PURPOSE: This establishes guidelines for the termination of business as a drug distributor.

1. (1) A licensed drug distributor who plans to terminate business activities shall file a written notice with the State Board of Pharmacy. The written notice shall be submitted to the State Board of Pharmacy in person or by registered or certified mail within (15) days after the date of termination. This notice shall be made on a form provided by the board or in letter form from the license and shall include the following information:

   1. (A) The name, address, license number and effective date of closure;
   2. (B) The name, address and license number of the entity to which any of the stock/inventory will be transferred; and

   3. (C) The name and address of the location to which records, required to be maintained by law, have been transferred;

      1. 1. Any records that are transferred to an

unlicensed location must be retrievable for board review within seven (7) working days of a request made by an authorized official of the board;

1. 2. Any records that are transferred to a

licensed drug distributor or pharmacy must be maintained in accordance with record requirements as set forth in 4 CSR 220- 5.030.

1. (2) The licensee terminating business may transfer all drugs and records in accordance with the following:

   1. (A) On the date of termination, a complete inventory of all controlled substances being transferred or disposed of shall be completed according to state and federal laws. This inventory shall serve as the final inventory of the drug distributor terminatoring business and as the initial inventory of the licensed entity to which the controlled substances are being transferred. A copy of the inventory shall be included in the records of each licensee involved in the transfer;
   2. (B) A drug distributor terminating business shall not transfer misbranded, outdated or adultered drugs, except for purposes of proper disposal; and
   3. (C) Upon the actual termination of business, the license of the drug distributor shall be returned to the State Board of Pharmacy for cancellation either in person or by registered or certified mail.
2. (3) The requirements of this rule are not intended to replace or be in conflict with any 20 CSR 2220-5

other laws or regulations governing the appropriate licensure, change of ownership or change of location of a drug distributor.

1. (4) The termination date is the date on which the drug distributor licensee ceases to do business as a distributor as defined in section 338.330(1), (2) or (3), RSMo in the state of Missouri.

AUTHORITY: sections 338.333 and 338.350, RSMo 1994.* This rule originally filed as 4 CSR 220-5.025. Original rule filed May 4, 1995, effective Dec. 30, 1995. Moved to 20 CSR 2220-5.025, effective Aug. 28, 2006.

*Original authority: 338,333, RSMo 1989 and 338.350, RSMo 1989, amended 1993.