Section 22-B1322. DISTRIBUTION UPON DISCONTINUANCE OR TRANSFER OF BUSINESS

 

1322.1  A registrant desiring to discontinue business activities altogether or with respect to controlled substances (without transferring such business activities to another person) shall:

 

(a) Return for cancellation his or her District of Columbia certificate of       registration to the Director;

 

(b) Return for cancellation his or her federal registration certificate and any     unexecuted order forms in his or her possession to the DEA; and

 

(c) Dispose of any controlled substances in his or her possession in accordance with 21 C.F.R. § 1307.21.

 

1322.2 A registrant desiring to discontinue business activities altogether or with respect to controlled substances (by transferring those business activities to another person) shall submit in person or by registered or certified mail, return receipt requested, to the Director, at least fourteen (14) days before the date of the proposed transfer (unless the director waives this time limitation in individual instances) the following information:

 

(a) The name, address, controlled substance registration number(s), and authorized business activity of the registrant discontinuing the business (registrant-transferor);

 

(b) The name, address, controlled substance registration number(s), and authorized business activity of the person acquiring the business (registrant-transferee);

 

(c)   Whether the business activities will be continued at the location registered by the person discontinuing the business, or moved to another location (if the latter, the address of the new location shall be listed); and

 

(d)   The date on which the transfer of controlled substances will occur.

 

1322.3 Unless the registrant-transferor is informed by the Director, before the date on which the transfer was stated to occur, that the transfer shall not be permitted to occur, the registrant-transferor may distribute (without being registered to distribute) controlled substances in his or her possession to the registrant-transferee in accordance with the following:

 

(a)   On the date of transfer of the controlled substances, a complete inventory of all controlled substances being transferred shall be taken in accordance with 21 C.F.R. § 1304.11.  This inventory shall serve as the final inventory of the registrant-transferor and the initial inventory of the registrant-transferee, and a copy of the inventory shall be included in the records of each person.  It shall not be necessary to file a copy of the inventory with the Director unless requested by the Director.  Transfers of any substances listed in Schedule I or II shall require the use of order forms in accordance with 21 C.F.R. § 1305;

 

(b)   On the date of transfer of the controlled substances, all records required to be kept by the registrant-transferor with reference to the controlled substances being transferred, under 21 C.F.R. § 1304, shall be transferred to the registrant-transferee.  Responsibility for the accuracy of the records prior to the date of transfer shall remain with the transferor.  Responsibility for the custody and maintenance of the records after the date of the transfer shall be upon the transferee; and

 

(c)   In the case of registrants required to make reports pursuant to 21 C.F.R. § 1304, a report marked “Final” shall be prepared and submitted by the registrant-transferor showing the disposition of all the controlled substances for which a report is required; no additional report will be required from him or her, if no further transactions involving controlled substances are consummated by him or her. The initial report of the registrant-transferee shall account for transactions beginning with the day next succeeding the date of discontinuance or transfer of business by the transferor-registrant and the substances transferred to him or her shall be reported as recipients in his or her initial report.

 

 

authority

Section 19(a)(3) of the District of Columbia Pharmacist and Pharmacy Regulation Act of 1980, effective September 16, 1980, (D.C. Law 3-98; D.C. Official Code § 47-2885.18.01(a)(3)); the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D. C. Law 4-29; D.C. Official Code § 48-901.01); Mayor’s Order 98-48, dated April 15, 1998, Section 4902 of the Fiscal Year 2002 Budget Support Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 7-731); Section 15 of the District of Columbia Drug Manufacture and Distribution Licensure Act of 1990, effective June 13, 1990 (D.C. Law 8-137; D.C. Official Code § 48-714(a)); and Mayor’s Order 98-88, dated May 29, 1998.

source

Final Rulemaking published at 33 DCR 1046, 1071 (February 21, 1986); as amended by Final Rulemaking published at 56 DCR 4742 (June 19, 2009).