shall be
submitted within thirty days of any change in the ownership, business or trade
name, category, or address.
(B)
A change of
ownership includes any of the following:
(1)
For all
distributors of dangerous drugs:
(a)
Any business entity change from its original form, as
licensed, to a sole proprietorship, partnership, limited liability company,
corporation, or any other business entity.
(b)
Two wholly owned
subsidiaries of a parent company are merged.
(c)
A currently
licensed drug distributor is purchased or operated by a different business
entity than what is listed on the original application, even if the location
maintains the original "doing business as" (DBA) and/or responsible
person.
(2)
For corporations:
(a)
Except as
provided in paragraph (B)(2)(d) of this rule, a change of controlling interest
of ten per cent or more of a licensed corporation's outstanding shares of
voting stock.
(b)
An existing corporation ceases, and a new corporation
or other business entity is formed.
(c)
An existing
corporation continues and there is a one hundred per cent stock purchase by
another corporation or other business entity.
(d)
For publicly
traded corporations, a routine sale of stock is not a change of
ownership.
A publicly traded corporation is a company that has listed itself on at least one public stock exchange or has issued securities and is subject to public reporting requirements.
(3)
For partnerships, any partnership change, other than
that which was originally licensed.
(a)
A partnership change is deemed to have occurred
when:
(i)
There
is an addition of one or more partners in a partnership to which a license is
issued.
(ii)
The entity is sold, and the sale becomes
final.
(b)
Transfer of a portion of ownership among existing
partners is not a change of ownership, if there is no addition of a
partner.
(4)
For a limited liability company, any membership change
of a limited liability company, other than that which was originally
licensed.
(a)
A
membership change is deemed to have occurred when:
(i)
There is an
addition of one or more members in a company to which a license is
issued.
(ii)
The entity is sold, and the sale becomes
final.
(b)
For limited liability companies, a transfer of a
portion of ownership among existing members is not a change of ownership, if
there is no addition of a member.
(5)
Any other
business model change, as determined by the board to be a change of
ownership.
(C)
If any change of ownership in accordance with paragraph
(B) of this rule results in a new or different DBA or a new or different
employer identification number (EIN), an application and fee is
required.
(D)
A change of ownership in accordance with this rule may
result in the issuance of a new license.
(E)
A change of
ownership, as described in paragraph (B) of this rule, of a licensee's parent
or holding company which does not exercise direct control of the licensed
entity, shall not require an application, fee, or new license
number.
(F)
A change of address includes the physical relocation of
the licensee's operations and location of the drug stock. This shall include a
change of suites within an existing building or campus.
(G)
A change of
address that results from a change within a local government entity or United
States postal service (U.S.P.S.) that does not include any physical relocation
of the licensee's operations shall not require an application and fee. The
licensee shall submit written notification to the board, in a manner determined
by the board, indicating the change of address.
Replaces: 4729:6-2-05
Notes
Promulgated Under: 119.03
Statutory Authority: 4729.26
Rule Amplifies: 4729.51, 4729.52, 4729.53
Prior Effective Dates: 09/10/1976, 02/01/1998, 02/01/2003, 01/01/2009, 10/15/2015, 02/01/2017, 03/01/2019
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