Wash. Admin. Code § 246-945-230 - General information, change of location, ownership or new construction
Current through Register Vol. 21-18, September 15, 2021
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General information, change of location, ownership or new construction.
(1) The definitions in this subsection apply throughout WAC 246-945-230 through 246-945-247 unless otherwise specified:
(a) "License" includes "licensing," "licensure," "certificate," "certification," and "registration."
(b) "Facility" includes pharmacies, nonresident pharmacies, health care entities, hospital pharmacy associated clinics, wholesalers, and manufacturers.
(2) The commission shall license a facility that:
(a) Submits a completed application for the license applied for on forms provided by the commission;
(b) Pays the applicable fees in accordance with chapter 246-907 WAC. This fee will not be prorated under any circumstances;
(c) Undergoes an inspection by the commission if the facility is located in Washington pursuant to WAC 246-945-005 that results in either no deficiencies or an approved plan of correction; and
(d) Obtains a controlled substances registration from the commission and is registered with the DEA if the facility intends to possess or distribute controlled substances.
(3) Once an initial license is issued, a licensed facility must:
(a) Notify the commission and pay a facility inspection fee in lieu of paying an original license fee for modifications or remodels. A modification or remodel of a pharmacy location includes changes to a previously approved area, room or pharmacy building which result in changes in the pharmacy that affects security, square footage, access to drugs, compounding or necessitates temporary relocation of pharmacy services.
(b) Submit a new application on forms provided by the commission and pay the original license fee as established in chapter 246-907 WAC if the facility changes location to a different address. If located in Washington, a facility may not relocate prior to the inspection of the new premises.
(c) Notify the commission and pay the original license fee in accordance with chapter 246-907 WAC whenever there is a change of ownership. Change in ownership includes changes in business or organizational structure such as a change from sole proprietorship to a corporation, or a change of more than fifty percent ownership in a corporation.
(i) Upon receipt of a change of ownership application and fees, the purchaser may begin operations prior to the issuance of a new pharmacy license only when the purchaser and seller have a written power of attorney agreement. This agreement shall delineate that violations during the pending application process shall be the sole responsibility of the seller.
(ii) This agreement shall be provided to the commission upon request.
(d) Notify the commission within thirty days of any changes to the information provided on their application.
(e) Notify the commission of any changes in their responsible pharmacy manager in accordance with WAC 246-945-480, if a responsible pharmacy manager is required for initial licensure.
(f) Renew their license in accordance with chapter 246-907 WAC.
(4) A license is issued to a location and is not transferable.
[Statutory Authority: RCW 18.64.005, 18.64.080, 18.130.075, 18.64.043, 18.64.044, 18.64.045, 18.64.046, 18.64.370, 18.64.460, 69.50.310, 18.64.011, 18.64.245, 18.64.470, 18.64.255, 18.64.205, 18.64.253, 18.64.410, 18.64.500, 18.64.590. WSR 20-12-072, § 246-945-230, filed 6/1/20, effective 7/1/20.]