64B16-28.1081. Regulation of Daily Operating Hours; Commencement of Operations  


Effective on Tuesday, August 23, 2016
  • 1(1) Any person who receives a community pharmacy permit pursuant to Section 13465.018, F.S., 15and commences to operate such an establishment, shall keep the prescription department of the establishment open for a minimum of twenty (20) hours per week.

    40(a) “Commences to Operate” means the compounding, dispensing, storage, or sale of medicinal drugs or the filling or dispensing of prescriptions.

    61(b) 62The Board recognizes that a delay may exist between the time a pharmacy receives a Florida pharmacy permit and commences to operate. Accordingly, u86pon receipt of a Florida pharmacy permit, a community pharmacy may delay commencement of operations in compliance with the following:

    1061. Within fourteen (14) days of receipt of the Florida pharmacy permit, the permittee shall notify the Board office, in writing, of the permittee’s election to delay commencement of operations and the reason(s) therefore;

    1402. The permittee shall display a sign in block letters not less than one inch in height at the main entrance of the establishment stating that the pharmacy is not yet open for business and that medicinal drugs may not be dispensed or sold nor prescriptions filled or dispensed;

    1893. Within two (2) business days of commencement of operations, the permittee shall notify the Board office in writing that the permittee has commenced to operate and the date of commencement.

    220(c) Any pharmacy permittee that does not commence to operate within six (6) months of the date of receipt of the Florida pharmacy permit shall provide a written statement to the Board office, which shall include the reason(s) the pharmacy has not yet commenced operations, the efforts the pharmacy has made to commence to operate, and the date the pharmacy expects to commence to operate.

    285(2) At the time a pharmacy commences to operate, a 295sign in block letters not less than one inch in height stating the hours the prescription department is open each day shall be displayed either at the main entrance of the establishment or at or near the place where prescriptions are dispensed in a prominent place that is in clear and unobstructed view. 348Any pharmacy that is not open 40 hours a week, must post the days and hours that the pharmacy is open and the information for after-hours access and shall also have a written policy and procedure for 385transferring a prescription pursuant to Section 391465.026, F.S., 393or receiving an emergency 397dose pursuant to Section 401465.0275, F.S.

    403Rulemaking Authority 405465.005, 406465.022(1) FS. 408Law Implemented 410465.022(1)(b) FS. 412History–New 4-10-05, Amended 2-1-12, 8-23-16.

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