Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B16 - Board of Pharmacy › Chapter 64B16-30 - DISCIPLINARY GUIDELINES › Section 64B16-30.003 - Citations

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to section
				 456.077, F.S., the Board sets
				forth in subsection (3) of this rule, those violations for which there is no
				substantial threat to the public health, safety and welfare. Next to each
				violation is the fine to be imposed.
(2) The following violations with
				accompanying fines may be disposed of by citation:
(a) Practicing pharmacy as an inactive
							 licensee.
(Section
							  465.015(2)(b),
							 F.S.)
Fine based on length of time in practice while
							 inactive; $200/month or $5, 000 maximum (penalty will require licensee to renew
							 license or cease practice).
(b) Operating a pharmacy with an inactive
							 permit.
(Section
							  465.015(1)(a),
							 F.S.)
$500 per month to a maximum of $5000 (penalty will
							 require permittee to renew permit or cease practice).
(c) First time failure to complete the required
							 continuing education during the biennial licensure period.
(Section
							  456.072(3)(a),
							 F.S.
Failure to complete less than 10 hours
$500
Failure to complete 10 or more hours
$1, 000
In addition, licensees shall take two additional hours of
				  continuing education for each of the continuing education deficiencies. Said
				  hours shall not count for continuing education renewal requirements for the
				  next biennium.
(d) Failure to timely pay a fine or costs imposed by
							 a final order.
$500 per month late to a maximum of $5, 000 (penalty
							 will require permittee or licensee to also pay the original fine and/or
							 costs).
(e) Failure to display any sign, license or permit
							 required by statute or rule.
$500
(f) Failure to have any reference material required
							 by statute or rule available.
$500
(g) Failure to notify the board of a change in a
							 prescription department manager or consultant pharmacist.
(Rule
							  64B16-27.450 or
							  64B16-28.501, F.A.C.)
Fine based on the length of time prior to notifying
							 board. $200 a month to $5, 000 maximum.
(h) Using in the compounding of a prescription, or
							 furnishing upon prescription, an ingredient or article different in any manner
							 from the ingredient or article prescribed, except as authorized in section
							  465.019(6)  or
							  465.025, F.S.; or dispensing a
							 medication with dosage instructions different in any way than prescribed,
							 provided that the medication was not used or ingested.
(Section
							  465.016(1)(g),
							 F.S.)
$250 fine, Completion of an approved CE course in the
							 prevention of medication errors of no less than 8 hours.
(i) Tendering a check payable to the Board of
							 Pharmacy or to the Department of Health that is dishonored by the Institution
							 upon which it is drawn.
$100 fine plus payment of the check within 30
							 days.
(j) Failing to comply with the Educational course
							 requirements for Human immunodeficiency virus and Aquired immune deficiency
							 syndrome (HIV/AIDS), or medical errors.
(Section
							  465.033(1),
							 F.S.)
$500
(k) Failure to correct Minor violation as listed in
							 rule  64B16-30.002, F.A.C.
$250
(l) First time failure to report controlled substance
							 dispensing information to the Prescription Drug Monitoring Program Controlled
							 Substance Dispensing Information Electronic System.
(Section
							  893.055(3)(a),
							 F.S.)
$100
(m) First time (initial) failure to consult the
							 Prescription Drug Monitoring Program Controlled Substance Dispensing
							 Information Electronic System prior to dispensing a controlled
							 substance.
(Section
							  893.055(8),
							 F.S.)
$100
(n) Failure to request photo of other verification of
							 identity prior to dispensing a controlled substance to a person not
							 known.
(Section
							  465.0155(2),
							 F.S.)
$100
(o) Failure to inform customers of less expensive
							 drug when cost sharing obligation to customer exceeds retail price.
(Section
							  465.0244(2),
							 F.S.)
$100
(p) Failure to comply with pharmacist to registered
							 pharmacist technician ratio for activities not involving sterile compounding;
							 no injury to patient/customer.
(Rule
							  64B16-27.410(5) or
							 (6), F.A.C.)
$250
(q) Failure to remove from active stock and properly
							 quarantine outdated prescription drugs.
(Section
							  499.006(9) 
							 through  499.005(2),
							 F.S.)
(Section 499.0121(5)(a)2., F.S.)
(Rule
							  64B16-28.110, F.A.C.)
$250
(3)
				Once the citation becomes a final order, the citation and complaint become a
				public record pursuant to chapter 119, F.S., unless otherwise exempt from the
				provisions thereof. The citation and complaint may be considered as aggravating
				circumstances in future disciplinary actions pursuant to paragraph
				 64B16-30.001(3)(a),
				F.A.C.
(4) The procedures described
				herein apply only for an initial offense of the alleged violation. Subsequent
				violation(s) of the same rule or statute shall require the procedures of
				section  456.073, F.S., to be applied. In
				addition, should an initial offense for which a citation could be issued occur
				in conjunction with violations not described herein, then the procedures of
				section  456.073, F.S., shall
				apply.
Rulemaking Authority
					 456.073,
					 456.077,
					 465.005 FS. Law Implemented
					 456.077
					 FS.
New 12-22-91, Formerly 21S-30.003, 61F10-30.003,
					 59X-30.003, Amended 4-3-00, 1-2-02, 8-26-02, 1-12-03, 2-1-12, 9-27-18, 1-16-19,
					 4-4-19.