Ohio Administrative Code|Rule 4729:5-2-03 | Change in description of a terminal distributor of dangerous drugs.

                                                

(A) Any change in the ownership, business
or trade name, category, or address of a terminal distributor of dangerous
drugs requires a new application, required fee, and license. The new
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) A change of
controlling interest of ten per cent or more of a licensed corporation's
outstanding shares of voting stock.

(2) Any business entity
change from its original form, as licensed, to a sole proprietorship,
partnership, limited liability company, corporation or any other business
entity.

(3) An existing
corporation ceases and a new corporation or other business entity is
formed.

(4) An existing
corporation continues and there is a one hundred per cent stock purchase by
another corporation or other business entity.

(5) Two wholly-owned
subsidiaries of a parent company are merged.

(6) A currently licensed
terminal 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.

(7) 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
or removal 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) For partnerships, a transfer of a portion of ownership among
existing partners is not a change of ownership, if there is no addition or
removal of a partner.

(8) Any other business
model change as determined by the board to be a change of
ownership.

(C) For publicly traded corporations, a
routine sale of stock is not a change of ownership.

A publicly traded corporation is a corporation
owned by stockholders who are members of the general public and who trade
shares publicly, often through a listing on a stock exchange.

(D) 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), a new application fee
is required.

(E) A change of ownership may require the
board to issue a new license number.

(F) A change of ownership, as described
in paragraph (B) of this rule, of a licensee's parent or holding company
shall not require a new application, required fee, and license.

(G) A change of credential class shall
require notification to the board in a manner determined by the board. A change
of credential class shall not require an application or full application fee
but the board may charge a nominal processing fee.

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