of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on January 30, 2018, by Health First Infusion. The Notice of Petition for Waiver or Variance was published in Volume 44, Number 22, of the February 1, 2018, ...

 

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 January 30, 2018, by Health First Infusion. The Notice of Petition for Waiver or Variance was published in Volume 44, Number 22, of the February 1, 2018, Florida Administrative Register. The Petitioner was seeking a waiver or variance of Rule 64B16-28.1081, Florida Administrative Code, entitled, “Regulation of Daily Operating Hours; Commencement of Operations,” which requires that any person who receives a community pharmacy permit pursuant to Section 465.108, F.S., and commences to operate such an establishment shall keep the prescription department open for a minimum of twenty (20) hours per week.

The Board considered the instant Petition at a duly-noticed public meeting held April 4, 2018, in Tallahassee, Florida. The Board’s Order, filed on April 9, 2018, denied the petition finding that Petitioner had failed to establish that the purpose of the underlying statute would be met by granting a variance or waiver from Rule 64B16-28.1081, Florida Administrative Code. The Board further finds that Petitioner failed to establish that applying the requirements of the aforementioned rule to its circumstances would violate principles of fairness and impose substantial hardship.

A copy of the Order or additional information may be obtained by contacting: C. Erica White, Executive Director, Board of Pharmacy, 4052 Bald Cypress Way, Bin #C04, Tallahassee, Florida 32399-3254.