Florida Statutes Title XXXII Chapter 465 - Pharmacy

• 465.001 - Short Title.
  This chapter shall be known as the “Florida Pharmacy Act.”History.—ss. 1, 7, ch. 79-226; ss. 2, 3, ch. 81-318; ss. 26, 27, ch. 86-256; s....
• 465.002 - Legislative Findings; Intent.
  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...
• 465.003 - Definitions.
  As used in this chapter, the term:(1) “Administration” means the obtaining and giving of a single dose of medicinal drugs by a legally authorized person to...
• 465.004 - Board Of Pharmacy.
  (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...
• 465.005 - Authority To Make Rules.
  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...
• 465.006 - Disposition Of Fees; Expenditures.
  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...
• 465.007 - Licensure By Examination.
  (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...
• 465.0075 - Licensure By Endorsement; Requirements; Fee.
  (1) The department shall issue a license by endorsement to any applicant who applies to the department and remits a nonrefundable fee of not more than...
• 465.008 - Renewal Of License.
  (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...
• 465.009 - Continuing Professional Pharmaceutical Education.
  (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...
• 465.012 - Reactivation Of License; Continuing Education.
  (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...
• 465.0125 - Consultant Pharmacist License; Application, Renewal, Fees; Responsibilities; Rules.
  (1) The department shall issue or renew a consultant pharmacist license upon receipt of an initial or renewal application which conforms to the requirements for consultant...
• 465.0126 - Nuclear Pharmacist License; Application, Renewal, Fees.
  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...
• 465.013 - Registration Of Pharmacy Interns.
  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...
• 465.014 - Pharmacy Technician.
  (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...
• 465.015 - Violations And Penalties.
  (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,...
• 465.0155 - Standards Of Practice.
  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...
• 465.0156 - Registration Of Nonresident Pharmacies.
  (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...
• 465.0158 - Nonresident Sterile Compounding Permit.
  (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,...
• 465.016 - Disciplinary Actions.
  (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...
• 465.0161 - Distribution Of Medicinal Drugs Without A Permit.
  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...
• 465.017 - Authority To Inspect; Disposal.
  (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,...
• 465.018 - Community Pharmacies; Permits.
  (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...
• 465.0181 - Community Pharmacy Permit Required To Dispense Schedule II Or Schedule III Controlled Substances.
  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...
• 465.019 - Institutional Pharmacies; Permits.
  (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...
• 465.0193 - Nuclear Pharmacy Permits.
  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...
• 465.0196 - Special Pharmacy Permits.
  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...
• 465.0197 - Internet Pharmacy Permits.
  (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...
• 465.022 - Pharmacies; General Requirements; Fees.
  (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...
• 465.023 - Pharmacy Permittee; Disciplinary Action.
  (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...
• 465.0235 - Automated Pharmacy Systems Used By Long-term Care Facilities, Hospices, Or State Correctional Institutions.
  (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...
• 465.024 - Promoting Sale Of Certain Drugs Prohibited.
  (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...
• 465.0244 - Information Disclosure.
  Every pharmacy shall make available on its Internet website a link to the performance outcome and financial data that is published by the Agency for...
• 465.025 - Substitution Of Drugs.
  (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”...
• 465.0251 - Generic Drugs; Removal From Formulary Under Specified Circumstances.
  (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...
• 465.0252 - Substitution Of Interchangeable Biosimilar Products.
  (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...
• 465.0255 - Expiration Date Of Medicinal Drugs; Display; Related Use And Storage Instructions.
  (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...
• 465.026 - Filling Of Certain Prescriptions.
  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...
• 465.0265 - Centralized Prescription Filling.
  (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...
• 465.0266 - Common Database.
  Nothing contained in this chapter shall be construed to prohibit the dispensing by a pharmacist licensed in this state or another state of a prescription...
• 465.027 - Exceptions.
  This chapter shall not be construed to prohibit the sale of home remedies or preparations commonly known as patents or proprietary preparations, when such are...
• 465.0275 - Emergency Prescription Refill.
  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,...
• 465.0276 - Dispensing Practitioner.
  (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...
• 465.035 - Dispensing Of Medicinal Drugs Pursuant To Facsimile Of Prescription.
  (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...
• 465.185 - Rebates Prohibited; Penalties.
  (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...
• 465.186 - Pharmacist’s Order For Medicinal Drugs; Dispensing Procedure; Development Of Formulary.
  (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...
• 465.1862 - Pharmacy Benefits Manager Contracts.
  (1) As used in this section, the term:(a) “Maximum allowable cost” means the per-unit amount that a pharmacy benefits manager reimburses a pharmacist for a prescription drug,...
• 465.187 - Sale Of Medicinal Drugs.
  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...
• 465.188 - Medicaid Audits Of Pharmacies.
  (1) Notwithstanding any other law, when an audit of the Medicaid-related records of a pharmacy licensed under chapter 465 is conducted, such audit must be conducted...
• 465.1885 - Pharmacy Audits; Rights.
  (1) If an audit of the records of a pharmacy licensed under this chapter is conducted directly or indirectly by a managed care company, an insurance...
• 465.189 - Administration Of Vaccines And Epinephrine Autoinjection.
  (1) In accordance with guidelines of the Centers for Disease Control and Prevention for each recommended immunization or vaccine, a pharmacist, or a registered intern under...
• 465.1901 - Practice Of Orthotics And Pedorthics.
  The provisions of chapter 468 relating to orthotics or pedorthics do not apply to any licensed pharmacist or to any person acting under the supervision...

Last modified: September 23, 2016