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. 46 No. 145, July 27, 2020 issue of the Florida Administrative Register.
The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee. The Board voted at the public board meeting held October 14, 2020, to amend the rule. The rule shall now read as follows:
64B16-30.001 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.
(1) The board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon licensees guilty of violating chapters 456, 465, 499, or 893 or section 828.055, F.S. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of particular provisions of chapters 456, 465, 499, 893 or section 828.055, F.S. The term license means any permit, registration, certificate, out-of-state telehealth provider registration, or license, including a provisional license, issued by the Department. Penalty ranges are shown as minimum and maximum guidelines as well as for first time single count violations and for multiple or repeated violations of the same statutory provision or the rules promulgated thereunder. The range of disciplinary action for registered out-of-state telehealth providers shall be, in ascending order of severity, reprimand, suspension, and revocation. For telehealth registrants, a suspension may be accompanied by a corrective action plan that includes rehabilitative provisions narrowly tailored to address the conduct which resulted in the underlying disciplinary violations. The Board may require a corrective action plan to be completed prior to reinstatement of the suspended registration or the corrective action plan may follow a suspension for a definite term. All penalties at the upper range of the sanctions set forth in the guidelines, e.g., suspension, revocation, etc., include lesser penalties, e.g., fine, continuing education, probation, or reprimand, which may be included in the final penalty at the board’s discretion. Probation may be subject to conditions, including restriction from practice in certain settings, restricting the licensee to working only under designated conditions or in certain settings, requiring continuing or remedial education, or any other restriction found to be necessary for the protection of the public health, safety, and welfare. The range of disciplinary action for registered out-of-state telehealth providers shall be, in ascending order of severity, reprimand, suspension, and revocation. For telehealth registrants, a suspension may be accompanied by a corrective action plan that includes rehabilitative provisions narrowly tailored to address the conduct which resulted in the underlying disciplinary violations. The Board may require a corrective action plan to be completed prior to reinstatement of the suspended registration or the corrective action plan may follow a suspension for a definite term. In addition to any other discipline imposed under these guidelines, the board shall assess costs relating to the investigation and prosecution of the case.
(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
FLORIDA LICENSE PENALTY RANGE
OUT-OF-STATE TELEHEALTH PROVIDER PENALTY RANGE
FIRST VIOLATION
SECOND AND SUBSEQUENT VIOLATIONS
FIRST VIOLATION
SECOND AND SUBSEQUENT VIOLATIONS
(a) Obtaining a license or permit by misrepresentation, fraud, or error.
(Section 465.016(1)(a), F.S.); and
(Section 465.023(1)(a), F.S.)
1. By misrepresentation on original application or renewal.
MIN: $1,000 fine, a 12-hour Laws and Rules course or Multistate Pharmacy Jurisprudence Exam (“MPJE”) and a 3-hour ethics course;
MAX: $5,000 fine and Revocation.
MIN: Revocation;
MAX: Revocation and $10,000 fine.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws and Rules course or MPJE and 3-hour ethics course;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
1. 2. By fraudulent misrepresentation or fraud on original application or renewal.
MIN: $10,000 fine for each count and Revocation;
MAX: $10,000 fine for each count and Revocation.
MIN: $10,000 fine for each count and Revocation;
MAX: $10,000 fine for each count and Revocation.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
2. 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.); and
(Section 465.023(1)(b), F.S.)
MIN: $10,000 fine for each count and Revocation;
MAX: $10,000 fine for each count and Revocation.
MIN: $10,000 fine for each count and Revocation;
MAX: $10,000 fine for each count and Revocation.
MIN: Revocation;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
(c) Permitting any unlicensed persons or unsupervised registered interns to fill, compound, or dispense any prescriptions.
(Section 465.016(1)(c), F.S.)
MIN: $2,500 fine and 12-hour Laws & Rules course or Multistate Pharmacy Jurisprudence Exam (MPJE);
MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;
MAX: $10,000 fine and Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(d) No change.
(e) Violating laws governing the practice of pharmacy.
(Section 465.016(1)(e), F.S.);
(Section 465.023(1)(c), F.S.)
1. Chapter 465, F.S.:
a. Failure to properly supervise registered pharmacy technician.
(Section 465.014, F.S.)
MIN: $250 fine, one (1) year of probation, and 12-hour Laws and Rules course or MPJE;
MAX: $1,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $5,000 1,000 fine and one (1) year suspension followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
b. Operating a pharmacy that is not registered.
(Section 465.015(1)(a), F.S.)
MIN: $500 fine per month (up to $5,000 fine), 12-hour Laws and Rules course or MPJE, and permittee must renew permit, obtain new permit, or cease operation;
MAX: Revocation.
MIN: Revocation;
MAX: $10,000 fine, revocation, and, if appropriate, referral to State Attorney’s Office for criminal prosecution.
MIN: Reprimand;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation and, if appropriate, referral for criminal prosecution.
c. Operating a pharmacy where an unlicensed, unregistered, or unsupervised person practices pharmacy.
(Section 465.015(1)(b), F.S.)
MIN: $5,000 fine, 12-hour Laws and Rules course or MPJE, and one (1) year of probation;
MAX: Revocation.
MIN: $10,000 fine, one (1) year suspension followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
d. Making a false or fraudulent statement to the board.
(Section 465.015(2)(a), F.S.)
MIN: $10,000 fine;
MAX: $10,000 fine and Revocation.
MIN: $10,000 fine and Revocation;
MAX: $10,000 fine and revocation.
MIN: Reprimand;
MAX: Revocation.
MIN: Revocation;
MAX: Revocation.
e. Filling or compounding prescriptions, or dispensing medicinal drugs, without an active license.
(Section 465.015(2)(b), F.S.)
MIN: $500 fine per month while inactive (up to $6,000);
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation; Revocation.
MIN: $10,000 fine and one (1) year suspension followed by one (1) year of probation;
MAX: Revocation.
MIN: Reprimand;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
f. Selling or dispensing drugs without a prescription.
(Section 465.015(2)(c), F.S.)
(I) Non-scheduled legend drugs.
MIN: $1,500 fine;
MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;
MAX: Revocation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(II) Scheduled (controlled substances) legend drugs.
MIN: $5,000 fine and one (1) year suspension;
MAX: Revocation.
MIN: $10,000 fine and one (1) year suspension followed by one (1) year of probation;
MAX: Revocation.
MIN: Reprimand;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
g. Selling samples or complimentary drugs.
(Section 465.015(2)(d), F.S.)
(I) Non-scheduled legend drugs.
MIN: $1,500 fine and (1) year of probation;
MAX: $5,000 fine and one (1) year suspension.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(II) No change.
h. Failure to notify the board of, or failure to have, a prescription department manager or a supervising, a responsible, or a consultant pharmacist.
(Sections 465.0157, 465.018, .019, .0193, .0196, or .0197, F.S. and Sections 465.022(10), or (11), F.S.)
(I) Failure to notify of change.
(Section 465.022(10), or (11), F.S.)
MIN: $500 fine each month licensee fails to notify the Board (maximum $5,000);
MAX: One (1) year of probation and $7,500 fine.
MIN: $500 fine each month licensee fails to notify the Board (maximum $7,500) and one (1) year probation suspension;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
(II) Failure to have prescription department manager or a supervising, a responsible, or a consultant pharmacist of record.
MIN: $750 fine per month practicing without a prescription department manager (maximum of $6,000);
MAX: One (1) year suspension and a fine of $7,500.
MIN: $2,000 fine per month practicing without a prescription department manager (maximum of $10,000); and one (1) year of probation;
MAX: $10,000 fine and two (2) year suspension followed by two (2) years of probation Revocation.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: Reprimand;
MAX: Revocation.
i. Failure to comply with substitution of legend drug requirements.
(Sections 465.025(2), (3), and (4), F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;
MAX: $2,200 fine and one (1) year of probation.
MIN: $2,500 fine, 12-hour Laws & Rules course or MPJE, and one (1) year of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: Revocation.
j. Failure to follow negative formulary requirements.
(Section 465.025(6), F.S.);
(Rule 64B16-27.500, F.A.C.)
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE;
MAX: $2,500 fine and one (1) year of probation.
MIN: $2,500 fine, 12-hour Laws & Rules course or MPJE, and one (1) year of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: Revocation.
k. No change.
l. Engage in prohibited rebate scheme.
(Section 465.185, F.S.)
MIN: $1,500 fine and 12-hour Laws & Rules course or MPJE;
MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine, 12-hour Laws & Rules course or MPJE, and one (1) year suspension followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: Revocation.
m. Failure to comply with pharmacist dispensing requirements.
(Section 465.186, F.S.)
(I) No change.
(II) Dispensing drug not on the formulary.
(Section 465.186(2), F.S.);
(Rules 64B16-27.220, .230, F.A.C.)
MIN: $1,500 fine and 12-hour Laws & Rules course or MPJE;
MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation; Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
n. Failure to timely report fraudulent obtaining or attempted obtaining of controlled substances from a pharmacy.
(Section 465.015(3), F.S.)
(I) Failure to timely report.
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;
MAX: $1,000 fine and one (1) year of probation.
MIN: $1,000 fine and one (1) year of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(II) Failure to report.
MIN: $1,000 fine and one (1) year of probation;
MAX: $5,000 fine and one (1) year suspension.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
o. Violation of facsimile prescription requirements.
(Section 465.035, F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;
MAX: $1,000 fine and one (1) year of probation.
MIN: $1,000 fine and one (1) year of probation;
MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation;
Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
p. Violation of requirements for administration of vaccines and epinephrine auto injection.
(Section 465.189, F.S.); and; (Section 465.009(6)(a), F.S.)
(I) Administration with failure to enter into a written protocol.
MIN: $2,500 fine and 12-hour Laws & Rules course or MPJE;
MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation;
Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(II) Administration with failure to maintain proper insurance.
MIN: $500 fine and suspension until insured;
MAX: $1,000 fine and suspension until insured followed by one (1) of year probation.
MIN: $1,000 fine and suspension until insured, followed by one (1) year of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, becoming insured;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan including, at a minimum, becoming insured;
MAX: Revocation.
(III) Administration with failure to maintain and make available patient records.
MIN: $500 fine;
MAX: $1,000 fine and one (1) year of probation.
MIN: $1,000 fine and one (1) year of probation;
MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(IV) No change.
(V) Failure to submit copy of protocol or written agreement to the board.
MIN: $500 fine;
MAX: $1,000 fine and one (1) year of probation.
MIN: $1,000 fine and one (1) year of probation;
MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
q. Failure to request photo or other verification of identity prior to dispensing a controlled substance to a person not known.
(Section 465.0155(2), F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;
MAX: $1,000 fine and one (1) year of probation.
MIN: $1,000 fine and one (1) year of probation;
MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
r. Failure to inform customers of less expensive drug when cost sharing obligation to customer exceeds retail price.
(Section 465.0244(2), F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;
MAX: $1,000 fine and one (1) year of probation.
MIN: $1,000 fine and one (1) year of probation;
MAX: $5,000 fine and oOne (1) year suspension of dispensing rights followed by one (1) year of probation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan including, at a minimum, one (1) year suspension of dispensing rights;
MAX: Revocation.
2. Chapter 499, F.S.:
a. Adulteration or misbranding of a drug.
(Sections 499.005(2), and (3) F.S.); (Section 499.006, F.S.); and (Section 499.007, F.S.)
(I) Adulteration of a drug.
(Section 499.005(2), F.S.); and (Section 499.006, F.S.)
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE;
MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(II) Receipt or delivery of any drug that is adulterated or misbranded.
(Section 499.005(3), F.S.)
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE;
MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(III) Incomplete or inaccurate labeling.
(Section 499.007, F.S.);
(Rule 64B16-28.108, F.A.C.)
MIN: $250 fine and 12-hour Laws & Rules course or MPJE;
MAX: $2,500 and one (1) year of probation.
MIN: $2,500 fine and one (1) year of probation;
MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(IV) No change.
b. through c. No change.
d. Recordkeeping requirement.
(Section 499.0121, F.S.); and (Sections 499.005(18), and (19), F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;
MAX: $5,000 fine and one (1) year of probation.
MIN: $1,000 5,000 fine and one (1) year of probation;
MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
e. Storage of drugs.
(Section 499.0121, F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;
MAX: $5,000 fine and one (1) year of probation.
MIN: $1,000 5,000 fine and one (1) year of probation;
MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
3. Chapter 893, F.S.
(Controlled Substances):
a. Filling a written or oral prescription for controlled substances that does not meet the requirements of Chapter 893, F.S.
(Sections 893.04(1)(a), (b), and (c), F.S.)
MIN: $1,500 fine and 12-hour Laws & Rules course or MPJE;
MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
b. Failing to retain prescription records for two (2) years.
(Section 893.04(1)(d), F.S.)
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE;
MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
c. Failing to appropriately label.
(Section 893.04(1)(e), F.S.)
MIN: $250 fine and 12-hour Laws & Rules course or MPJE;
MAX: $2,500 fine and one (1) year of probation.
MIN: $2,500 fine and (1) year probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
d. No change.
e. Inappropriate refilling of Schedule III, IV, or V drugs.
(Section 893.04(1)(g), F.S.); and (Section 893.04(2)(e), F.S.)
MIN: $1,750 fine and one (1) year of probation;
MAX: $5,000 fine and one (1) year suspension.
MIN: $5,000 fine and one (1) year suspension;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and corrective action plan.
MIN: One (1) year suspension;
MAX: Revocation.
f. Receiving controlled substances without an appropriate order form.
(Section 893.06(1), F.S.)
MIN: $2,500 fine;
MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
g. No change.
h. Failure to take a biennial inventory.
(Sections 893.07(1)(a), (2), (3), (4), and (5), F.S.)
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE;
MAX: $2,500 fine and one (1) year of probation.
MIN: $2,500 fine and one (1) year of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
i. Failure to maintain a complete and accurate record of controlled substances.
(Sections 893.07(1)(b), (2), (3), (4), and (5), F.S.)
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE;
MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and two (2) years of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of a 12-hour Laws and Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
j. No change.
k. Inappropriate selling of Schedule V controlled substance.
(Section 893.08(3)(c), F.S.)
MIN: $1,500 fine, 12-hour Laws and Rules course or MPJE and one (1) year of probation;
MAX: Revocation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: Revocation
MIN: One (1) year suspension;
MAX: Revocation.
l. Unlawful possession of controlled substance.
(Section 893.13, F.S.)
MIN: $5,000 fine and one (1) year suspension followed by one (1) two (2) years of probation;
MAX: Revocation.
MIN: $10,000 fine and two (2) one (1) year suspension followed by two (2) one (1) years of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
m. Failure to report information regarding dispensed controlled substances to the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System.
(Section 893.055(3), F.S.)
MIN: $1,000 250 fine and 12-hour Laws & Rules course or MPJE;
MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
n. Failure to consult the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System prior to dispensing a controlled substance.
(Section 893.055(8), F.S.)
MIN: $1,000 250 fine and 12-hour Laws & Rules course or MPJE;
MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
o. Failure to maintain confidentiality of information obtained from the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System.
(Section 893.0551(6), F.S.)
(I) through (II) No change.
4. Violation of Federal Drug Abuse Act 21 U.S.C. 821 et seq.
(Manufacture, Distribution, and Dispensing of Controlled Substances.)
MIN: $1,000 fine and one (1) year of probation;
MAX: $2,000 fine and one (1) year suspension.
MIN: $10,000 2,000 fine and one (1) year suspension followed by one (1) year of probation;
MAX: $10,000 fine and Revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
5. Violation of Food and Drug Act 21 U.S.C. 301 – 392.
MIN: $5,000 2,500 fine and one (1) year suspension followed by one (1) year of probation;
MAX: Revocation.
MIN: $7,500 fine and two (2) year suspension followed by two (2) years of probation;
MAX: Revocation.
MIN: One (1) year suspension;
MAX: Revocation
MIN: Two (2) year suspension and a corrective action plan;
MAX: Revocation.
(f) Criminal conviction related to Pharmacy.
(Section 465.016(1)(f), F.S.)
1. Misdemeanor.
MIN: $1,000 fine;
MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
2. No change.
(g) Using in the compounding of a prescription, or furnishing upon prescription, an ingredient or article different in any manner from the ingredient or article prescribed, except as authorized in Section 465.019(6), F.S. or Section 465.025, F.S.
(Section 465.016(1)(g), F.S.);
or, compounding, dispensing or distributing legend drugs outside professional practice of pharmacy.
(Section 465.016(1)(i), F.S.)
MIN (without ingestion or harm): Reprimand, submission of an improvement action plan, and complete a Board approved eight (8) hour CE course directly related to the violation at issue;
MIN: (with ingestion) $500 fine, submission of an improvement action plan, and complete a Board approved eight (8) hour CE course directly related to the violation at issue;
MAX (with or without ingestion or harm): $1,000 fine and one (1) year of probation.
MIN: (without ingestion or harm) $500 fine, complete a Board approved eight (8) hour CE course directly related to the violation at issue, and two (2) years of probation;
MIN (with ingestion or harm); $1,000 fine complete a Board approved eight (8) hour CE course directly related to the violation at issue, and two (2) years of probation;
MAX (without ingestion or harm) $2,500 fine and one (1) year suspension followed by two (2) years of probation; MAX (with or without ingestion or harm): Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, complete a Board approved eight (8) hour CE course directly related to the violation at issue;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan including, at a minimum, complete a Board approved eight (8) hour CE course directly related to the violation at issue;
MAX: Revocation.
(h) No change.
(i) Failure to make prescription price information available.
(Section 465.016(1)(k), F.S.)
MIN: $250 fine and 12-hour Laws & Rules course or MPJE;
MAX: $1,000 fine and one (1) year of probation.
MIN: $5,000 1,000 fine and one (1) year of probation;
MAX: $10,000 5,000 fine and one (1) month year suspension followed by two (2) years of probation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
(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 c. No change.
d. Failure to remove outdated pharmaceuticals from active stock or dispensing of same.
(Rule 64B16-28.110, F.A.C.)
MIN: $500 fine for failure to remove, $1,000 fine for dispensing;
MAX: $2,500 fine, and one (1) year probation.
Min: $2,500 fine for failure to remove, $5,000 fine for dispensing, and one (1) year of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation for failure to remove and rRevocation for dispensing.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
e. Violation of destruction of controlled substances.
(Rules 64B16-28.301 and .303 F.A.C.)
MIN: $500 fine and 12-hour Laws & Rules course or MPJE;
MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
f. No change.
g. Violation of requirements for records maintained in a data processing system.
(Rule 64B16-28.140, F.A.C.)
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE and 8-hour CE course in record keeping;
MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE and 8-hours CE course in record keeping;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
h. Failure to properly store legend drugs.
(Rule 64B16-28.120, F.A.C.)
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE;
MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year of probation;
MAX: $10,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
i. through m. No change.
n. Failure to have or maintain current policies and procedures for automated pharmacy system or central fill pharmacy.
(Rules 64B16-28.141 and.450, F.A.C.)
MIN: $500 and 12-hour Laws & Rules course or MPJE;
MAX: $1,000 fine and suspension of license/permit until current policies and procedures are in place.
MIN: $2,500 fine and suspension of license/permit until current policies and procedures are in place;
MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension with a corrective action plan including, at a minimum, current policies and procedures are in place.
MIN: Suspension and a corrective action plan including, at a minimum, current policies and procedures are in place;
MAX: Revocation.
o. through q. No change.
r. Failure to comply with Board’s rule on patient counseling.
(Rules 64B16-27.800, .810, .820, F.A.C.)
MIN: (without ingestion or harm): $250 fine and complete approved CE course in the prevention of medication errors of no less than eight (8) hours;
MIN: (with ingestion) $500 fine and complete approved CE course in the prevention of medication errors of no less than eight (8) hours;
MAX: (with or with ingestion or harm): $1,000 fine and (1) year of probation.
MIN: (without ingestion or harm) $500 fine and complete approved CE course in the prevention of medication errors of no less than eight (8) hours;
MIN: (with ingestion) $1,000 fine and complete approved CE course in the prevention of medication errors of no less than eight (8) hours, and one (1) year of probation;
MAX: (without ingestion or harm) $10,000 fine, and one (1) year suspension followed by one year of probation; MAX: (with or without ingestion or harm) Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of an approved CE course in the prevention of medication errors of no less than eight (8) hours;
MAX: One (1) year suspension with a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan including, at a minimum, completion of an approved CE course in the prevention of medication errors of no less than eight (8) hours;
MAX: Revocation.
s. Standards of practice for compounding CSPs.
(Rules 64B16-27.700 and .797, F.A.C.)
(1) through (II) No change.
2. No change.
(l) No change.
(m) Failing to report to the Department any chapter 458 or 459, F.S., licensee violation.
(Section 465.016(1)(o), F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or MJPE;
MAX: $1,500 fine and one (1) year of probation.
MIN: $1,500 fine, one (1) year of probation, and 12-hour Laws & Rules course or MJPE;
MAX: $5,000 fine and one (1) year of suspension.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE.
(n) No change.
(o) Failing to notify the Board of commencement or cessation of practice due to discipline in another jurisdiction.
(Section 465.016(1)(p), F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or MJPE;
MAX: $2,000 fine and one (1) year of probation.
MIN: $2,000 fine and one (1) year of probation;
MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(p) No change.
(q) Knowingly, or with reason to believe, dispensing based on purported prescription where patient-prescriber relationship is invalid.
(Section 465.016(1)(s), F.S.);
(Section 465.023(1)(h), F.S.)
1. Reason to believe.
MIN: $2,000 fine, 12-hour Laws & Rules course or MJPE, and one (1) year of probation;
MAX: $2,500 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $2,500 fine and one (1) year suspension followed by one (1) year of probation;
MAX: $10,000 fine and revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MJPE;
MAX: One (1) year suspension with a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
2. No change.
(r) Committing an error or omission during prescription drug processing.
(Section 465.016(1)(t), F.S.)
MIN (without ingestion or harm): $250 fine, complete approved CE course in the prevention of medication errors of no less than eight (8) hours and submission of an improvement action plan;
MIN (with ingestion) $500 fine, complete approved CE course in the prevention of medication errors of no less than eight (8) hours and submission of an improvement action plan;
MAX (with or without ingestion or harm): $1,000 fine and one (1) year of probation.
MIN (without ingestion or harm): $500 fine and complete approved CE course in the prevention of medication errors of no less than eight (8) hours, and two (2) years of probation;
MIN (with ingestion) $1,000 fine, complete approved CE course as outlined above, and two (2) years of probation;
MAX (without ingestion or harm); $5,000 fine, and one (1) year suspension followed by one (1) year of probation. MAX (with or without ingestion or harm): Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, completion of an approved CE course in the prevention of medication errors of no less than eight (8) hours;
MAX: One (1) year suspension with a continuing action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan including, at a minimum, completion of an approved CE course in the prevention of medication errors of no less than eight (8) hours;
MAX: Revocation.
(s) through (t) No change.
(u) Violating Section 456.072, F.S.
(Section 465.016(1)(r), F.S.)
1. Making misleading, deceptive, or fraudulent representation in or related to the practice of the licensee’s profession.
(Section 456.072(1)(a), F.S.)
MIN: $2,500 fine and one (1) year of probation;
MAX: $5,000 10,000 fine and one (1) year suspension followed by one (1) year probation.
MIN: Revocation;
MAX: $10,000 fine and revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: Revocation;
MAX: Revocation
2. Intentionally violating any rule adopted by the Board or the Department.
(Section 456.072(1)(b), F.S.)
MIN: $2,500 fine and one (1) year of probation;
MAX: $5,000 fine and one (1) year suspension followed by one (1) year probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year probation;
MAX: $10,000 fine and revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
3. Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession.
(Section 456.072(1)(c), F.S.)
a. Misdemeanor.
MIN: $1,000 fine;
MAX: $2,500 fine and one (1) year of probation.
MIN: $2,500 fine and one (1) year of probation;
MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
b. Felony.
MIN: $3,000 fine and one (1) year of probation;
MAX: $5,000 fine and one (1) year suspension followed by one (1) year probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year probation;
MAX: $10,000 fine and revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
4. Failing to comply with the educational course requirements for human immunodeficiency virus and acquired immune deficiency syndrome, or medical errors.
(Section 456.072(1)(e), F.S.)
(Rules 64B16-26.103(1)(c), (4)(e), F.A.C.)
MIN: $500 fine and suspension until compliant;
MAX: $1,000 fine and suspension until compliant.
MIN: $2,500 1,000 fine and suspension until compliant;
MAX: $5,000 fine and suspension until compliant.
MIN: Suspension and a corrective action plan which includes, at a minimum, becoming compliant;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan which includes, at a minimum, becoming compliant;
MAX: Revocation.
5. No change.
6. Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the Department against another licensee.
(Section 456.072(1)(g), F.S.)
MIN: $3,000 fine;
MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year probation;
MAX: $10,000 fine and revocation.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
7. No change.
8. Except as provided in section 465.016, F.S., failing to report to the Department any person who the licensee knows is in violation of Chapter 456, the chapter regulating the alleged violator, or the rules of the Department or the Board.
(Section 456.072(1)(i), F.S.)
MIN: $500 fine and 12-hour Laws & Rules course or MJPE;
MAX: $1,500 fine, and one (1) year suspension followed by one (1) year of probation.
MIN: $5,000 1,500 fine and one (1) year suspension followed by one (1) year of probation;
MAX: Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: Revocation.
9. Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 456, the chapter regulating the profession, or the rules of the Department or the Board.
(Section 456.072(1)(j), F.S.)
MIN: $2,000 fine and 12-hour Laws & Rules course or MJPE;
MAX: $2,500 fine and one (1) year of probation.
MIN: $5,000 2,500 fine and one (1) year suspension followed by one (1) year of probation;
MAX: $10,000 fine and revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
10. Failing to perform any statutory or legal obligation placed upon a licensee.
(Section 456.072(1)(k), F.S.)
MIN: $2,000 fine and suspension until compliant;
MAX: $2,500 fine and suspension until compliant.
MIN: $5,000 2,500 fine and one (1) year suspension followed by one (1) year of probation;
MAX: $10,000 fine and revocation.
MIN: Suspension and a corrective action plan which includes, at a minimum, becoming compliant;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
11. Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so.
(Section 456.072(1)(l), F.S.)
a. No change.
b. Negligently failing to file a report or record.
MIN: $2,500 fine;
MAX: $5,000 fine.
MIN: $5,000 fine and one (1) year of probation;
MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
12. No change.
13. Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party.
(Section 456.072(1)(n), F.S.)
MIN: $3,000 fine;
MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;
MAX: $10,000 fine and revocation.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
14. Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform.
(Section 456.072(1)(o), F.S.)
MIN: $2,000 fine and one (1) year of probation;
MAX: $5,000 fine and one (1) year suspension followed by one (1) year probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;
MAX: $10,000 fine and revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
15. Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them.
(Section 456.072(1)(p), F.S.)
MIN: $2,000 fine and one (1) year of probation;
MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;
MAX: $10,000 fine and revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
16. Violating any provision of chapter 456, F.S., the applicable professional practice act, a rule of the Department or the Board, or a lawful order of the Department or the Board, or failing to comply with a lawfully issued subpoena of the Department.
(Section 456.072(1)(dd), F.S.); and (Section 456.072(1)(q), F.S.)
MIN: $1,000 fine and 12-hour Laws & Rules course or MPJE;
MAX: $5,000 fine and one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;
MAX: $10,000 fine and revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
17. Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding.
(Section 456.072(1)(r), F.S.)
MIN: $2,500 fine and one (1) year of probation;
MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;
MAX: $10,000 fine and revocation.
MIN: Suspension and a corrective action plan;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
18. through 19. No change.
20. Failing to report to the Board, or the Department if there is no Board, in writing within 30 days after the licensee has been convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction.
(Section 456.072(1)(x), F.S.)
MIN: $1,000 fine;
MAX: $5,000 fine and one (1) year suspension followed by one (1) year of probation.
MIN: $5,000 fine and one (1) year suspension followed by one (1) year of probation;
MAX: $10,000 fine and revocation.
MIN: Reprimand;
MAX: One (1) year suspension and a corrective action plan.
MIN: One (1) year suspension and a corrective action plan;
MAX: Revocation.
21. through 23. No change.
24. Failing to remit the sum owed to the state for overpayment from the Medicaid program pursuant to a final order, judgment, or settlement.
(Section 456.072(1)(jj), F.S.)
MIN: $500 fine;
MAX: $2,500 5,000 fine, suspension until amount owed is remitted followed by one (1) year of probation.
MIN: $2,500 and suspension until amount owed is remitted followed by one (1) year of probation;
MAX: $5,000 fine and revocation.
MIN: Reprimand;
MAX: Suspension and a corrective action plan including, at a minimum, remitting the amount owed.
MIN: Suspension and a corrective action plan including, at a minimum, remitting the amount owed;
MAX: Revocation.
25. through 26. No change.
27. Willfully failing to comply with section 627.64194 or 641.513, F.S., with such frequency as to indicate a general business practice.
(Section 456.072(1)(oo), F.S.)
MIN: Reprimand and a fine of $250;
MAX: $500 fine and one (1) year of probation.
MIN: $500 fine and one (1) year of probation;
MAX: $1,000 fine and one (1) year suspension followed by one (1) year of probation Revocation.
MIN: Reprimand;
MAX: Suspension and corrective action plan.
MIN: Suspension and corrective action plan;
MAX: Revocation.
(v) through (aa) No change.
(3) through (4) No change.
Rulemaking Authority 456.47(4), 456.47(7), 456.072, 456.079, 465.005 FS. Law Implemented 456.47(4), 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, 12-18-18, ____________.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jessica Sapp, Executive Director, Board of Pharmacy, 4052 Bald Cypress Way, Bin #C04, Tallahassee, Florida 32399-3254.
