DEPARTMENT OF HEALTH
Board of PharmacyRULE NO.: RULE TITLE:
64B16-30.001: Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating CircumstancesNOTICE 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. 38, No. 4, January 27, 2012 issue of the Florida Administrative Weekly.
The change is in response to written comments submitted by the staff of the Joint Administrative Procedures Committee. The changes are as follows:
1. Number 11. in the Notice of Change published for this rule on June 29, 2012 in Vol. 38, No. 26 of the F.A.W., states that (2)(e)n. shall be removed from the rule in its entirety. No such subsection exists. This was a scrivener’s error.
2. The second sentence of subsection (2) shall now read as follows:
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.
PENALTY RANGE
VIOLATION
MINIMUM
MAXIMUM
3. (2)(k)1.k. shall now read as follows:
64B16-28.902 and 64B16-28.203 (transfer of prescription files and drugs)
$1,500 fine
Revocation
4. (2)(k)1.l.1.shall now read as follows:
1. Failure to complete less than ten (10) hours
$500 fine
$1,500 fine
5. (2)(k)1.l.2.shall now read as follows:
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 fine
$2,500 fine
6. (2)(k)1.m. shall now read as follows:
m. Failure to maintain program requirements for certification, training, or continuing education programs or providers. Rule 64B16-26.601, F.A.C.
$500 fine
Revocation
7. (2)(k)1.n. shall now read as follows:
n. Failure to retain continuing education records. Rule 64B16-26.603, F.A.C.
$250 fine
$1,500 fine
8. (2)(k)1.o.1. through 3. shall now read as follows:
1. Pharmacist
$500 fine
Revocation
2. Pharmacy Intern
$250 fine
Revocation
3. Permittee
$500 fine
Revocation
9. (2)(k)1.p. shall now read as follows:
p. Failure to have current policies and procedures. Rules 64B16-28.141, .450, F.A.C.
$500 fine
Revocation
10. (2)(k)1.q. shall now read as follows:
q. Failure to have or maintain standards for an automated pharmacy system in a community pharmacy. Rule 64B16-28.141, F.A.C.
$500 fine and 12 hours Laws & Rules or MJPE
Revocation
11. (2)(k)1.r. shall now read as follows:
r. Failure to have or maintain standards for a central fill pharmacy. Rule 64B16-28.450, F.A.C.
$500 fine and 12 hours Laws & Rules or MJPE
Revocation
12. (2)(k)1.s. shall now read as follows:
s. Failure to have or maintain standards for an institutional pharmacy. Rules 64B16-28.602, .6021, .605, .606, .702, F.A.C.
$500 fine and 12 hour Laws & Rules or MJPE
13. (2)(k)1.t. shall now read as follows:
t. Failure to maintain or have standards for a special pharmacy Rules 64B16-28.800, .810, .820, .840, .850, .860, .870, F.A.C.
$500 fine and 12 hour Laws & Rules or MJPE
14. (2)(k)1.u. shall now read as follows:
t. Failure to maintain standards for animal control shelters
$500 fine
Revocation
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
