Fla. Admin. Code Ann. R. 64B16-27.104 - Conduct Governing Pharmacists and Pharmacy Permittees
(1) A pharmacist or pharmacy shall be
permitted to advertise medicinal drugs other than those controlled substances
specified in Chapter 893, F.S., and patent and proprietary preparations so long
as such advertising is not false, misleading or deceptive.
(2) No pharmacist, employer or employee of a
pharmacy shall maintain a location, other than a pharmacy for which a permit
has been issued by the Florida Board of Pharmacy, from which to solicit, accept
or dispense prescriptions.
(3) No
pharmacist or pharmacy, or employee or agent thereof, shall enter into or
engage in any agreement or arrangement with any physician or other practitioner
or nursing home or extended care facility for the payment or acceptance of
compensation in any form or type for the recommending of the professional
services of either; or enter into a rebate or percentage rental agreement of
any kind, whereby in any way a patient's free choice of a pharmacist or
pharmacy is or may be limited.
(4)
No pharmacist, employer or employee of a pharmacy may knowingly place in stock
of any pharmacy any part of any prescription compounded for, or dispensed to,
any customer of any pharmacy and returned by said customer, unless otherwise
permitted by Rule 64B16-28.118, F.A.C.
(5) Pursuant to Section
465.018, F.S., a permit for a
community pharmacy may not be issued unless a licensed pharmacist is designated
as the prescription department manager responsible for maintaining all drug
records, providing for the security of the prescription department and
following such other rules as relate to the practice of the profession of
pharmacy. The Board shall not register a prescription department manager as the
manager of more than one pharmacy. The Board shall grant an exception to this
requirement upon application by the permittee and the prescription department
manager showing circumstances such as proximity of permits and limited
pharmacist workload that would allow the manager to carry out all duties and
responsibilities required of a prescription department
manager.
Notes
Rulemaking Authority 465.005, 465.0155, 465.018, 465.022 FS. Law Implemented 465.018, 465.022, 465.024 FS.
New 10-20-81, Formerly 21S-1.20, 21S-1.020, Amended 7-30-91, Formerly 21S-27.104, 61F10-27.104, 59X-27.104, Amended 11-18-07.
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