The Board proposes the rule amendment to update the guidelines to provide penalty guidelines for animal control shelters pursuant to legislative changes in Section 828.055, F.S.

 

DEPARTMENT OF HEALTH
Board of Pharmacy

RULE NO.:RULE TITLE:
64B16-30.001Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
PURPOSE AND EFFECT: The Board proposes the rule amendment to update the guidelines to provide penalty guidelines for animal control shelters pursuant to legislative changes in Section 828.055, F.S.
SUMMARY: Pursuant to legislative changes to Section 828.055, F.S., penalty guidelines for animal control shelters will be provided.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 456.072, 456.079, 465.005 FS.
LAW IMPLEMENTED: 456.072, 456.079 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mark Whitten, Executive Director, Board of Pharmacy, 4052 Bald Cypress Way, Bin C04, Tallahassee, Florida 32399-3254

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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 abbrieviated and the full statute or rule cited should be consulted to determine the prohibited conduct.

PENALTY RANGE

VIOLATIONMINIMUMMAXIMUM

(a) through (o) No change

(p) Violating 828.055, F.S.

 

1. Using drugs for animal euthnization for an improper purpose	Reprimand and a fine of $250	Revocation
2. Failing to take resonable precautions against misuse, theft, loss or diversion	Reprimand and a fine of $250	Revocation
3. Failing to detect or to report a significant loss, theft, or inventory shortage of drugs	Reprimand and a fine of $250	Revocation
4. Failing to follow the rules of the Board regarding proper storage and handling of drugs	Reprimand and a fine of $250	Revocation
5. Violating any provision of Section 828.055, chapter 465, chapter 499, F.S., or any rule adopted under those chapters	Reprimand and a fine of $250	Revocation

(3) through (4) No change.

Rulemaking Authority 456.072, 456.079, 465.005, 828.055 FS. Law Implemented 456.072, 456.079 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,                    .

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Pharmacy
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Pharmacy
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 9, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 1, 2012