reglab/housing_qa huggingface dataset:
FL Stat § 465.0181 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 465 - Pharmacy|465.0181 - Community Pharmacy Permit Required to Dispense Schedule Ii or Schedule Iii Controlled Substances.

465.0181 Community pharmacy permit required to dispense Schedule II or Schedule III controlled substances.—In order to dispense controlled substances listed in Schedule II or Schedule III, as provided in s. 893.03, on or after July 1, 2012, a community pharmacy permittee must be permitted pursuant to this chapter, as amended by this act, and any rules adopted thereunder.History.—s. 13, ch. 2011-141.
FL Stat § 465.0193 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 465 - Pharmacy|465.0193 - Nuclear Pharmacy Permits.

465.0193 Nuclear pharmacy permits.—Any person desiring a permit to operate a nuclear pharmacy shall apply to the department. If the board certifies that the application complies with applicable law, the department shall issue the permit. No permit shall be issued unless a duly licensed and qualified nuclear pharmacist is designated as being responsible for activities described in s. 465.0126. The permittee shall notify the department within 10 days of any change of the licensed pharmacist responsible for the compounding and dispensing of nuclear pharmaceuticals.History.—ss. 33, 118, ch. 83-329; ss. 15, 26, 27, ch. 86-256; s. 4, ch. 88-172; s. 59, ch. 91-137; s. 6, ch. 91-156; s. 4, ch. 91-429.
FL Stat § 465.0196 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 465 - Pharmacy|465.0196 - Special Pharmacy Permits.

465.0196 Special pharmacy permits.—Any person desiring a permit to operate a special pharmacy shall apply to the department for a special pharmacy permit. If the board certifies that the application complies with the applicable laws and rules of the board governing the practice of the profession of pharmacy, the department shall issue the permit. A permit may not be issued unless a licensed pharmacist is designated to undertake the professional supervision of the compounding and dispensing of all drugs dispensed by the pharmacy. The licensed pharmacist shall be responsible for maintaining all drug records and for providing for the security of the area in the facility in which the compounding, storing, and dispensing of medicinal drugs occurs. The permittee shall notify the department within 10 days after any change of the licensed pharmacist responsible for such duties. Each permittee that employs or otherwise uses registered pharmacy technicians shall have a written policy and procedures manual specifying those duties, tasks, and functions that a registered pharmacy technician is allowed to perform.History.—ss. 34, 118, ch. 83-329; ss. 26, 27, ch. 86-256; s. 59, ch. 91-137; s. 6, ch. 91-156; s. 4, ch. 91-429; s. 92, ch. 97-264; s. 122, ch. 99-397; s. 80, ch. 2001-277; s. 5, ch. 2004-387; s. 7, ch. 2008-216.
FL Stat § 465.024 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 465 - Pharmacy|465.024 - Promoting Sale of Certain Drugs Prohibited.

465.024 Promoting sale of certain drugs prohibited.—(1) It is declared that the unrestricted use of certain controlled substances, causing abnormal reactions that may interfere with the user’s physical reflexes and judgments, may create hazardous circumstances which may cause accidents to the user and to others, thereby affecting the public health, safety, and welfare. It is further declared to be in the public interest to limit the means of promoting the sale and use of these drugs. All provisions of this section shall be liberally construed to carry out these objectives and purposes.(2) No pharmacist, owner, or employee of a retail drug establishment shall use any communication media to promote or advertise the use or sale of any controlled substance appearing in any schedule in chapter 893.(3) This section shall not prohibit the advertising of any medicinal drugs, other than those controlled substances specified in chapter 893, or any patent or proprietary preparation, provided the advertising is not false, misleading, or deceptive.History.—ss. 1, 7, ch. 79-226; ss. 2, 3, ch. 81-318; ss. 26, 27, ch. 86-256; s. 59, ch. 91-137; s. 6, ch. 91-156; s. 4, ch. 91-429.
FL Stat § 465.0244 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 465 - Pharmacy|465.0244 - Information Disclosure.

465.0244 Information disclosure.—(1) Every pharmacy shall make available on its website a hyperlink to the health information that is disseminated by the Agency for Health Care Administration pursuant to s. 408.05(3) and shall place in the area where customers receive filled prescriptions notice that such information is available electronically and the address of its Internet website.(2) In addition to the requirements of s. 465.025, a pharmacist or her or his authorized employee must inform customers of a less expensive, generically equivalent drug product for her or his prescription and whether the cost-sharing obligation to the customer exceeds the retail price of the prescription in the absence of prescription drug coverage.History.—s. 39, ch. 2004-297; s. 14, ch. 2006-261; s. 16, ch. 2016-234; s. 1, ch. 2018-91.
FL Stat § 465.0251 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 465 - Pharmacy|465.0251 - Generic Drugs; Removal From Formulary Under Specified Circumstances.

465.0251 Generic drugs; removal from formulary under specified circumstances.—(1) The Board of Pharmacy and the Board of Medicine shall remove any generic named drug product from the formulary established by s. 465.025(6), if every commercially marketed equivalent of that drug product is “A” rated as therapeutically equivalent to a reference listed drug or is a reference listed drug as referred to in “Approved Drug Products with Therapeutic Equivalence Evaluations” (Orange Book) published by the United States Food and Drug Administration.(2) Nothing in this act shall alter or amend s. 465.025 as to existing law providing for the authority of physicians to prohibit generic drug substitution by writing “medically necessary” on the prescription.History.—ss. 1, 2, ch. 2001-146.
FL Stat § 465.0252 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 465 - Pharmacy|465.0252 - Substitution of Interchangeable Biosimilar Products.

465.0252 Substitution of interchangeable biosimilar products.—(1) As used in this section, the terms “biological product,” “biosimilar,” and “interchangeable” have the same meanings as defined in s. 351 of the federal Public Health Service Act, 42 U.S.C. s. 262.(2) A pharmacist may only dispense a substitute biological product for the prescribed biological product if:(a) The United States Food and Drug Administration has determined that the substitute biological product is biosimilar to and interchangeable for the prescribed biological product.(b) The prescribing health care provider does not express a preference against substitution in writing, verbally, or electronically.(c) The pharmacist notifies the person presenting the prescription of the substitution in the same manner as provided in s. 465.025(3)(a).(d) The pharmacist retains a written or electronic record of the substitution for at least 2 years.(3) A pharmacist who practices in a Class II, Modified Class II, or Class III institutional pharmacy shall comply with the notification provisions of paragraph (2)(c) by entering the substitution in the institution’s written medical record system or electronic medical record system.(4) The board shall maintain on its public website a current list of biological products that the United States Food and Drug Administration has determined are biosimilar and interchangeable as provided in paragraph (2)(a).History.—s. 2, ch. 2013-102; s. 4, ch. 2018-95.
FL Stat § 465.0255 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 465 - Pharmacy|465.0255 - Expiration Date of Medicinal Drugs; Display; Related Use and Storage Instructions.

465.0255 Expiration date of medicinal drugs; display; related use and storage instructions.—(1) The manufacturer, repackager, or other distributor of any medicinal drug shall display the expiration date of each drug in a readable fashion on the container and on its packaging. The term “readable” means conspicuous and bold.(2) Each pharmacist for a community pharmacy dispensing medicinal drugs and each practitioner dispensing medicinal drugs on an outpatient basis shall display on the outside of the container of each medicinal drug dispensed, or in other written form delivered to the purchaser:(a) The expiration date when provided by the manufacturer, repackager, or other distributor of the drug; or(b) An earlier beyond-use date for expiration, which may be up to 1 year after the date of dispensing.The dispensing pharmacist or practitioner must provide information concerning the expiration date to the purchaser upon request and must provide appropriate instructions regarding the proper use and storage of the drug.(3) This section does not impose liability on the dispensing pharmacist or practitioner for damages related to, or caused by, a medicinal drug that loses its effectiveness prior to the expiration date displayed by the dispensing pharmacist or practitioner.(4) The provisions of this section are intended to notify the patient receiving a medicinal drug of the information required by this section, and the dispensing pharmacist or practitioner shall not be liable for the patient’s failure to heed such notice or to follow the instructions for storage.History.—ss. 1, 2, ch. 93-44; s. 8, ch. 2004-387.
FL Stat § 465.0265 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 465 - Pharmacy|465.0265 - Centralized Prescription Filling.

465.0265 Centralized prescription filling.—(1) A pharmacy licensed under this chapter may perform centralized prescription filling for another pharmacy, provided that the pharmacies have the same owner or have a written contract specifying the services to be provided by each pharmacy, the responsibilities of each pharmacy, and the manner in which the pharmacies will comply with federal and state laws, rules, and regulations.(2) Each pharmacy performing or contracting for the performance of centralized prescription filling pursuant to this section must maintain a policy and procedures manual, which shall be made available to the board or its agent upon request. The policy and procedures manual shall include the following information:(a) A description of how each pharmacy will comply with federal and state laws, rules, and regulations.(b) The procedure for maintaining appropriate records to identify the pharmacist responsible for dispensing the prescription and counseling the patient.(c) The procedure for tracking the prescription during each stage of the filling and dispensing process.(d) The procedure for identifying on the prescription label all pharmacies involved in filling and dispensing the prescription.(e) The policy and procedure for providing adequate security to protect the confidentiality and integrity of patient information.(f) The procedure to be used by the pharmacy in implementing and operating a quality assurance program designed to objectively and systematically monitor, evaluate, and improve the quality and appropriateness of patient care.(3) The filling, delivery, and return of a prescription by one pharmacy for another pursuant to this section shall not be construed as the filling of a transferred prescription as described in s. 465.026 or as a wholesale distribution as defined in s. 499.003.(4) The board shall adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to implement this section.History.—s. 2, ch. 2002-182; s. 40, ch. 2008-207; s. 38, ch. 2010-161; s. 34, ch. 2014-89.
FL Stat § 465.0266 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 465 - Pharmacy|465.0266 - Common Database.

465.0266 Common database.—Nothing contained in this chapter shall be construed to prohibit the dispensing by a pharmacist licensed in this state or another state of a prescription contained in a common database, and such dispensing shall not constitute a transfer as defined in s. 465.026(1)-(6), provided that the following conditions are met:(1) All pharmacies involved in the transactions pursuant to which the prescription is dispensed are under common ownership and utilize a common database.(2) All pharmacies involved in the transactions pursuant to which the prescription is dispensed and all pharmacists engaging in dispensing functions are properly licensed, permitted, or registered in this state or another state.(3) The common database maintains a record of all pharmacists involved in the process of dispensing a prescription.(4) The owner of the common database maintains a policy and procedures manual that governs its participating pharmacies, pharmacists, and pharmacy employees and that is available to the board or its agent upon request. The policy and procedures manual shall include the following information:(a) A best practices model detailing how each pharmacy and each pharmacist accessing the common database will comply with applicable federal and state laws, rules, and regulations.(b) The procedure for maintaining appropriate records for regulatory oversight for tracking a prescription during each stage of the filling and dispensing process, identifying the pharmacists involved in filling and dispensing the prescription and counseling the patient, and responding to any requests for information made by the board under s. 465.0156.(c) The policy and procedure for providing adequate security to protect the confidentiality and integrity of patient information.(d) A quality assurance program designed to objectively and systematically monitor, evaluate, and improve the quality and appropriateness of patient care through the use of the common database.Any pharmacist dispensing a prescription has at all times the right and obligation to exercise his or her independent professional judgment. Notwithstanding other provisions in this section, no pharmacist licensed in this state participating in the dispensing of a prescription pursuant to this section shall be responsible for the acts and omissions of another person participating in the dispensing process provided such person is not under the direct supervision and control of the pharmacist licensed in this state.History.—s. 2, ch. 2006-243.
FL Stat § 465.027 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 465 - Pharmacy|465.027 - Exceptions.

465.027 Exceptions.—(1) This chapter shall not be construed to prohibit the sale of home remedies or preparations commonly known as patents or proprietary preparations when sold only in original or unbroken packages, nor shall this chapter be construed to prevent businesses from engaging in the sale of sundries or patents or proprietary preparations.(2) This chapter does not apply to a manufacturer, or its agent, holding an active manufacturer or third-party logistics provider permit under chapter 499, to the extent the manufacturer, or its agent, is engaged in the manufacture or distribution of dialysate, drugs, or devices necessary to perform home renal dialysis on patients with chronic kidney failure, if the dialysate, drugs, or devices are:(a) Approved or cleared by the United States Food and Drug Administration; and(b) Delivered in the original, sealed packaging after receipt of a physician’s order to dispense to:1. A patient with chronic kidney failure, or the patient’s designee, for the patient’s self-administration of the dialysis therapy; or2. A health care practitioner or an institution for administration or delivery of the dialysis therapy to a patient with chronic kidney failure.History.—ss. 1, 7, ch. 79-226; ss. 2, 3, ch. 81-318; ss. 18, 26, 27, ch. 86-256; s. 59, ch. 91-137; s. 6, ch. 91-156; s. 4, ch. 91-429; s. 23, ch. 2016-230; s. 1, ch. 2018-50.
FL Stat § 465.0275 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 465 - Pharmacy|465.0275 - Emergency Prescription Refill.

465.0275 Emergency prescription refill.—(1) In the event a pharmacist receives a request for a prescription refill and the pharmacist is unable to readily obtain refill authorization from the prescriber, the pharmacist may dispense:(a) A one-time emergency refill of up to a 72-hour supply of the prescribed medication; or(b) A one-time emergency refill of one vial of insulin to treat diabetes mellitus.(2) If the Governor issues an emergency order or proclamation of a state of emergency, the pharmacist may dispense up to a 30-day supply in the areas or counties affected by the order or proclamation, provided that:(a) The prescription is not for a medicinal drug listed in Schedule II appearing in chapter 893.(b) The medication is essential to the maintenance of life or to the continuation of therapy in a chronic condition.(c) In the pharmacist’s professional judgment, the interruption of therapy might reasonably produce undesirable health consequences or may cause physical or mental discomfort.(d) The dispensing pharmacist creates a written order containing all of the prescription information required by this chapter and chapters 499 and 893 and signs that order.(e) The dispensing pharmacist notifies the prescriber of the emergency dispensing within a reasonable time after such dispensing.History.—ss. 19, 27, ch. 86-256; s. 3, ch. 89-77; s. 59, ch. 91-137; s. 6, ch. 91-156; s. 4, ch. 91-429; s. 30, ch. 93-211; s. 24, ch. 2016-230.
FL Stat § 465.035 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 465 - Pharmacy|465.035 - Dispensing of Medicinal Drugs Pursuant to Facsimile of Prescription.

465.035 Dispensing of medicinal drugs pursuant to facsimile of prescription.—(1) Notwithstanding any other provision of this chapter, it is lawful for a pharmacy to dispense medicinal drugs, including controlled substances authorized under subsection (2), based on reception of an electronic facsimile of the original prescription if all of the following conditions are met:(a) In the course of the transaction the pharmacy complies with laws and administrative rules relating to pharmacies and pharmacists.(b) Except in the case of the transmission of a prescription by a person authorized by law to prescribe medicinal drugs:1. The facsimile system making the transmission provides the pharmacy receiving the transmission with audio communication via telephonic, electronic, or similar means with the person presenting the prescription.2. At the time of the delivery of the medicinal drugs, the pharmacy has in its possession the original prescription for the medicinal drug involved.3. The recipient of the prescription shall sign a log and shall indicate the name and address of both the recipient and the patient for whom the medicinal drug was prescribed.(2) Controlled substances listed in Schedule II as defined in s. 893.03(2) may be dispensed as provided in this section to the extent allowed by 21 C.F.R. s. 1306.11.History.—s. 5, ch. 90-341; s. 59, ch. 91-137; s. 6, ch. 91-156; s. 8, ch. 91-201; s. 4, ch. 91-429; s. 94, ch. 97-264; s. 5, ch. 99-186.
FL Stat § 465.185 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 465 - Pharmacy|465.185 - Rebates Prohibited; Penalties.

465.185 Rebates prohibited; penalties.—(1) It is unlawful for any person to pay or receive any commission, bonus, kickback, or rebate or engage in any split-fee arrangement in any form whatsoever with any physician, surgeon, organization, agency, or person, either directly or indirectly, for patients referred to a pharmacy registered under this chapter.(2) The department shall adopt rules which assess administrative penalties for acts prohibited by subsection (1). In the case of an entity licensed by the department, such penalties may include any disciplinary action available to the department under the appropriate licensing laws. In the case of an entity not licensed by the department, such penalties may include:(a) A fine not to exceed $1,000.(b) If applicable, a recommendation by the department to the appropriate regulatory agency that disciplinary action be taken.History.—s. 2, ch. 79-106; s. 326, ch. 81-259; s. 2, ch. 81-318; ss. 26, 27, ch. 86-256; s. 59, ch. 91-137; s. 6, ch. 91-156; s. 4, ch. 91-429; s. 125, ch. 92-149.
FL Stat § 465.187 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 465 - Pharmacy|465.187 - Sale of Medicinal Drugs.

465.187 Sale of medicinal drugs.—The sale of medicinal drugs dispensed upon the order of a practitioner pursuant to this chapter shall be entitled to the exemption from sales tax provided for in s. 212.08.History.—ss. 21, 27, ch. 86-256; s. 59, ch. 91-137; s. 6, ch. 91-156; s. 4, ch. 91-429.
FL Stat § 465.1885 (2021)
2021 Florida Statutes|Title XXXII - Regulation of Professions and Occupations|Chapter 465 - Pharmacy|465.1885 - Pharmacy Audits; Rights.

465.1885 Pharmacy audits; rights.—(1) If an audit of the records of a pharmacy licensed under this chapter is conducted directly or indirectly by a managed care company, an insurance company, a third-party payor, a pharmacy benefit manager, or an entity that represents responsible parties such as companies or groups, referred to as an “entity” in this section, the pharmacy has the following rights:(a) To be notified at least 7 calendar days before the initial onsite audit for each audit cycle.(b) To have the onsite audit scheduled after the first 3 calendar days of a month unless the pharmacist consents otherwise.(c) To have the audit period limited to 24 months after the date a claim is submitted to or adjudicated by the entity.(d) To have an audit that requires clinical or professional judgment conducted by or in consultation with a pharmacist.(e) To use the written and verifiable records of a hospital, physician, or other authorized practitioner, which are transmitted by any means of communication, to validate the pharmacy records in accordance with state and federal law.(f) To be reimbursed for a claim that was retroactively denied for a clerical error, typographical error, scrivener’s error, or computer error if the prescription was properly and correctly dispensed, unless a pattern of such errors exists, fraudulent billing is alleged, or the error results in actual financial loss to the entity.(g) To receive the preliminary audit report within 120 days after the conclusion of the audit.(h) To produce documentation to address a discrepancy or audit finding within 10 business days after the preliminary audit report is delivered to the pharmacy.(i) To receive the final audit report within 6 months after receiving the preliminary audit report.(j) To have recoupment or penalties based on actual overpayments and not according to the accounting practice of extrapolation.(2) The rights contained in this section do not apply to:(a) Audits in which suspected fraudulent activity or other intentional or willful misrepresentation is evidenced by a physical review, review of claims data or statements, or other investigative methods;(b) Audits of claims paid for by federally funded programs; or(c) Concurrent reviews or desk audits that occur within 3 business days of transmission of a claim and where no chargeback or recoupment is demanded.(3) An entity that audits a pharmacy located within a Health Care Fraud Prevention and Enforcement Action Team (HEAT) Task Force area designated by the United States Department of Health and Human Services and the United States Department of Justice may dispense with the notice requirements of paragraph (1)(a) if such pharmacy has been a member of a credentialed provider network for less than 12 months.History.—s. 1, ch. 2014-85.