FLORIDA BOARD OF PHARMACY

The FLORIDA BOARD OF PHARMACY is governed by the following rules:

64B16-30.001 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances.
(1) The board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners guilty of violating Chapter 465, F.S. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of particular provisions of Chapter 465, F.S. The minimum penalty range is based upon a first time single count violation of each provision listed. The maximum penalty range is based upon repeated violations of the same provision of Chapter 465, F.S., or the rules promulgated thereto. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, probation or reprimand which may be included in the final penalty at the board's discretion. Probation may be subject to conditions, including restriction from practice in certain settings, restricting the licensee to working only under designated conditions or in certain settings, requiring continuing or remedial education, or any other restriction found to be necessary for the protection of the public health, safety and welfare. In addition to any other discipline imposed under these guidelines, the board shall assess costs relating to the investigation and prosecution of the case.
(2) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon licensees and permittees for violation of the below mentioned statutes and rules:
          PENALTY RANGE
     VIOLATION     MINIMUM     MAXIMUM
     (a) Obtaining a license or          Revocation
     permit by misrepresentation
     fraud or error
     (Section 465.016(1)(a), F.S.)
     (Section 465.023(1)(a), F.S.)
     (b) Procuring a license or          Revocation
     permit through false
     representation
     (Section 465.016(1)(b), F.S.)
     (Section 465.023(1)(b), F.S.
     (c) Permitting unlicensed     $2,500 fine     $5,000 and one (1)
     persons to practice          year suspension
     pharmacy
     (Section 465.016(1)(c), F.S.)
     (d) Being unfit or          Revocation or, at
     incompetent to practice          the licensee's
     pharmacy          discretion,
     (Section 465.016(1)(d), (m), F.S.)           voluntarily
               relinquishment
               with reinstatement
               under the terms
               and conditions
               approved by the
               board
     (e) Violating laws
     governing the practice of
     pharmacy
     (Section 465.016(1)(e), F.S.)
     (Section 465.023(1)(c), F.S.)
     1. Chapter 465, F.S.:
     a. Failure to supervise     $1,500 fine and     $5,000 and one (1)
     pharmacy technician     one (1) year     year suspension
     (Section 465.014, F.S.)     probation
     b. Operating a pharmacy     $500 per month     Revocation (if no
     without a permit     to maximum of     permit exists,
     (Section 465.015(1)(a), F.S.)      $5,000 (penalty     refer to State's
          will require     Attorney)
          permittee to
          renew permit or
          cease practice)
     c. Operating a pharmacy     $5,000 fine and     $5,000 and one (1)
     where an unlicensed and     one (1) year probation     year suspension
     unsupervised person
     practices pharmacy
     (Section 465.015(1)(b), F.S.)
     d. Making a false or          Revocation
     fraudulent statement to the
     board
     (Section 465.015(2)(a), F.S.)
     e. Practicing pharmacy as an          Fine base on
     inactive licensee          length of time in
     (Section 465.015(2)(b), F.S.)          practice while
               inactive;
               $200/month or
               $5,000 maximum
               (penalty will
               require licensee
               to renew license
               or cease practice)
     f. Selling or dispensing
     drugs without a prescription
     (Section 465.015(2)(c), F.S.)
     (i) Non-scheduled legend     $1,500 fine     $5,000 and one (1)
     drugs           year suspension
     (ii) Scheduled (controlled     $5,000 fine and     Revocation
     substances) legend drugs      one (1) year probation
     g. Selling samples or          Same as violation
     complimentary drugs          of 465.015(2)(c),
     (Section 465.015(2)(d), F.S.)           F.S. (see sub-subparagraph
               64B16-30.001, F.A.C.
               (2)(e)1.f., F.A.C., above)
     h. Failure to notify the
     board of or not to have a
     prescription department
     manager or consultant
     pharmacist
     (Section 465.022(4), F.S.)
     (i) Failure to notify           Fine based on
               length of time
               prior to notifying
               board. $200 a
               month to $5,000
               maximum
               (penalty requires
               notification or
               ceasing practice)
     (ii) Failure to have     $2,5000 fine and     Revocation of permit
     prescription department     one (1) year probation
     manager or consultant
     pharmacist
     i. Failure to comply with     $1,000 fine     $2,500 fine
     required substitution of
     legend drug requirements
     (Section 465.025, F.S.)
     j. Failure to follow negative     Reprimand     $2,500 fine and
     formulary requirements          one (1) year
     (Section 465.025(6), F.S.)          probation
     64B16-27.500, F.A.C.
     k. Failure to follow     $500 fine     $1,000 fine and
     emergency prescription          one (1) year
     requirements          probation
     (Section 465.0275, F.S.)
     l. Engage in prohibited     $1,500 fine     $5,000 fine
     rebate scheme          and one (1) year
     (Section 465.185, F.S.)          probation
     m. Failure to comply with
     pharmacist dispensing
     requirements
     (Section 465.186, F.S.)
     (i) Failure to follow     Reprimand     $1,000 fine,
     procedure, but dispense          one (1) year
     drug appearing on          probation and
     formulary          suspension of
     (Section 465.186(3), F.S.)          right to dispense
     64B16-27.210, F.A.C.
     (ii) Dispensing drug not on          Same as violation of
     the formulary          465.015(2)(c), F.S.
     (Section 465.186(2), F.S.)          (see sub-subparagraph
     64B16-27.220, F.A.C.          64B16-30.001(2)(e)1.f., F.A.C.,
     64B16-27.230, F.A.C.          above)
     2. Chapter 499, F.S.
     a. Adulteration of a drug     $2,000 fine and one (1)     Revocation
     (Section 499.005(2), (3), F.S.)     year probation
     (Section 499.006, F.S.)
     b. Misbranding a drug
     (Section 499.005(2), (3), F.S.)
     (Section 499.007, F.S.)
     (i) Incomplete or inaccurate     $1,000 fine     $2,500 fine
     labeling           and one (1) year
     (Section 499.007, F.S.)          probation
     64B16-28.108, F.A.C.
     (ii) Fraudulent misbranding     One (1) year     Revocation
     of legend drugs      suspension
     (499.007, F.S.)
     3. Chapter 893, F.S.
     (Controlled substances)
     a. Filling a prescription not     $1,500 fine     $5,000 fine and one (1)
     appropriately signed          year suspension
     (Section 893.04(1)(b), F.S.)
     b. Filling an improper     $1,500 fine     $5,000 fine and
     prescription (other          one (1) year
     64B16-30.001(2)(e)3., F.A.C.          probation
     above) (893.04(1)(b), (c),
     F.S.)
     c. Failing to retain     $1,000 fine     $2,500 fine and
     prescription records for two          one (1) year
     (2) years          probation
     (Section 893.04(1)(d), F.S.)
     d. Failing to appropriately     $500 fine     $1,000 fine
     label          and one (1) year
     (Section 893.04(1)(e), F.S.)           probation
     e. Dispensing a Schedule II     $2,500 fine     $5,000 fine
     drug inappropriately with a          and one (1) year
     non-written prescription          probation (for
     (Section 893.04(1)(f), F.S.)           dispensing
               without a
               prescription see
               sub-subparagraph
               64B16-30.001, F.A.C.
               (2)(e)1.f., F.A.C., above)
     f. Inappropriate refilling of     $1,750 fine and     One (1) year
     Schedule III, IV, or V drugs     one (1) year     suspension
     (Section 893.04(1)(g), F.S.)      probation
     g. Receiving controlled     $1,500 fine     $5,000 fine and
     substances without an          one (1) year
     appropriate order form          probation
     (Section 893.06(1), F.S.)
     h. Unlawful possession of     $2,500 fine and     Revocation
     controlled substances     one (1) year
     (893.06(2), F.S.)      probation
     i. Failure to take a biennial     $1000 fine     $2,500 fine and
     inventory          one (1) year
     (893.07(1)(a), (2), (3), (4),          probation
     (5), F.S.)
     j. Failure to maintain a     $1,000 fine and     Revocation
     complete and accurate     one (1) year
     record of controlled     probation
     substances
     (893.07(1)(b), (2), (3), (4),
     (5), F.S.)

     k. Dispensing controlled     $2,500 fine and     Revocation
     substances in other than     one (1) year
     good faith     probation
     (Section 893.08(3)(b), F.S.)
     l. Inappropriate selling of     $1,500 fine and     One (1) year
     Schedule V controlled     one (1) year     suspension
     substance     probation
     (Section 893.08(3)(c), F.S.)
     m. Unlawful possession of     $2,500 fine and     Revocation
     controlled substance     one (1) year
     (Section 893.13, F.S.)      probation
     4. Violation of Federal Drug     $1,000 fine and     $5,000 fine and
     Abuse Act 21 U. S. C. 821     one (1) year     one (1) year
     et seq.      probation     suspension
     (f) Criminal conviction     Misdemeanor:     $5,000 fine, one
     related to pharmacy     $1,000 fine      (1) year
     (Section 465.016(1)(f), F.S.)          suspension and
     (Section 465.023(1)(d), F.S.)           two (2) years
               probation
          Felony: One (1)     Revocation
          year suspension,
          two (2) years
          probation &
          $5,000 fine
     (g) Using in the     $1,000 fine and     Revocation
     compounding of a     one (1) year
     prescription, or furnishing     probation
     upon prescription, an
     ingredient or article
     different in any manner
     from the ingredient or
     article prescribed, except as
     authorized in 465.019(6),
     F.S., or 465.025, F.S., or
     compounding, dispensing or
     distributing legend drugs
     outside professional practice
     of pharmacy
     (465.016(1)(g), F.S.)
     (465.016(1)(i), F.S.)
     (h) Filing a false report or
     failing to file a report
     required by law
     1. Knowing violation      $2,000 fine and     Revocation
          one (1) year
          probation
     2. Negligent violation      Reprimand     One (1) year
               probation and
               $1,000 fine
     (i) Failure to make     Letter of guidance     $1,000 fine and
     prescription price          one (1) year
     information available          probation
     (Section 465.016(1)(k), F.S.)
     (j) Improperly placing     $1,500 fine     $3,000 fine and
     returned drugs into the stock          one (1) year
     of a pharmacy          probation
     (Section 465.016(1)(l), F.S.)
     (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     $1,000 fine     One (1) year
     64B16-28.104          probation and
     64B16-27.100          $2,000 fine
     64B16-28.106
     64B16-28.107
     64B16-28.109
     64B16-27.103
     64B16-28.111
     64B16-27.104
     64B16-26.400
     64B16-26.401
     64B16-28.404
     64B16-26.301
     64B16-28.114
     64B16-27.105
     b. 64B16-28.105     Suspension until     Revocation
     (sanitation)      compliance
     c. 64B16-27.101          Same as penalty
     (counterfeit drugs)           for adulterated
               drugs (see subparagraph
               64B16-30.001(2)(e)2., F.A.C.)
     d. 64B16-28.110 (outdated     $500 fine      One (1) year
     pharmaceuticals)           probation and
               $2,000 fine (if
               drugs dispensed,
               one (1) year
               suspension)
     e. 64B16-28.112          Same as
     (violations)           underlying
               statutory or rule
               violation
     f. 64B16-26.300 (Serving as     $500 per month     One (1) year
     consultant pharmacist     up to a $5,000     suspension of
     without being licensed as a     maximum     pharmacist license
     consultant pharmacist)
     g. 64B16-28.140 and     $1,000 fine      $5,000 fine and two (2)
     64B16-28.150 (Data          years probation
     processing systems)
     h. 64B16-28.120 (Location     $1,000 fine     $5,000 fine and two (2)
     of legend drugs)           years probation
     i. 64B16-28.900,
     64B16-28.901,
     64B16-28.902 (Nuclear
     pharmacy)
     (i) Practicing nuclear     $1,000 fine and     Revocation of
     pharmacy without being     one (1) year     pharmacist's
     licensed as a nuclear     probation     license or permit
     pharmacy
     (Section 64B16-28.903, F.A.C.)
     (ii) Failure to follow     One (1) year     Revocation of
     technical requirements     probation and     license of practice
     (64B16-28.901 and     $1,000 fine     nuclear pharmacy
     64B16-28.902, F.A.C.)
     j. 64B16-28.202 and     $1,500     Revocation of
     64B16-28.203 (transfer of          permit
     prescription files and drugs)
     2. Violation of orders of     $2,500 fine and     Revocation
     Board or Department      one (1) year probation
     (l) License disciplined by          Same penalty as
     another jurisdiction          imposed in other
     (Section 465.016(1)(h), F.S.)           jurisdiction or as
               closely as possible
               to penalties set
               forth in Florida
               Statutes
     (m) Failure to comply with     $750 fine     $2,500 fine and,
     Board's rule on patient          one year probation
     counseling
     (64B16-27.800,
     64B16-27.810,
     64B16-27.820, F.A.C.)
     (n) Violation 465.018 by     Penalty as
     and through 465.016 and     closely as
     465.023      possible to those
          set forth in the
          Disciplinary
          Guidelines
     (o) Violating 456.072, F.S.
     1. Making misleading,     $2,500 fine and     $5,000 fine and
     deceptive, or fraudulent     one (1) year     one (1) year
     representations in or related     probation      suspension
     to the practice of the
     licensee's profession.
     2. Intentionally violating     $1,500 fine      $2,500 fine and
     any rule adopted by the          one (1) year
     Board or the Department, as          probation
     appropriate.
     3. Being convicted or found     Misdemeanor:     $5,000 fine and one (1)
     guilty of, or entering a plea     $1,000 fine     year suspension
     of guilty or nolo contendere to,     Felony: $3,000 fine and     Revocation
     regardless of adjudication, a     one (1) year probation
     crime in any jurisdiction
     which relates to the practice
     of, or the ability to practice,
     a licensee's profession.
     4. Failing to comply with     $500 fine     $1,000 fine
     the educational course
     requirements for human
     immunodeficiency virus and
     acquired immune deficiency
     syndrome.
     5. Having a license or the     Same penalty as
     authority to practice the     imposed in other
     regulated profession     jurisdiction or as
     revoked, suspended, or     closely as
     otherwise acted against,     possible to
     including the denial of     penalties for
     licensure, by the licensing     similar violation
     authority of any jurisdiction,
     including its agencies or
     subdivisions, for a violation
     that would constitute a
     violation under Florida law.
     The licensing authority's
     acceptance of a
     relinquishment of licensure,
     stipulation, consent order, or
     other settlement, offered in
     response to or in
     anticipation of the filing of
     charges against the license,
     shall be construed as action
     against the license.
     6. Having been found liable     $3,000 fine     $5,000 fine and six
     in a civil proceeding for          (6) month suspension
     knowingly filing a false
     report or complaint with the
     Department against another
     licensee.
     7. Attempting to obtain,     Revocation
     obtaining, or renewing a
     license to practice a
     profession by bribery, by
     fraudulent
     misrepresentation, or
     through an error of the
     Department or the Board.
     8. Except as provided in     $500 fine and     $1,000 fine and
     Section 465.016, F.S., failing     one (1) year     two (2) years
     to report to the Department     probation      probation
     any person who the licensee
     knows is in violation of this
     part, the chapter regulating
     the alleged violator, or the
     rules of the Department or
     the Board.
     9. Aiding, assisting,     $2,000 fine     $5,000 fine and
     procuring, employing, or          one (1) year suspension
     advising any unlicensed
     person or entity to practice a
     profession contrary to this
     part, the chapter regulating
     the profession, or the rules
     of the Department or the
     Board.
     10. Failing to perform any     $2,000 fine     $5,000 fine and
     statutory or legal obligation          one (1) year probation
     placed upon a licensee.
     11. Making or filing a report     $3,000 fine and     $5,000 fine and
     which the licensee knows to     two (2) years     one (1) year suspension
     be false, intentionally or     probation
     negligently failing to file a
     report or record required by
     state or federal law, or
     willfully impeding or
     obstructing another person
     to do so. Such reports or
     records shall include only
     those that are signed in the
     capacity of a licensee.
     12. Making deceptive,     $10,000 fine and     $10,000 fine and
     untrue, or fraudulent     two (2) years     one (1) year suspension
     representations in or related     probation
     to the practice of a
     profession or employing a
     trick or a scheme in or
     related to the practice of a
     profession.
     13. Exercising influence on     $3,000 fine and     $5,000 fine and
     the patient or client for the     two (2) years     one (1) year suspension
     purpose of financial gain of     probation
     the licensee or a third party.
     14. Practicing or offering to     $2,000 fine and     $5,000 fine and
     practice beyond the scope     two (2) years     one (1) year suspension
     permitted by law or     probation
     accepting and performing
     professional responsibilities
     the licensee knows, or has
     reason to know, the licensee
     is not competent to perform.
     15. Delegating or     $2,000 fine and     $5,000 fine and
     contracting for the     two (2) years     one (1) year suspension
     performance of professional     probation
     responsibilities by a person
     when the licensee
     delegating or contracting for
     performance of such
     responsibilities knows, or
     has reason to know, such
     person is not qualified by
     training, experience, and
     authorization when required
     to perform them.
     16. Violating any provision     $1,000 fine     $5,000 fine and
     of this part, the applicable          two (2) years
     professional practice act, a          probation
     rule of the Department or
     the Board, or a lawful order
     of the Department or the
     Board, or failing to comply
     with a lawfully issued
     subpoena of the
     Department.
     17. Improperly interfering     $2,500 fine and     $5,000 fine and
     with an investigation or     two (2) years     one (1) year
     inspection authorized by     probation     suspension
     statute, or with any
     disciplinary proceeding.
     18. Failing to report to the     $1,000 fine     $2,500 fine and
     board in writing within 30          one (1) year
     days after the licensee has          probation
     been convicted or found
     guilty or entered a plea of
     nolo contendere to,
     regardless of adjudication,
     a crime in any jurisdiction.
     19. Testing positive for any     $2,500 fine and     $5,000 fine and
     drug, as defined in     two (2) years     one (1) year
     Section 112.0455, F.S., on      probation     suspension
     any confirmed preemployment
     or employer ordered drug
     screening when the
     practitioner does not have
     a lawful prescription and
     legitimate medical reason
     for using such drug.
     20. Being terminated from     Suspension until successful     Revocation
     or failing to successfully     completion or receipt of written
     complete an impaired     confirmation of compliance with
     practitioners treatment     ongoing treatment and a fine of
     program     up to $1,000.
     (Section 456.072(1)(hh), F.S.)
(3) The board shall be entitled to deviate from the above-mentioned guidelines upon a showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the board prior to the imposition of a final penalty. The fact that an Administrative Law Judge of the Division of Administrative Hearings may or may not have been aware of the below-mentioned aggravating or mitigating circumstances prior to a recommendation of penalty in a Recommended Order shall not obviate the duty of the board to consider aggravating and mitigating circumstances brought to its attention prior to the issuance of a Final Order.
(a) Aggravating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the enhancement of a penalty beyond the maximum level of discipline in the guidelines shall include but not be limited to the following:

History of previous violations of the practice act and the rules promulgated thereto.
In the case of negligent acts, the magnitude and scope of the damage or potential damage inflicted upon the patient or the general public by the licensee's misfeasance.
Evidence of violation of professional practice acts in other jurisdictions wherein the licensee has been disciplined by the appropriate regulatory authority.
Violation of the provision of the practice act wherein a letter of guidance as provided in Section 456.073(3), F.S., has previously been issued to the licensee.

(b) Mitigating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the lessening of a penalty beyond the minimum level of discipline in the guidelines shall include but not be limited to the following:

In cases of negligent acts, the minor nature of the damage or potential damage to the patient's or the public's health, safety and welfare resulting from the licensee's misfeasance.
Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices his profession.
Restitution of any monetary damage suffered by the patient.
The licensee's professional standing among his peers.
Steps taken by the licensee to insure the non-occurrence of similar violations in the future including continuing education.
The degree of financial hardship incurred by a licensee as a result of the imposition of fines or the suspension of his practice.

(4) All fines imposed by the Board shall be paid within a period of thirty (30) days from the date of the final ordered entered by the Board. This time limitation may be modified by the Board for good cause shown in order to prevent undue hardship.
Specific Authority 456.072, 456.079, 465.005 FS. Law Implemented 456.072, 456.079 FS. History–New 3-1-87, Amended 5-11-88, Formerly 21S-17.001, 21S-30.001, 61F10-30.001, Amended 6-26-95, 1-30-96, Formerly 59X-30.001, Amended 12-3-97, 11-15-98, 5-3-00, 1-2-02, 11-29-06.