64B16-27.104. Conduct Governing Pharmacists and Pharmacy Permittees

(1) A pharmacist or pharmacy shall be permitted to advertise medicinal drugs other than those controlled substances specified in Chapter 893, F.S., and patent and proprietary preparations so long as such advertising is not false, misleading or deceptive.

(2) No pharmacist, employer or employee of a pharmacy shall maintain a location, other than a pharmacy for which a permit has been issued by the Florida Board of Pharmacy, from which to solicit, accept or dispense prescriptions.

(3) No pharmacist or pharmacy, or employee or agent thereof, shall enter into or engage in any agreement or arrangement with any physician or other practitioner or nursing home or extended care facility for the payment or acceptance of compensation in any form or type for the recommending of the professional services of either; or enter into a rebate or percentage rental agreement of any kind, whereby in any way a patient’s free choice of a pharmacist or pharmacy is or may be limited.

(4) No pharmacist, employer or employee of a pharmacy may knowingly place in stock of any pharmacy any part of any prescription compounded for, or dispensed to, any customer of any pharmacy and returned by said customer, unless otherwise permitted by Rule 64B16-28.118, F.A.C.

(5) Pursuant to Section 465.018, F.S., a permit for a community pharmacy may not be issued unless a licensed pharmacist is designated as the prescription department manager responsible for maintaining all drug records, providing for the security of the prescription department and following such other rules as relate to the practice of the profession of pharmacy. The Board shall not register a prescription department manager as the manager of more than one pharmacy. The Board shall grant an exception to this requirement upon application by the permittee and the prescription department manager showing circumstances such as proximity of permits and limited pharmacist workload that would allow the manager to carry out all duties and responsibilities required of a prescription department manager.

Specific Authority 465.005, 465.0155, 465.018, 465.022 FS. Law Implemented 465.018, 465.022, 465.024 FS. History–New 10-20-81, Formerly 21S-1.20, 21S-1.020, Amended 7-30-91, Formerly 21S-27.104, 61F10-27.104, 59X-27.104, Amended 11-18-07.