Fla. Admin. Code R. 64B16-30.003

Current through Reg. 50, No. 119; June 18, 2024

Section 64B16-30.003 - Citations

(1) Pursuant to section 456.077, F.S., the Board sets forth in subsection (3) of this rule, those violations for which there is no substantial threat to the public health, safety and welfare. Next to each violation is the fine to be imposed.

(2) The following violations with accompanying fines may be disposed of by citation:

(a) Practicing pharmacy as an inactive licensee. (Section 465.015(2)(b), F.S.)	Fine based on length of time in practice while inactive; $200/month or $5,000 maximum (penalty will require licensee to renew license or cease practice).
(b) Operating a pharmacy with an inactive permit. (Section 465.015(1)(a), F.S.)	$500 per month to a maximum of $5000 (penalty will require permittee to renew permit or cease practice).
(c) First time failure to complete the required continuing education during the biennial licensure period. (Section 456.072(3)(a), F.S.
Failure to complete less than 10 hours	$500
Failure to complete 10 or more hours	$1,000

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.

(d) Failure to timely pay a fine or costs imposed by a final order.	$500 per month late to a maximum of $5,000 (penalty will require permittee or licensee to also pay the original fine and/or costs).
(e) Failure to display any sign, license or permit required by statute or rule.	$500
(f) Failure to have any reference material required by statute or rule available.	$500
(g) Failure to notify the board of a change in a prescription department manager or consultant pharmacist. (Rule 64B16-27.450 or 64B16-28.501, F.A.C.)	Fine based on the length of time prior to notifying board. $200 a month to $5,000 maximum.
(h) Using in the compounding of a prescription, or furnishing upon prescription, an ingredient or article different in any manner from the ingredient or article prescribed, except as authorized in section 465.019(6) or 465.025, F.S.; or dispensing a medication with dosage instructions different in any way than prescribed, provided that the medication was not used or ingested. (Section 465.016(1)(g), F.S.)	$250 fine, Completion of an approved CE course in the prevention of medication errors of no less than 8 hours.
(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.	$100 fine plus payment of the check within 30 days.
(j) Failing to comply with the Educational course requirements for Human immunodeficiency virus and Aquired immune deficiency syndrome (HIV/AIDS), or medical errors. (Section 465.033(1), F.S.)	$500
(k) Failure to correct Minor violation as listed in rule 64B16-30.002, F.A.C.	$250
(l) First time failure to report controlled substance dispensing information to the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System. (Section 893.055(3)(a), F.S.)	$100
(m) First time (initial) failure to consult the Prescription Drug Monitoring Program Controlled Substance Dispensing Information Electronic System prior to dispensing a controlled substance. (Section 893.055(8), F.S.)	$100
(n) Failure to request photo of other verification of identity prior to dispensing a controlled substance to a person not known. (Section 465.0155(2), F.S.)	$100
(o) Failure to inform customers of less expensive drug when cost sharing obligation to customer exceeds retail price. (Section 465.0244(2), F.S.)	$100
(p) Failure to comply with pharmacist to registered pharmacist technician ratio for activities not involving sterile compounding; no injury to patient/customer. (Rule 64B16-27.410(5) or (6), F.A.C.)	$250
(q) Failure to remove from active stock and properly quarantine outdated prescription drugs. (Section 499.006(9) through 499.005(2), F.S.) (Section 499.0121(5)(a)2., F.S.) (Rule 64B16-28.110, F.A.C.)	$250

(3) Once the citation becomes a final order, the citation and complaint become a public record pursuant to chapter 119, F.S., unless otherwise exempt from the provisions thereof. The citation and complaint may be considered as aggravating circumstances in future disciplinary actions pursuant to paragraph 64B16-30.001(3)(a), F.A.C.

(4) The procedures described herein apply only for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedures of section 456.073, F.S., to be applied. In addition, should an initial offense for which a citation could be issued occur in conjunction with violations not described herein, then the procedures of section 456.073, F.S., shall apply.

Fla. Admin. Code Ann. R. 64B16-30.003

Rulemaking Authority 456.073, 456.077, 465.005 FS. Law Implemented 456.077 FS.

New 12-22-91, Formerly 21S-30.003, 61F10-30.003, 59X-30.003, Amended 4-3-00, 1-2-02, 8-26-02, 1-12-03, 2-1-12, Amended by Florida Register Volume 44, Number 177, September 11, 2018 effective 9/27/2018, Amended by Florida Register Volume 45, Number 001, January 2, 2019 effective 1/16/2019, Amended by Florida Register Volume 45, Number 054, March 19, 2019 effective 4/4/2019.

New 12-22-91, Formerly 21S-30.003, 61F10-30.003, 59X-30.003, Amended 4-3-00, 1-2-02, 8-26-02, 1-12-03, 2-1-12, 9-27-18, 1-16-19, 4-4-19.