; Sarah Stephens, R.Ph. The Notice of Petition for Declaratory Statement was dated March 3, 2006. Petitioner sought the Board’s interpretation of Sections 465.003(6), and 465.016(1)(l), Florida Statutes, entitled “Definitions” and “Disciplinary ...

 

DEPARTMENT OF HEALTH
Board of Pharmacy

The Board of Pharmacy hereby gives notice that it has issued an Order on the Petition for Declaratory Statement, that was received from Sarah Stephens, R.Ph. The Notice of Petition for Declaratory Statement was dated March 3, 2006. Petitioner sought the Board’s interpretation of Sections 465.003(6), and 465.016(1)(l), Florida Statutes, entitled “Definitions” and “Disciplinary Actions” and whether it is a violation to restock unused prescription drugs which are returned to the pharmacy provided that the drugs are recovered prior to the receipt thereof by either the patient or his/her agent and if the return and reuse of the drugs conform to the AMA conditions. The Board of Pharmacy considered the Petition at its meeting held on June 8, 2006, in Ft. Lauderdale, Florida. The Board’s Order, filed on June 23, 2006, answered the Petition for Declaratory Statement in the affirmative, finding that medical drugs that have been shipped to the consumer or consumer’s agent, but not delivered to the consumer or the consumer’s agent, have not been dispensed within the meaning of Section 456.003, F.S., and these medicinal drugs may be returned to the stock of the pharmacy. It is the Board’s opinion that although it is legally permissible to return non-dispensed medicinal drugs to the stock of a pharmacy, it is the responsibility of the pharmacist making the decision to return the medicinal drugs to the stock of the pharmacy to exercise his or her professional judgment in deciding whether or not it is appropriate to return the medications to the stock of the pharmacy in light of the conditions under which the medications were stored prior to the return to the pharmacy.

A copy of the Board’s Order may be obtained by contacting Rebecca Poston, R.Ph., Executive Director, Board of Pharmacy, 4052 Bald Cypress Way, Bin # C04, Tallahassee, Florida 32399-3254.