64B16-28.120. All Permits - Storage of Legend Drugs; Prepackaging  


Effective on Monday, December 18, 2023
  • 1(1) 2All medicinal drugs or drug preparations as defined by Section 12465.003(8), F.S., 14shall be stored:

    17(a) 18Within the confines of the prescription department of a community pharmacy permittee as defined in Section 34465.018, F.S.

    36(b) In a Class II Institutional pharmacy as defined by Section 47465.019(2)(b), F.S., 49within the confines of the pharmacy provided, however, that those medicinal drugs established by the consultant pharmacist as supportive to treatment procedures such as medical drugs, surgical, obstetrical, diagnostic, etc., may be permitted to be stored in those areas where such treatment is conducted consistent with proper control procedures as provided by the policy and procedure manual of the pharmacy.

    109(2) All medicinal drugs or drug preparations as defined in Section 120465.003(8), F.S., 122within Class I Institutional permittees as defined in Section 131465.019(2)(a), F.S., 133and Special ALF Permit Rule 13864B16-28.870, 139F.A.C., shall:

    141(a) Be administered from individual prescription containers to the individual patient; and,

    153(b) Be prohibited within the confines of Class I Institutional pharmacies unless obtained upon a proper prescription and properly labeled in accordance with Chapter 499, F.S., and the rules and regulations contained in Chapter 59A-4, F.A.C., incorporated herein by reference and effective August 25, 2023, which may be obtained from 203http://www.flrules.org/Gateway/reference.asp?No=Ref-16160 205or https://www.flrules.org/gateway/ChapterHome.asp?Chapter=59A-4, pertaining to the licensure of nursing homes and related facilities.

    218(3) Prepackaging of medication, whether a part of a unit dose system or a part of a multiple dose drug distribution system in an extended care facility or hospital holding a valid Class II Institutional pharmacy permit, must be done in accordance with procedures set up by the consultant pharmacist of record in the policy and procedure manual; and in the case of a pharmacy holding a valid community pharmacy permit must be done in accordance with procedures set up by the prescription department manager.

    303(4) Medicinal drugs and proprietary preparations as identified above that are stored in treatment areas must be accessible only to licensed staff (pharmacists, nurses, physicians, advanced registered nurse practitioners, physician assistants, respiratory and physical therapist, radiology technicians and registered pharmacy technicians, etc.) in accordance with their license, practice act, or to other personnel specifically authorized by the institution.

    361Rulemaking Authority 363465.005, 364465.022 FS. 366Law Implemented 435.019(2), 369465.003(7), 370465.022 FS. 372History–New 9-18-84, Formerly 21S-1.44, 21S-1.044, Amended 7-31-91, Formerly 21S-28.120, 61F10-28.120, 59X-28.120, Amended 2-8-07, 8-16-10, 12-18-23.