of the issuance of an Order regarding the Petition for Waiver or Variance, which was filed on January 3, 2018, by Plantation General Limited Partnership d/b/a Mercy Hospital, A Campus of Plantation General Hospital. The Notice of Petition for Waiver ...

 

DEPARTMENT OF HEALTH

Board of Pharmacy

RULE NO.:RULE TITLE:

64B16-28.141Requirements for an Automated Pharmacy System in a Community Pharmacy

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 3, 2018, by Plantation General Limited Partnership d/b/a Mercy Hospital, A Campus of Plantation General Hospital. The Notice of Petition for Waiver or Variance was published in Volume 44, Number 5, of the January 8, 2018, Florida Administrative Register. The Petitioner was seeking a waiver or variance of subsection 64B16-28.141(1), Florida Administrative Code, entitled “Requirements for an Automated Pharmacy System in a Community Pharmacy,” which defines an “Automated pharmacy system” as a mechanical system, located within or adjacent to the prescription department, that performs operations or activities, other than compounding or administration, relative to storage, packaging, dispensing, or distribution of medication, and which collects, controls, and maintains all transaction information.

The Board considered the instant Petition at a duly-noticed public meeting held February 7, 2018, in Gainesville, Florida. The Board’s Order, filed on March 7, 2018, granted the petition finding that Petitioner had established that the purpose of the underlying statute would be met by granting a variance or waiver from subsection 64B16-28.141(1), Florida Administrative Code. The Board further finds that Petitioner established 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.