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Florida Statute 465.016 | Lawyer Caselaw & Research
F.S. 465.016 Case Law from Google Scholar
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The 2023 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 465
PHARMACY
View Entire Chapter
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:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. Cincinnati Ins. Co. v. Quorum Mgmt. Corp.

    186 F. Supp. 3d 1307 (M.D. Fla. 2016)   Cited 4 times
    It is undisputed that Florida law provides the rule of decision for this case. And in this particular situation, Florida has a statutory scheme which defines "pharmacist" and is therefore directly applicable and persuasive. The Florida Pharmacy Act, Fla. Stat. §§ 465.001, et seq. , defines "pharmacist" to mean "any person licensed pursuant to this chapter to practice the profession of pharmacy," and defines "pharmacy" to include "every location where medicinal drugs are compounded, dispensed, stored, or sold. ..." Fla. Stat. § 465.003(10), (11). In addition, the "practice of the profession of pharmacy" is defined to include compounding. Fla. Stat. § 465.003(13). The Act also prohibits anyone who is not a licensed pharmacist, or who is not operating under the direct and immediate personal supervision of a licensed pharmacist, from compounding any prescription, Fla. Stat. § 465.015(1)(b), and provides for disciplinary actions against a pharmacist who improperly compounds a prescription. Fla. Stat. § 465.016(1)(g).
    PAGE 1317

  2. Gordon v. Beary

    Case No. 6:08-cv-73-Orl-19KRS (M.D. Fla. Aug. 6, 2008)   Cited 4 times
    To begin, the Florida appellate courts have already affirmatively answered the question of whether a law enforcement officer's briefing of the media falls within the scope of absolute privilege. Stephens, 702 So. 2d at 523. As to the other set of defamatory statements, the confluence of several Florida statutes strongly suggests that Florida law enforcement officers are authorized to report suspected criminal activity to the pharmacy board. Section 30.15(e) of the Florida Statutes invests Sheriffs with the duty of being "conservators of the peace in their counties." Section 893.04 of the Florida Statutes permits a pharmacist to prescribe controlled substances only upon "written or oral prescription of a practitioner," and section 465.016 subjects a pharmacist to disciplinary action for violating chapter 893 of the Florida Statutes. Although no Florida statute affirmatively vested Sheriff Beary and his employees with the duty to report a suspected violation of Chapter 893 to the Pharmacy Board, the courts have cautioned about the need to liberally construe a government officer's absolute immunity. See Casell, 964 So. 2d at 194. Here, the Sheriff's general duty to conserve…

  3. Sullivan v. Department of Health

    885 So. 2d 873 (Fla. Dist. Ct. App. 2004)   Cited 1 times
    72. Virtually identical grounds for denial of a license or disciplinary action in relation to "legend drugs" are found in the statutes governing osteopaths, podiatrists, naturopaths, pharmacists, dentists, and veterinarians. See respectively Sections 459.015(1)(t), 461.013(1)( o), 462.14(1)(q), 465.016(1)(i), 466.028(1)(p), and 474.214(1)(ff). None of these disciplinary statutes sets forth a separate definition of the term "legend drug."
    PAGE 875

  4. Haggerty v. Department of Business & Professional Regulation

    716 So. 2d 873 (Fla. Dist. Ct. App. 1998)   Cited 4 times
    See, e.g., §§ 457.116 (acupuncture), 458.331 (medical practice), 459.015 (osteopathy), 460.413 (chiropractic), 461.013 (podiatry), 462.14 (naturopathy), 463.016 (optometry), 464.018 (nursing), 465.016 (pharmacy), 467.203 (midwifery), 468.1295 (audiology), Fla. Stat. (1995).

  5. Schram v. Dept. of Pro. Regulation

    603 So. 2d 1307 (Fla. Dist. Ct. App. 1992)   Cited 2 times
    In fact, the Florida Board had already issued a final order on May 13, 1991, finding a default on the part of Appellant and revoking his license to practice pharmacy in Florida pursuant to section 465.016(1)(h), Florida Statutes (1989).
    PAGE 1309

  6. McDonald v. Dept. of Pro. Regulation

    582 So. 2d 660 (Fla. Dist. Ct. App. 1991)   Cited 9 times
    See, e.g., §§ 457.109(1)(j), 458.331(1)(j), 458.331(1)(q), 459.015(1)(m), 459.015(1)(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(1)(k), 468.365(1)(r), Fla. Stat. (1989).
    PAGE 664

  7. Schiffman v. Department of Professional Regulation

    581 So. 2d 1375 (Fla. Dist. Ct. App. 1991)   Cited 5 times
    This provision is virtually identical to Section 465.016(3), Florida Statutes, (1989), relating to reinstatement of pharmacists' licenses, which provides:
    PAGE 1377

  8. Lazarus v. Dept. of Prof. Regulation

    481 So. 2d 22 (Fla. Dist. Ct. App. 1986)
    Lazarus appeals the revocation of his license to practice pharmacy. This case is virtually identical in all respects with Cohn v. Department of Professional Regulation, 477 So.2d 1039 (Fla. 3d DCA 1985), except that in the present case the hearing officer made findings of fact contrary to Lazarus' position on the question of whether the prescriptions at issue were filled in good faith and in the course of professional practice. See § 465.016(1)(i), Fla. Stat. (1981). As a result, we are squarely faced with deciding whether the evidence was sufficient to support the findings. Concluding that it was, we affirm the revocation of Lazarus' license.

  9. Cohn v. Department of Professional Regulation

    477 So. 2d 1039 (Fla. Dist. Ct. App. 1985)   Cited 26 times
    120.57 Florida Statutes 465.016 465.016 893.04 Florida Statutes. 893.04 Florida Statutes, 893.04 Florida Statutes, 893.04 Florida Statutes. 465.016 Florida Statutes, 465.016 Florida Statutes, Florida Statutes, Florida Statutes, United States Code 465.016 Florida Statutes. 893.04 Florida Statutes, 1st Linda M. Rigot
    PAGE 1050

  10. Federgo Discount Center v. Department of Professional Regulation, Board of Pharmacy

    452 So. 2d 1063 (Fla. Dist. Ct. App. 1984)   Cited 6 times
    " Section 465.016(1)(i), Florida Statutes, empowers the board to take disciplinary action against a pharmacist found to have been, inter alia:

    Cases from cite.case.law:

    CINCINNATI INSURANCE COMPANY, v. QUORUM MANAGEMENT CORP. a k a J. a s o s s, 186 F. Supp. 3d 1307 (M.D. Fla. 2016)

    . . . . § 465.016(l)(g). . . .

    W. SULLIVAN, D. C. v. DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC MEDICINE,, 885 So. 2d 873 (Fla. Dist. Ct. App. 2004)

    . . . See respectively Sections 459.015(l)(t), 461.013(l)(o), 462.14(l)(q), 465.016(1)6), 466.028(l)(p), and . . .

    HAGGERTY v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 716 So. 2d 873 (Fla. Dist. Ct. App. 1998)

    . . . (chiropractic), 461.013 (podiatry), 462.14 (natu-ropathy), 463.016 (optometry), 464.018 (nursing), 465.016 . . .

    Z. SCHRAM, v. DEPARTMENT OF PROFESSIONAL REGULATION,, 603 So. 2d 1307 (Fla. Dist. Ct. App. 1992)

    . . . On September 20, 1989, DPR began investigating the matter for a possible violation of section 465.016 . . . the part of Appellant and revoking his license to practice pharmacy in Florida pursuant to section 465.016 . . .

    C. SCHIFFMAN, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF PHARMACY,, 581 So. 2d 1375 (Fla. Dist. Ct. App. 1991)

    . . . Section 465.016(4), Florida Statutes (1989), authorizes the Board of Pharmacy to establish rules containing . . . These provisions are identical to the parallel provisions of section 465.016 relating to the reinstatement . . . Section 465.016(4) provides: The board shall by rule establish guidelines for the disposition of disciplinary . . . This provision is virtually identical to Section 465.016(3), Florida Statutes, (1989), relating to reinstatement . . . The fact remains that section 464.018(3) in the nursing statute and section 465.016(3) in the pharmacy . . .

    DEPARTMENT OF PROFESSIONAL REGULATION BOARD OF PHARMACY v. GOLDSTEIN CENTER PHARMACY, 28 Fla. Supp. 2d 224 (Fla. Div. Admin. Hearings 1987)

    . . . Section 465.016(1), Florida Statutes, provides that the following acts, among others, shall be grounds . . . Count One of the Administrative Complaint in Case Number 87-3151 charges a violation of Section 465.016 . . . Count Two of the Administrative Complaint in Case Number 87-3151 charges a violation of Section 465.016 . . . Count Three of the Administrative Complaint in Case Number 87-4151 charges a violation of Section 465.016 . . . Count Four of the Administrative Complaint in Case Number 87-3151 charges a violation of Section 465.016 . . .

    LAZARUS, v. DEPARTMENT OF PROFESSIONAL REGULATION,, 481 So. 2d 22 (Fla. Dist. Ct. App. 1985)

    . . . See § 465.016(l)(i), Fla.Stat. (1981). . . .

    COHN, v. DEPARTMENT OF PROFESSIONAL REGULATION,, 477 So. 2d 1039 (Fla. Dist. Ct. App. 1985)

    . . . The Administrative Complaint filed herein charges Respondent with violation of Sections 465.016(l)(e) . . . , 465.016(l)(i), and 893.04(1), Florida Statutes. . . . Section 465.016(l)(i), Florida Statutes, prohibits a pharmacist from: (i) Compounding, dispensing, or . . . Section 465.016(l)(e), Florida Statutes, prohibits a pharmacist from: (e) Violating any of the requirements . . . testimony taken herein, there is no basis on which Respondent can be found to have violated Section 465.016 . . . .-016(l)(i) and 893.04(1), Florida Statutes (1981): 465.016 Disciplinary actions.— (1) The following . . . violations of equally, if not even more facially uncertain standards than those contained in sections 465.016 . . . The only provision even suggested by the DPR in this respect is the portion of section 465.016(l)(i), . . .

    FEDERGO DISCOUNT CENTER, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF PHARMACY,, 452 So. 2d 1063 (Fla. Dist. Ct. App. 1984)

    . . . “Section 465.016(l)(i), Florida Statutes, empowers the board to take disciplinary action against a pharmacist . . .