RULE NO: RULE TITLE
64B16-30.001: Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances
- NOTICE OF CHANGENotice 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. 35 No. 39, October 2, 2009 issue of the Florida Administrative Weekly.
The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee. The changes are as follows:
1. Subsection (2)(k)1.a. shall now read as follows:
(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. 64B16-28.101 to 64B16-28.1035
All other rules
$500 fine and 12 hour Laws & Rules or MPJE
One (1) year probation and $2,000 fine
2. Subsection (2)(k)1.b. shall now read as follows:
b. 64B16-28.102
Suspension until compliance
Revocation
3. Subsection (2)(k)1.e. shall now read as follows:
e. 64B16-28.301, 64B16-28.303 (destruction of controlled substances) (violations)
$500 fine and 12 hour laws and rules or MPJE
Revocation
4. Subsection (2)(k)1.g. shall now read as follows:
g. 64B16-28.140 (Data processing systems)
$1,000 fine
Revocation
5. Subsection (2)(k)1.i. shall now read as follows:
i. Tendering a check payable to the Board of Pharmacy or to the Department of Health that is dishonored by the institution upon which it is drawn
$500 and 12 hours Laws and Rules or MJPE
$1000 fine plus payment of the check within 30 days
6. Subsection (2)(k)1.l. shall now read as follows:
l. 64B16-28.202 and 64B16-28.203 (transfer of prescription files and drugs)
$1,500
Revocation
7. Subsection (2)(k)1.m. through t. have been added to the rule and shall read as follows:
m. Failure to complete the required continuing education during the biennial licensure period.
1. Failure to complete less than ten (10) hours
$500
$1,500
2. Failure to complete ten (10) or more hours
In addition, licensees shall take two additional hours of continuing education for each of the continuing education deficiencies. Said hours shall not count for continuing education renewal requirements for the next biennium.
$1,000
$2,500
n. Failure to maintain program requirements for certification, training, or continuing education programs or providers.
$500
Revocatio n
o. Failure to retain continuing education records
$250
$1,500
p. Failure to practice in accordance with established practice standards
1. Pharmacist
$500
Revocation
2. Pharmacy Technician
$250
Revocation
3. Pharmacy Intern
$250
Revocation
4. Permittee
$500
Revocation
q. Failure to have current policies and procedures
$500
Revocation
r. Failure to have or maintain standards for an automated fill system in a community pharmacy
$500 and 12 hours Laws & Rules MJPE
Revocation
s. Failure to have or maintain standards for an institutional, special, or central fill pharmacy
$500 and 12 hour Laws & Rules or MJPE
Revocation
t. Failure to maintain standards for animal control shelters.
$500
Revocation
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rebecca Poston, Executive Director, Board of Pharmacy, 4052 Bald Cypress Way, Bin #C04, Tallahassee, Florida 32399-3254
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