Chapter 465 — Chapter 465
56 sections in this chapter.
Fla. Stat. § 465.001 Short Title
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This chapter shall be known as the “Florida Pharmacy Act.”
Fla. Stat. § 465.002 Legislative findings; intent
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The Legislature finds that the practice of pharmacy is a learned profession. The sole legislative purpose for enacting this chapter is to ensure that every pharmacist practicing in this state and every pharmacy meet minimum requirements for safe practice. It is the legislative in…
Fla. Stat. § 465.003 Definitions
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As used in this chapter, the term:(1) “Acute and postacute hospital care at home” means acute and postacute health care services provided in a clinically qualified patient’s permanent residence, as defined in s. 196.012(17), through a program approved by the Centers for Medicare …
Fla. Stat. § 465.004 Board of Pharmacy
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(1) The Board of Pharmacy is created within the department and shall consist of nine members to be appointed by the Governor and confirmed by the Senate.(2) Seven members of the board must be licensed pharmacists who are residents of this state and who have been engaged in the pr…
Fla. Stat. § 465.005 Authority to make rules
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The Board of Pharmacy has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring duties upon it.
Fla. Stat. § 465.006 Disposition of fees; expenditures
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All moneys received under this chapter shall be deposited and expended pursuant to the provisions of s. 456.025. All expenditures for duties of the board authorized by this chapter shall be paid upon presentation of vouchers approved by the executive director of the board.
Fla. Stat. § 465.007 Licensure by examination
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1(1) Any person desiring to be licensed as a pharmacist shall apply to the department to take the licensure examination. The department shall examine each applicant who the board certifies has:(a) Completed the application form and remitted an examination fee set by the board not…
Fla. Stat. § 465.0075 Licensure by endorsement; requirements; fee
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The department shall issue a license by endorsement to any applicant who, upon applying to the department and remitting a nonrefundable fee set by the board in an amount not to exceed $100, the board certifies has met the requirements for licensure by endorsement under s. 456.014…
Fla. Stat. § 465.008 Renewal of license
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(1) The department shall renew a license upon receipt of the renewal application, verification of compliance with s. 465.009, and receipt of a fee set by the board not to exceed $250.(2) The department shall adopt rules establishing a procedure for the biennial renewal of license…
Fla. Stat. § 465.009 Continuing professional pharmaceutical education
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(1) No license renewal shall be issued by the department until the licensee submits proof satisfactory to the board that during the 2 years prior to her or his application for renewal the licensee has participated in not less than 30 hours of continuing professional pharmaceutica…
Fla. Stat. § 465.012 Reactivation of license; continuing education
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(1) The board shall prescribe by rule continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license shall be at least 15 classroom hours for each year the license was inactive in addition to completion…
Fla. Stat. § 465.0125 Consultant pharmacist license; application, renewal, fees; responsibilities; rules
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(1) The department shall issue or renew a consultant pharmacist license upon receipt of an initial or renewal application that conforms to the requirements for consultant pharmacist initial licensure or renewal as adopted by the board by rule and a fee set by the board not to exc…
Fla. Stat. § 465.0126 Nuclear pharmacist license; application, renewal, fees
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The department shall issue or renew a nuclear pharmacist license upon receipt of an initial or renewal application which conforms to the requirements for nuclear pharmacist initial licensure or biennial renewal as established by the board by rule and receipt of a fee established …
Fla. Stat. § 465.013 Registration of pharmacy interns
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The department shall register as pharmacy interns persons certified by the board as being enrolled in an intern program at an accredited school or college of pharmacy or who are graduates of accredited schools or colleges of pharmacy and are not yet licensed in the state. The boa…
Fla. Stat. § 465.014 Pharmacy technician
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(1) A person other than a licensed pharmacist or pharmacy intern may not engage in the practice of the profession of pharmacy, except that a licensed pharmacist may delegate to pharmacy technicians who are registered pursuant to this section those duties, tasks, and functions tha…
Fla. Stat. § 465.015 Violations and penalties
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(1) It is unlawful for any person to own, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a pharmacy:(a) Which is not registered under the provisions of this chapter.(b) In which a person not licensed as a pharmacist…
Fla. Stat. § 465.0155 Standards of practice
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(1) Consistent with the provisions of this act, the board shall adopt by rule standards of practice relating to the practice of pharmacy which shall be binding on every state agency and shall be applied by such agencies when enforcing or implementing any authority granted by any …
Fla. Stat. § 465.0156 Registration of nonresident pharmacies
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(1) Any pharmacy which is located outside this state and which ships, mails, or delivers, in any manner, a dispensed medicinal drug into this state shall be considered a nonresident pharmacy, shall be registered with the board, shall provide pharmacy services at a high level of p…
Fla. Stat. § 465.0157 International export pharmacy permit
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(1) To participate as an exporter of prescription drugs into this state under the International Prescription Drug Importation Program established in s. 499.0285, a pharmacy located outside of the United States must hold an international export pharmacy permit.(2) An international…
Fla. Stat. § 465.0158 Nonresident sterile compounding permit
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(1) In order to ship, mail, deliver, or dispense, in any manner, a compounded sterile product into this state, a nonresident pharmacy registered under s. 465.0156, or an outsourcing facility, must hold a nonresident sterile compounding permit.(2) An application for a nonresident …
Fla. Stat. § 465.016 Disciplinary actions
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(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2):(a) Obtaining a license by misrepresentation or fraud or through an error of the department or the board.(b) Procuring, or attempting to procure, a license for …
Fla. Stat. § 465.0161 Distribution of medicinal drugs without a permit
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An Internet pharmacy that distributes a medicinal drug to any person in this state without being permitted as a pharmacy under this chapter commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Fla. Stat. § 465.017 Authority to inspect; disposal
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(1) Duly authorized agents and employees of the department may inspect in a lawful manner at all reasonable hours any pharmacy, hospital, clinic, wholesale establishment, manufacturer, physician’s office, or any other place in the state in which drugs and medical supplies are com…
Fla. Stat. § 465.018 Community pharmacies; permits
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(1) Any person desiring a permit to operate a community pharmacy shall apply to the department.(2) If the board office certifies that the application complies with the laws of the state and the rules of the board governing pharmacies, the department shall issue the permit. No per…
Fla. Stat. § 465.0181 Community pharmacy permit required to dispense Schedule II or Schedule III controlled substances
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In order to dispense controlled substances listed in Schedule II or Schedule III, as provided in s. 893.03, on or after July 1, 2012, a community pharmacy permittee must be permitted pursuant to this chapter, as amended by this act, and any rules adopted thereunder.
Fla. Stat. § 465.019 Institutional pharmacies; permits
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(1) Any institution desiring to operate an institutional pharmacy shall apply to the department. If the board certifies that the application complies with the laws of the state and the rules of the board governing pharmacies, the department shall issue the permit.(2) The followin…
Fla. Stat. § 465.0193 Nuclear pharmacy permits
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Any person desiring a permit to operate a nuclear pharmacy shall apply to the department. If the board certifies that the application complies with applicable law, the department shall issue the permit. No permit shall be issued unless a duly licensed and qualified nuclear pharma…
Fla. Stat. § 465.0196 Special pharmacy permits
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Any person desiring a permit to operate a special pharmacy shall apply to the department for a special pharmacy permit. If the board certifies that the application complies with the applicable laws and rules of the board governing the practice of the profession of pharmacy, the d…
Fla. Stat. § 465.0197 Internet pharmacy permits
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(1) Any person desiring a permit to operate an Internet pharmacy shall apply to the department for an Internet pharmacy permit. If the board certifies that the application complies with the applicable laws and rules of the board governing the practice of the profession of pharmac…
Fla. Stat. § 465.022 Pharmacies; general requirements; fees
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(1) The board shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter. Such rules shall include, but shall not be limited to, rules relating to:(a) General drug safety measures.(b) Minimum standards for the physical facilities of pharma…
Fla. Stat. § 465.023 Pharmacy permittee; disciplinary action
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(1) The department or the board may revoke or suspend the permit of any pharmacy permittee, and may fine, place on probation, or otherwise discipline any pharmacy permittee if the permittee, or any affiliated person, partner, officer, director, or agent of the permittee, includin…
Fla. Stat. § 465.0235 Automated pharmacy systems used by long-term care facilities, hospices, or state correctional institutions, or for outpatient dispensing
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(1) A pharmacy may provide pharmacy services to a long-term care facility or hospice licensed under chapter 400 or chapter 429 or a state correctional institution operated under chapter 944 through the use of an automated pharmacy system that need not be located at the same locat…
Fla. Stat. § 465.024 Promoting sale of certain drugs prohibited
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(1) It is declared that the unrestricted use of certain controlled substances, causing abnormal reactions that may interfere with the user’s physical reflexes and judgments, may create hazardous circumstances which may cause accidents to the user and to others, thereby affecting …
Fla. Stat. § 465.0244 Information disclosure
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(1) Every pharmacy shall make available on its website a hyperlink to the health information that is disseminated by the Agency for Health Care Administration pursuant to s. 408.05(3) and shall place in the area where customers receive filled prescriptions notice that such inform…
Fla. Stat. § 465.025 Substitution of drugs
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(1) As used in this section:(a) “Brand name” means the registered trademark name given to a drug product by its manufacturer, labeler, or distributor.(b) “Generically equivalent drug product” means a drug product with the same active ingredient, finished dosage form, and strength…
Fla. Stat. § 465.0251 Generic drugs; removal from formulary under specified circumstances
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(1) The Board of Pharmacy and the Board of Medicine shall remove any generic named drug product from the formulary established by s. 465.025(6), if every commercially marketed equivalent of that drug product is “A” rated as therapeutically equivalent to a reference listed drug or…
Fla. Stat. § 465.0252 Substitution of interchangeable biosimilar products
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(1) As used in this section, the terms “biological product,” “biosimilar,” and “interchangeable” have the same meanings as defined in s. 351 of the federal Public Health Service Act, 42 U.S.C. s. 262.(2) A pharmacist may only dispense a substitute biological product for the presc…
Fla. Stat. § 465.0255 Expiration date of medicinal drugs; display; related use and storage instructions
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(1) The manufacturer, repackager, or other distributor of any medicinal drug shall display the expiration date of each drug in a readable fashion on the container and on its packaging. The term “readable” means conspicuous and bold.(2) Each pharmacist for a community pharmacy dis…
Fla. Stat. § 465.026 Filling of certain prescriptions
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Nothing contained in this chapter shall be construed to prohibit a pharmacist licensed in this state from filling or refilling a valid prescription which is on file in a pharmacy located in this state or in another state and has been transferred from one pharmacy to another by an…
Fla. Stat. § 465.0265 Centralized prescription filling
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(1) A pharmacy licensed under this chapter may perform centralized prescription filling for another pharmacy, provided that the pharmacies have the same owner or have a written contract specifying the services to be provided by each pharmacy, the responsibilities of each pharmacy…
Fla. Stat. § 465.0266 Common database
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Nothing contained in this chapter may be construed to prohibit the dispensing by a pharmacist licensed in this state or another state of a prescription contained in a common database, and such dispensing does not constitute a transfer as defined in s. 465.026(1)-(6), provided tha…
Fla. Stat. § 465.027 Exceptions
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(1) This chapter shall not be construed to prohibit the sale of home remedies or preparations commonly known as patents or proprietary preparations when sold only in original or unbroken packages, nor shall this chapter be construed to prevent businesses from engaging in the sale…
Fla. Stat. § 465.0275 Emergency prescription refill
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(1) In the event a pharmacist receives a request for a prescription refill and the pharmacist is unable to readily obtain refill authorization from the prescriber, the pharmacist may dispense:(a) A one-time emergency refill of up to a 72-hour supply of the prescribed medication; …
Fla. Stat. § 465.0276 Dispensing practitioner
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(1)(a) A person may not dispense medicinal drugs unless licensed as a pharmacist or otherwise authorized under this chapter to do so, except that a practitioner authorized by law to prescribe drugs may dispense such drugs to her or his patients in the regular course of her or his…
Fla. Stat. § 465.035 Dispensing of medicinal drugs pursuant to facsimile of prescription
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(1) Notwithstanding any other provision of this chapter, it is lawful for a pharmacy to dispense medicinal drugs, including controlled substances authorized under subsection (2), based on reception of an electronic facsimile of the original prescription if all of the following co…
Fla. Stat. § 465.185 Rebates prohibited; penalties
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(1) It is unlawful for any person to pay or receive any commission, bonus, kickback, or rebate or engage in any split-fee arrangement in any form whatsoever with any physician, surgeon, organization, agency, or person, either directly or indirectly, for patients referred to a pha…
Fla. Stat. § 465.186 Pharmacist’s order for medicinal drugs; dispensing procedure; development of formulary
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(1) There is hereby created a committee composed of two members of the Board of Medicine licensed under chapter 458 chosen by said board, one member of the Board of Osteopathic Medicine licensed under chapter 459 chosen by said board, three members of the Board of Pharmacy licens…
Fla. Stat. § 465.1861 Ordering and dispensing HIV infection prevention drugs
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(1) As used in this section, the term:(a) “HIV” means the human immunodeficiency virus.(b) “HIV infection prevention drug” means preexposure prophylaxis, postexposure prophylaxis, and any other drug approved by the United States Food and Drug Administration for the prevention of …
Fla. Stat. § 465.1865 Collaborative pharmacy practice for chronic health conditions
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(1) For purposes of this section, the term:(a) “Collaborative pharmacy practice agreement” means a written agreement between a pharmacist who meets the qualifications of this section and a physician licensed under chapter 458 or chapter 459 in which a collaborating physician auth…
Fla. Stat. § 465.187 Sale of medicinal drugs
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The sale of medicinal drugs dispensed upon the order of a practitioner pursuant to this chapter shall be entitled to the exemption from sales tax provided for in s. 212.08.