of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on February 17, 2023, by Aspire Home Care Services, LLC. The Notice of Petition for Waiver or Variance was published in Volume 49, ....

 

DEPARTMENT OF HEALTH

Board of Pharmacy

RULE NO.:RULE TITLE:

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

The Board of Pharmacy hereby gives notice:

of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on February 17, 2023, by Aspire Home Care Services, LLC. The Notice of Petition for Waiver or Variance was published in Volume 49, Number 34, of the February 20, 2023, Florida Administrative Register. The Petitioner was seeking a waiver of the requirement of Rule 64B16-28.1081, Florida Administrative Code, entitled, “Regulation of Daily Operating Hours; Commencement of Operations” which states that any person who receives a community pharmacy permit pursuant to Section 465.018, F.S., and commences to operate such an establishment, shall keep the prescription department of the establishment open for a minimum of twenty (20) hours per week.

The Board considered the instant Petition at a duly-noticed public meeting held August 25, 2023, in Jacksonville, Florida. The Board’s Order, filed on September 29, 2023, granted the petition with conditions, as listed in the order, finding that Petitioner established that the purpose of the underlying statute would be met by granting, with conditions, a variance or waiver from Rule 64B16-28.1081, Florida Administrative Code. The Board further finds that Petitioner established that applying the requirements of the aforementioned rule to Petitioner’s circumstances would violate principles of fairness and impose substantial hardship.

A copy of the Order or additional information may be obtained by contacting:

Allison Dudley, Executive Director, Board of Pharmacy, 4052 Bald Cypress Way, Bin #C08, Tallahassee, Florida 32399-3258 or at [e-mail].