Florida Statute 465.016 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 465
PHARMACY

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F.S. 465.016

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 through an error of the department or the board.

(b) Procuring, or attempting to procure, a license for any other person by making, or causing to be made, any false representation.

(c) Permitting any person not licensed as a pharmacist in this state or not registered as an intern in this state, or permitting a registered intern who is not acting under the direct and immediate personal supervision of a licensed pharmacist, to fill, compound, or dispense any prescriptions in a pharmacy owned and operated by such pharmacist or in a pharmacy where such pharmacist is employed or on duty.

(d) Being unfit or incompetent to practice pharmacy by reason of:

1. Habitual intoxication.

2. The misuse or abuse of any medicinal drug appearing in any schedule set forth in chapter 893.

3. Any abnormal physical or mental condition which threatens the safety of persons to whom she or he might sell or dispense prescriptions, drugs, or medical supplies or for whom she or he might manufacture, prepare, or package, or supervise the manufacturing, preparation, or packaging of, prescriptions, drugs, or medical supplies.

(e) Violating chapter 499; 21 U.S.C. ss. 301-392, known as the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq., known as the Comprehensive Drug Abuse Prevention and Control Act; or chapter 893.

(f) Having been convicted or found guilty, regardless of adjudication, in a court of this state or other jurisdiction, of a crime which directly relates to the ability to practice pharmacy or to the practice of pharmacy. A plea of nolo contendere constitutes a conviction for purposes of this provision.

(g) 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 s. 465.019(6) or s. 465.025.

(h) Having been disciplined by a regulatory agency in another state for any offense that would constitute a violation of this chapter.

(i) Compounding, dispensing, or distributing a legend drug, including any controlled substance, other than in the course of the professional practice of pharmacy. For purposes of this paragraph, it shall be legally presumed that the compounding, dispensing, or distributing of legend drugs in excessive or inappropriate quantities is not in the best interests of the patient and is not in the course of the professional practice of pharmacy.

(j) Making or filing a report or record which the licensee knows to be false, intentionally or negligently failing to file a report or record required by federal or state law, willfully impeding or obstructing such filing, or inducing another person to do so. Such reports or records include only those which the licensee is required to make or file in her or his capacity as a licensed pharmacist.

(k) Failing to make prescription fee or price information readily available by failing to provide such information upon request and upon the presentation of a prescription for pricing or dispensing. Nothing in this section shall be construed to prohibit the quotation of price information on a prescription drug to a potential consumer by telephone.

(l) Placing in the stock of any pharmacy any part of any prescription compounded or dispensed which is returned by a patient; however, in a hospital, nursing home, correctional facility, or extended care facility in which unit-dose medication is dispensed to inpatients, each dose being individually sealed and the individual unit dose or unit-dose system labeled with the name of the drug, dosage strength, manufacturer’s control number, and expiration date, if any, the unused unit dose of medication may be returned to the pharmacy for redispensing. Each pharmacist shall maintain appropriate records for any unused or returned medicinal drugs.

(m) Being unable to practice pharmacy with reasonable skill and safety by reason of illness, use of drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. A pharmacist affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that she or he can resume the competent practice of pharmacy with reasonable skill and safety to her or his customers.

(n) Violating a rule of the board or department or violating an order of the board or department previously entered in a disciplinary hearing.

(o) Failing to report to the department any licensee under chapter 458 or under chapter 459 who the pharmacist knows has violated the grounds for disciplinary action set out in the law under which that person is licensed and who provides health care services in a facility licensed under chapter 395, or a health maintenance organization certificated under part I of chapter 641, in which the pharmacist also provides services. However, a person who the licensee knows is unable to practice medicine or osteopathic medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of a mental or physical condition, may be reported to a consultant operating an impaired practitioner program as described in s. 456.076 rather than to the department.

(p) Failing to notify the Board of Pharmacy in writing within 20 days of the commencement or cessation of the practice of the profession of pharmacy in Florida when such commencement or cessation of the practice of the profession of pharmacy in Florida was a result of a pending or completed disciplinary action or investigation in another jurisdiction.

(q) Using or releasing a patient’s records except as authorized by this chapter and chapter 456.

(r) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.

(s) Dispensing any medicinal drug based upon a communication that purports to be a prescription as defined in s. 465.003 or s. 893.02 when the pharmacist knows or has reason to believe that the purported prescription is not based upon a valid practitioner-patient relationship.

(t) Committing an error or omission during the performance of a specific function of prescription drug processing, which includes, for purposes of this paragraph:

1. Receiving, interpreting, or clarifying a prescription.

2. Entering prescription data into the pharmacy’s record.

3. Verifying or validating a prescription.

4. Performing pharmaceutical calculations.

5. Performing prospective drug review as defined by the board.

6. Obtaining refill and substitution authorizations.

7. Interpreting or acting on clinical data.

8. Performing therapeutic interventions.

9. Providing drug information concerning a patient’s prescription.

10. Providing patient counseling.

(2) The board may enter an order denying licensure or imposing any of the penalties in s. 456.072(2) against any applicant for licensure or licensee who is found guilty of violating any provision of subsection (1) of this section or who is found guilty of violating any provision of s. 456.072(1).

(3) The board shall not reinstate the license of a pharmacist, or cause a license to be issued to a person it has deemed unqualified, until such time as it is satisfied that she or he has complied with all the terms and conditions set forth in the final order and that such person is capable of safely engaging in the practice of pharmacy.

(4) The board shall by rule establish guidelines for the disposition of disciplinary cases involving specific types of violations. Such guidelines may include minimum and maximum fines, periods of supervision or probation, or conditions of probation or reissuance of a license.

History.—ss. 1, 7, ch. 79-226; ss. 13, 15, 24, 25, 30, 34, 62, ch. 80-406; s. 324, ch. 81-259; ss. 2, 3, ch. 81-318; s. 3, ch. 83-101; s. 37, ch. 83-216; ss. 32, 119, ch. 83-329; s. 1, ch. 84-364; ss. 26, 27, ch. 86-256; s. 41, ch. 88-1; s. 20, ch. 88-277; s. 2, ch. 89-77; s. 59, ch. 91-137; s. 6, ch. 91-156; s. 4, ch. 91-429; s. 45, ch. 92-149; s. 32, ch. 95-144; s. 244, ch. 97-103; s. 91, ch. 97-264; s. 119, ch. 99-397; s. 126, ch. 2000-160; s. 33, ch. 2001-277; s. 3, ch. 2004-387; s. 10, ch. 2005-240; s. 5, ch. 2008-184; s. 11, ch. 2011-141; s. 20, ch. 2016-145; s. 16, ch. 2017-41; s. 19, ch. 2022-35.

F.S. 465.016 on Google Scholar

F.S. 465.016 on Casetext

Amendments to 465.016

Arrestable Offenses / Crimes under Fla. Stat. 465.016

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 465.016.

Annotations, Discussions, Cases:

Cases Citing Statute 465.016

Total Results: 14

Sullivan v. Department of Health, Board of Chiropractic Medicine

Court: Fla. Dist. Ct. App. | Date Filed: 2004-06-16T00:00:00-07:00

Citation: 885 So. 2d 873, 2004 Fla. App. LEXIS 8396, 2004 WL 1336447

Snippet: Sections 459.015(l)(t), 461.013(l)(o), 462.14(l)(q), 465.016(1)6), 466.028(l)(p), and 474.214(l)(ff). None of

Haggerty v. Department of Business and Professional Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 1998-09-09T00:53:00-07:00

Citation: 716 So. 2d 873

Snippet: naturopathy), 463.016 (optometry), 464.018 (nursing), 465.016 (pharmacy), 467.203 (midwifery), 468.1295 (audiology

Maison Realty, Inc. v. Meredith Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-01-26T00:00:00-08:00

Citation: 633 So. 2d 27, 1994 Fla. App. LEXIS 301, 1994 WL 19641

Snippet: of Better Homes and Gardens in the amount of $64,465.16. Both parties admit this calculation is also wrong

Schram v. Department of Professional Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 1992-08-07T00:00:00-07:00

Citation: 603 So. 2d 1307, 1992 Fla. App. LEXIS 8540, 1992 WL 191171

Snippet: the matter for a possible violation of section 465.016(l)(h), Florida Statutes (1989), which provides …practice pharmacy in Florida pursuant to section 465.016(l)(h), Florida Statutes (1989). Clearly, the statutory

Florida Bar v. Neely

Court: Fla. | Date Filed: 1991-10-17T00:00:00-07:00

Citation: 587 So. 2d 465, 16 Fla. L. Weekly Supp. 681, 1991 Fla. LEXIS 1781

Snippet: McDonald, Overton, Shaw 17 October 1991 587 So. 2d 465, 16 Fla. L. Weekly Supp. 681, 1991 Fla. LEXIS 1781

Schiffman v. DEPT. OF PRO. REGULATION

Court: Fla. Dist. Ct. App. | Date Filed: 1991-06-13T00:53:00-07:00

Citation: 581 So. 2d 1375

Snippet: permanently revoke Schiffman's license. Section 465.016(4), Florida Statutes (1989),[1] authorizes the …identical to the parallel provisions of section 465.016 relating to the reinstatement of a pharmaceutical…WENTWORTH, Senior Judge, concur. NOTES [1] Section 465.016(4) provides: The board shall by rule establish…This provision is virtually identical to Section 465.016(3), Florida Statutes, (1989), relating to reinstatement… 464.018(3) in the nursing statute and section 465.016(3) in the pharmacy statute are identical, and neither

McDonald v. DEPT. OF PRO. REGULATION

Court: Fla. Dist. Ct. App. | Date Filed: 1991-06-13T00:53:00-07:00

Citation: 582 So. 2d 660

Snippet: u), 461.013(1)(p), 462.14(1)(k), 462.14(1)(q), 465.016(1)(i), 466.018(1), 466.018(2), 466.028(1)(q), 468.217

Lazarus v. Department of Professional Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 1985-12-03T00:00:00-08:00

Citation: 481 So. 2d 22, 10 Fla. L. Weekly 2674, 1985 Fla. App. LEXIS 17137

Snippet: in the course of professional practice. See § 465.016(l)(i), Fla.Stat. (1981). As a result, we are squarely…course of the professional practice of pharmacy, § 465.-016(l)(i), Fla.Stat. (1981), the evidence was sufficient

Cohn v. Dept. of Professional Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 1985-10-22T00:53:00-07:00

Citation: 477 So. 2d 1039

Snippet: conduct violated sections 465.016(1)(i) and 893.04(1), Florida Statutes (1981): 465.016 Disciplinary actions…charges Respondent with violation of Sections 465.016(1)(e), 465.016(1)(i), and 893.04(1), Florida Statutes.…uncertain standards than those contained in sections 465.016 and 893.04. E.g., Purvis v. Department of Professional…licenses. Relying upon a statute similar to section 465.016, the State Board of Health deemed this activity…Section 893.04(1), Florida Statutes. 3. Section 465.016(1)(i), Florida Statutes, prohibits a pharmacist

Federgo Discount v. Dept. of Prof. Reg.

Court: Fla. Dist. Ct. App. | Date Filed: 1984-07-10T00:53:00-07:00

Citation: 452 So. 2d 1063

Snippet: Statute Section 465.023(1)(c) and, in turn, Sections 465.016(1)(i) and 893.04, and sought to revoke their permit…Law'; or of chapter 893; ... "Section 465.016(1)(i), Florida Statutes, empowers the board to

DISTRICT SCH. BD. OF LAKE CTY. v. Talmadge

Court: Fla. | Date Filed: 1980-02-13T23:53:00-08:00

Citation: 381 So. 2d 698

Snippet: for all damages caused by the employee. Id. § 7-465. [16] Tenn. Code Ann. § 23-3322 (Cum.Supp. 1978).

White v. White

Court: Fla. | Date Filed: 1933-01-19T00:00:00-08:00

Citation: 149 So. 375, 108 Fla. 380

Snippet: People ex rel., Trainor v. Baker, 89 N.Y. 460, text 465; 16 C. J. Sec. 3122. The commitment in this case showed

Seaboard Air Line Railway Co. v. Parks

Court: Fla. | Date Filed: 1925-05-15T00:00:00-08:00

Citation: 104 So. 587, 89 Fla. 405

Snippet: case of Morse v. Minn. St. L. Ry. Co., 30 Minn. 465,, 16 N.W. Rep. 358, the court said: "A person

Battle v. Jennings Naval Stores Co.

Court: Fla. | Date Filed: 1917-06-15T00:00:00-08:00

Citation: 74 Fla. 12, 75 So. 949

Snippet: During that season the -credits amounted to *20$9,465.16 and the balance brought down on December 13, 1914