Florida Statute 465.017 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 465
PHARMACY

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F.S. 465.017

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, physician’s office, or any other place in the state in which drugs and medical supplies are compounded, manufactured, packed, packaged, made, stored, sold, offered for sale, exposed for sale, or kept for sale for the purpose of:

(a) Determining if any provision of this chapter or any rule adopted under its authority is being violated;

(b) Securing samples or specimens of any drug or medical supply after paying or offering to pay for such sample or specimen; or

¹(2) Duly authorized agents and employees of the department may inspect a nonresident pharmacy registered under s. 465.0156 or a nonresident sterile compounding permittee under s. 465.0158 pursuant to this section. The costs of such inspections shall be borne by such pharmacy or permittee.

(3) Except as permitted by this chapter, and chapters 406, 409, 456, 499, and 893, records maintained in a pharmacy relating to the filling of prescriptions and the dispensing of medicinal drugs may be furnished only to the patient for whom the drugs were dispensed, or her or his legal representative, or to the department pursuant to existing law, or, if the patient is incapacitated or unable to request such records, her or his spouse except upon the written authorization of such patient.

(a) Such records may be furnished in any civil or criminal proceeding, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice to the patient or her or his legal representative by the party seeking such records.

(b) The board shall adopt rules establishing practice guidelines for pharmacies to dispose of records maintained in a pharmacy relating to the filling of prescriptions and the dispensing of medicinal drugs. Such rules must be consistent with the duty to preserve the confidentiality of such records in accordance with applicable state and federal law.

History.—ss. 1, 7, ch. 79-226; ss. 2, 3, ch. 81-318; ss. 1, 2, ch. 85-151; ss. 26, 27, ch. 86-256; s. 59, ch. 91-137; s. 6, ch. 91-156; s. 4, ch. 91-429; s. 125, ch. 94-218; s. 245, ch. 97-103; s. 127, ch. 2000-160; s. 1, ch. 2003-166; s. 4, ch. 2014-148; s. 3, ch. 2019-99.

¹Note.—Section 11, ch. 2019-99, which was codified as s. 499.02851, provides in part that “[i]mplementation of sections 2 through 10 of this act is contingent upon authorization granted under federal law, rule, or approval.” If the contingency occurs, subsection (2), as amended by s. 3, ch. 2019-99, will read:

(2) Duly authorized agents and employees of the department may inspect a nonresident pharmacy registered under s. 465.0156, an international export pharmacy permittee under s. 465.0157, or a nonresident sterile compounding permittee under s. 465.0158 pursuant to this section. The costs of such inspections shall be borne by such pharmacy or permittee.

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Amendments to 465.017

Arrestable Offenses / Crimes under Fla. Stat. 465.017

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 465.017.

Annotations, Discussions, Cases:

Cases Citing Statute 465.017

Total Results: 9

Hendley v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-02-18T00:00:00-08:00

Citation: 58 So. 3d 296, 2011 WL 561407

Snippet: Mr. Hendley’s argument under section 465.017(2)(a). Section 465.017(2)(a) provides in pertinent part as…Associates in violation of sections 395.3025(4)(d) and 465.017(2)(a), Florida Statutes (2008), without first obtaining…notice to him under sections 395.3025(4)(d) and 465.017(2)(a). Thus the circuit court erred in denying …court addressed the interplay between sections 465.017 and 893.07 and concluded that section 893.07(4)

State v. Tamulonis

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-09T00:00:00-07:00

Citation: 39 So. 3d 524, 2010 Fla. App. LEXIS 10025, 2010 WL 2696288

Snippet: motion for rehearing, the State argued that section 465.017(2)(a), Florida Statutes (2007 & 2008), when…licensed and regulated under chapter 465. Section 465.017(2)(a) provides: Except as permitted by this chapter

State v. Carter

Court: Fla. Dist. Ct. App. | Date Filed: 2009-11-30T00:00:00-08:00

Citation: 23 So. 3d 798, 2009 Fla. App. LEXIS 18194, 2009 WL 4111210

Snippet: 449 So.2d 413, 414 (Fla. 2d DCA 1984). Section 465.017(2)(a), Florida Statutes, specifically addresses…permitted by" chapter 893, Florida Statutes. § 465.017(2)(a), Fla. Stat. The records at issue were obtained

Florida Bar Re: Amendment to Florida Rules of Judicial Administration

Court: Fla. | Date Filed: 1992-10-08T00:00:00-07:00

Citation: 609 So. 2d 465, 17 Fla. L. Weekly Supp. 637, 1992 Fla. LEXIS 1743, 1992 WL 275890

Snippet: McDonald, Overton, Shaw 8 October 1992 609 So. 2d 465, 17 Fla. L. Weekly Supp. 637, 1992 Fla. LEXIS 1743,

Dowling v. State

Court: Fla. | Date Filed: 1992-10-08T00:00:00-07:00

Citation: 605 So. 2d 465, 17 Fla. L. Weekly Supp. 613, 1992 Fla. LEXIS 1710, 1992 WL 275898

Snippet: McDonald, Overton, Shaw 8 October 1992 605 So. 2d 465, 17 Fla. L. Weekly Supp. 613, 1992 Fla. LEXIS 1710,

Ago

Court: Fla. Att'y Gen. | Date Filed: 1984-04-01T23:53:00-08:00

Snippet: 452 U.S. 594 (1981). Compare, e.g., ss 455.243, 465.017, F.S.; Olson v. State,287 So.2d 313 (Fla. 1973)

Cushing v. DEPT. OF PROF. REG., ETC.

Court: Fla. Dist. Ct. App. | Date Filed: 1982-07-06T00:53:00-07:00

Citation: 416 So. 2d 1197

Snippet: Department of Professional Regulation pursuant to Secs. 465.017, 893.09(1) and 893.07(4), Fla. Stat. (1979) revealed

Cushing v. Department of Professional Regulation, Board of Dentistry

Court: Fla. Dist. Ct. App. | Date Filed: 1982-07-06T00:00:00-07:00

Citation: 416 So. 2d 1197, 1982 Fla. App. LEXIS 20533

Snippet: Department of Professional Regulation pursuant to Sees. 465.017, 893.09(1) and 893.-07(4), Fla.Stat. (1979) revealed

Ago

Court: Fla. Att'y Gen. | Date Filed: 1980-11-23T23:53:00-08:00

Snippet: 827.09(6).Cf. the language of ss. 458.341 and 465.017, F. S. No exception having been provided in s.