64B16-27.1042. Rebates Prohibited; Violations Defined

As provided in Section 465.185(1), F.S., acts which will be considered as falling within the range of activities which would justify discipline against a pharmacist or permittee as provided in Section 465.016(1)(e) or Section 465.023(1)(c), F.S., shall include:

(1) Offering or providing cash, or goods, or entertainment (including, money, food or decorations) to a health care facility (as defined in Section 408.032(7), F.S.) or its representative in exchange for favorable consideration in obtaining or maintaining the business of the facility;

(2) Offering or providing supplies or equipment to a health care facility (as defined in Section 408.032(7), F.S.) at no charge or below market value when these items are not integral elements of the medication distribution system;

(3) Paying rent to a health care facility (as defined in Section 408.032(7), F.S.) for space that is not used or is unusable or paying a rental rate for space that is significantly greater than the usual and customary rental rate for similar space;

(4) Offering or providing computers, FAX machines, or other electronic devices to a health care facility (as defined in Section 408.032(7), F.S.) when that equipment is not an integral element in providing pharmacy or consultant services;

(5) Offering or providing a health care facility (as defined in Section 408.032(7), F.S.) consultant pharmacist services, or providing patient medical record systems, or any personnel services outside the practice of pharmacy, at no charge, below market value, or below cost in exchange for obtaining or maintaining the business of the facility.

Specific Authority 465.005, 465.0155 FS. Law Implemented 465.185, 465.0155 FS. History–New 3-9-94, Formerly 61F10-27.1042, 59X-27.1042.