RULE NO.:RULE TITLE:
64B16-30.001Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 44 No. 145, July 26, 2018 issue of the Florida Administrative Register.
The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and discussion and subsequent vote by the board at the public meeting held October 3, 2018. The rule shall now read as follows:
64B16-30.001 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.
(1) No change.
(2) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon licensees and permittees for violation of the below mentioned statutes and rules. For the purposes of this rule, the descriptions of the violations are abbreviated and the full statute or rule cited should be consulted to determine the prohibited conduct.
VIOLATION
PENALTY RANGE
FIRST VIOLATION
SECOND AND SUBSEQUENT VIOLATIONS
(a) Obtaining a license or permit by misrepresentation, fraud, or error. (Section 465.016(1)(a), F.S.); (Section 465.023(1)(a), F.S.)
1. No change.
2. By fraudulent misrepresentation on original application or renewal.
$10,000 fine for each count and Revocation.
$10,000 fine for each count and Revocation.
3. No change.
(b) Procuring or attempting to procure a license or permit for another person by false representation.
(Section 465.016(1)(b), F.S.);
(Section 465.023(1)(b), F.S.)
$10,000 5,000 fine for each count and Revocation.
$10,000 fine for each count and Revocation.
(c) through (d) No change.
(e) Violating laws governing the practice of pharmacy.
1. Chapter 465, F.S.:
a. through p. No change.
q. Failure to request photo or other verification of identity prior to dispensing a controlled substance to a person not known. (465.0155(2), F.S.)
$500 fine and 12 hour Laws & Rules course or MPJE to one (1) year probation.
$1,000 fine and one (1) year probation, to revocation.
r. No change.
2. through 5. No change.
(f) through (j) No change.
(k) Violating a rule or order of the Board or Department.
(Section 465.016(1)(n), F.S.)
1. Rules of Board of Pharmacy.
a. through b. No change.
c. Knowingly purchase, sell, possess, or distribute counterfeit drugs.
(Section 499.005(8), F.S. Rule 64B16-27.101, F.A.C.)
$5,000 fine, one (1) year suspension followed by one (1) year probation to revocation.
$10,000 fine to revocation.
d. through t. No change.
(l) through (v) No change.
(3) through (4) No change.
Rulemaking Authority 456.072, 456.079, 465.005 FS. Law Implemented 456.072, 456.079, 465.016, 465.023 FS. History–New 3-1-87, Amended 5-11-88, Formerly 21S-17.001, 21S-30.001, 61F10-30.001, Amended 6-26-95, 1-30-96, Formerly 59X-30.001, Amended 12-3-97, 11-15-98, 5-3-00, 1-2-02, 11-29-06, 9-26-12, 2-14-13, 2-5-14, 1-10-17, .
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: C. Erica White, Executive Director, Board of Pharmacy, 4052 Bald Cypress Way, Bin #C04, Tallahassee, Florida 32399-3254.
