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.
A previous Notice of Change published in Vol. 46, No. 230, of the November 25, 2020, issue of the Florida Administrative Register. The Notice of 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 February 4, 2021, to amend the rule. 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
FLORIDA LICENSE PENALTY RANGE
OUT-OF-STATE TELEHEALTH PROVIDER PENALTY RANGE
FIRST VIOLATION
SECOND AND SUBSEQUENT VIOLATIONS
FIRST VIOLATION
SECOND AND SUBSEQUENT VIOLATIONS
(a) through (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. through e.
No change.
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. through 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. No change.
b. Sink and running water, sufficient space, refrigeration, sanitation, equipment.
(Rule 64B16-28.102, F.A.C.)
MIN: $250 fine and sSuspension until compliance;
MAX: $1,000 2,000 fine and suspension until compliance.
MIN: $2,000 fine and suspension until compliance;
MAX: Revocation.
MIN: Suspension and a corrective action plan including, at a minimum, compliance;
MAX: One (1) year suspension and a corrective action plan as outlined above.
MIN: Suspension and a corrective action plan including, at a minimum, compliance;
MAX: Revocation.
c. through r.
No change.
s. Standards of practice for compounding CSPs.
(Rules 64B16-27.700 and .797, F.A.C.)
(I) No change.
(II) Harm.
MIN: $2,000 fine, one (1) year of probation, course governing sterile compounds and 12-hour Laws & Rules course;
MAX: Revocation.
MIN: $10,000 fine, and one (1) year suspension, followed by one (1) year of probation Revocation;
MAX: $10,000 fine and revocation.
MIN: Suspension and a corrective action plan including, at a minimum, a 12-hour Laws & Rules course and course governing sterile compounds;
MAX: Revocation
MIN: Revocation;
MAX: Revocation
2. No change.
(l) through (r)
No change.
(s) Guilty of a felony involving moral turpitude.
(Section 465.023(1)(d), F.S.)
MIN: $1,000 fine and 12-hour Laws & Rules course or MJPE;
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, a 12-hour Laws & Rules course or MPJE;
MAX: One (1) year suspension with a continuing action plan as outlined above.
MIN: Suspension and a corrective action plan;
MAX: Revocation.
(t) 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.
