# COMAR Title 10 — Maryland Department of Health

## Subtitle 19 — Dangerous Devices and Substances

### Chapter 03 — Controlled Dangerous Substances

#### Regulation .17 Transfer of Controlled Substances.

*COMAR 10.19.03.17*

A. When closing business activities, a registrant shall:

  (1) Dispose of all controlled dangerous substances in accordance with Regulation .16 of this chapter; and

  (2) Return the controlled substances registration certificate to the Office of Controlled Substances Administration inspector at the time of the closing inspection.

B. Change of Ownership.

  (1) A Change of Ownership requires the registrant to notify the Department in writing, Attention to the Office of Controlled Substances Administration.

  (2) The written notification shall be submitted:

    (a) In person;

    (b) By registered mail; or

    (c) By certified mail with a return receipt request.

  (3) The written notification must be received 14 days before the transfer occurs.

  (4) The Secretary has the authority to waive the 14-day time limitation in individual instances.

  (5) The written notification shall contain the following information:

    (a) The name;

    (b) The address;

    (c) The registration number; and

    (d) The authorized business activity of the:

      (i) Registrant-transferor discontinuing the business; and

      (ii) Registrant-transferee acquiring the business;

    (e) Whether the business activities will be:

      (i) Continued at the location registered by the person discontinuing business; or

      (ii) Moved to another location and, if so, the address of the new location; and

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

  (6) Except for transfer denials by the Secretary, the registrant-transferor may distribute, without being registered to distribute, controlled substances in the registrant-transferor’s possession to the registrant-transferee in accordance with the following procedures, on the date of transfer of the controlled substances:

    (a) A complete inventory of all controlled substances being transferred shall be taken and serve as the final inventory of the registrant-transferor and the initial inventory of the registrant-transferee;

    (b) A copy of the inventory shall be included in the records of both the transferor and transferee;

    (c) A copy of the inventory shall be filed with the Department if requested by the Secretary;

    (d) Transfers of Schedule I or II controlled substances shall require the use of order forms in accordance with 21 CFR §1305;

    (e) All transferor-controlled substance records shall be transferred to the transferee; and

    (f) Pursuant to 21 CFR §1304, transferors are required to make reports, which shall be marked as “Final”.