247 CMR 6.03 - Requirements for Reporting to the Board a Change in the Management Operation and/or Ownership of a Pharmacy or Pharmacy Department

(1) Whenever there is a change in the pharmacist Manager of Record of a pharmacy or pharmacy department, an application for a change in pharmacist Manager of Record shall be obtained from and promptly submitted to the Board. A completed application shall be fully and properly completed and signed, under the penalties of perjury by a duly authorized representative of the pharmacy or pharmacy department and include;

(a) a sworn statement confirming that a complete inventory of controlled substances in Schedules II, III, IV and V signed by the outgoing pharmacist Manager of Record and the incoming pharmacist Manager of Record has been taken and filed with the pharmacy's controlled substance records In the event the outgoing pharmacist Manager of Record is unavailable due to death, serious illness, or termination for inappropriate handling of controlled substances, a staff pharmacist may be authorized to sign the inventory, provided the Board is notified at the time the application is submitted why the staff pharmacist is signing the inventory;

(b) an application for a certificate of fitness, if applicable;

(c) the pharmacy permit and, if applicable, the pharmacy or pharmacy department's certificate of fitness;

(d) required fee(s); and

(e) any additional information as determined by the Board.

(2) Whenever there is to be a transfer of ownership of a pharmacy or pharmacy department or if the pharmacy or pharmacy department is to be owned by a person or entity other than the person or entity who was listed on the initial application for registration to manage and operate a pharmacy or pharmacy department, an application for transfer of ownership shall be obtained from, and submitted to, the Board. A completed application shall:

(a) Meet all the requirements of 247 CMR 6.03(1), if there is a change of pharmacist Manager of Record;

(b) state the full name of the new owner;

(c) have attached thereto an official bill of sale; and

(d) if the new owner is a corporation:

1. have attached thereto a copy of the corporation's Articles of Organization, signed and sealed by the Secretary of State, if the corporation is incorporated in the Commonwealth;

2. have attached thereto a copy of the corporation's Foreign Corporation Certificate, signed and sealed by the Secretary of State pursuant to M.G.L. c. 181, §4, if the corporation in incorporated in another state;

3. indicate of the name and address of each officer and director of the corporation and the position held;

4. indicate the d/b/a name of the corporation; and

5. if the corporation is not publicly owned, indicate the total amount and type of stock issued to each stockholder and the names and addresses of said stockholder(s).

(3) A registered pharmacist who manages and operates a pharmacy or pharmacy department shall, within ten working days of the commencement or termination of employment, report in writing to the Board such commencement or termination of employment.

(4) Upon commencement of the employment of a registered pharmacist, the pharmacist's employer or the pharmacist Manager of Record shall verify with the Board that the pharmacist's personal registration issued by the Board is current.

(5) A corporation or partnership which owns a pharmacy or pharmacy department which is registered by the Board shall notify the Board, within ten working days, in writing, of the following:

(a) Any change in its Articles of Organization;

(b) any change in its Foreign Corporate Certificate;

(c) any change in the d/b/a name of the corporation accompanied by appropriate authorizing documentation;

(d) any change in the names and addresses of its officers and/or directors, and/or in their positions; and

(e) unless the stock of the corporation is publicly traded, any change in the total amount of stock issued or, names and addresses of the stockholders and the kinds and amounts of stock which they respectively own.

(6) Pursuant to the provisions of M.G.L. c. 112, § 36, a surviving spouse, executor or administrator of a registered pharmacist who has died or the spouse of one who has become incapacitated who has been authorized to continue operation of a pharmacy or pharmacy department shall, within five days of any change in employment of a registered pharmacist, whether by dismissal, resignation, lay-off or additional hiring, notify the Board thereof in writing.

Notes

247 CMR 6.03