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Are you being investigated as a pharmacist for selling or dispensing drugs without a prescription?

October 10, 2015
Est read time: 4 minutes

Have you received an administrative complaint against your pharmacy license for selling or dispensing drugs without a prescription? If you have, it is very important that you contact an experienced health care attorney to go over the charges. These charges are serious and can have a negative impact on your license and your ability to practice as a pharmacist in Florida.

The Law

The law states that disciplinary action can be taken against your license if you sell or dispense drugs without a prescription. Florida law on point here is Florida Statute 465.015(2)(c). That statute says the following in particular:

(2) It is unlawful for any person:

(c) To sell or dispense drugs as defined in s. 465.003(8) without first being furnished with a prescription.

465.003(8) says the following:

(8) “Medicinal drugs” or “drugs” means those substances or preparations commonly known as “prescription” or “legend” drugs which are required by federal or state law to be dispensed only on a prescription, but shall not include patents or proprietary preparations as hereafter defined.

The statute makes clear that it is unlawful for any person to sell or dispense drugs defined as prescription drugs without a prescription. It is important to note that federal or state law can determine what a prescription is. If you have had complaints made against your license for violation of this statute, you should contact an experienced health care attorney immediately to go over your options. There can be severe repercussions for you if you wait.

Penalties

There are a range of actions that can be taken against you should the Board of Pharmacy decide to take disciplinary action against you. The penalties you could face are found in the Disciplinary Guidelines for the Board of Pharmacy, particularly in Rule 64B16-30.001 in the Florida Administrative Code. The rule states the following for disciplinary guidelines for violation of the statute:

MINIMUM, including first time and single count violations:MAXIMUM, including multiple or repeated violations of the same provision:
Non-Scheduled Legend Drugs$1,500 fine.$5,000 fine and one (1) year probation, to Revocation.
Scheduled (Controlled Substances) Legend Drugs$5,000 fine and (1) year probation.$10,000 fine and one (1) year suspension followed by one (1) year probation, to Revocation.

The disciplinary guidelines are broken down between non-scheduled prescription drugs and scheduled prescription drugs, otherwise known as non-controlled substances and controlled substances. For non-scheduled legend drugs, you could face a minimum of a $1,500 fine. It is possible also, especially if this has happened before, that you face a $5,000 fine and one year probation, if not worse, having your license revoked. For scheduled legend drugs, the minimum penalty is a $5,000 fine and one year of probation. The penalty are basically double that on the maximum range as you could face a $10,000 fine, one year suspension, followed by one year of probation, or your license could be revoked. This is very serious. You should also be aware that these are guidelines that the board should follow in handing out discipline, but are not set in stone, and can be accompanied by other penalties or deviated from. These penalties can be found in Florida Statute 456.072(2), which you should review with your health care attorney.

Aggravating/Mitigating Circumstances

The board hearing your case can take into account various factors that could affect the discipline you receive. These factors are called aggravating and mitigating circumstances. Aggravating circumstances are factors that can hurt your case. If aggravating circumstances are proven you could face harsher penalties. Mitigating circumstances are factors that can help your case. If mitigating circumstances are proven you could face lesser penalties. These factors can also be found in rule 64B16-30.001 in the Florida Administrative Code. If either side can prove with clear and convincing evidence the aggravating or mitigating circumstances, the discipline you face could be altered by the board. Here are the factors:

(a) Aggravating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the enhancement of a penalty beyond the maximum level of discipline in the guidelines shall include but not be limited to the following:

  1. History of previous violations of the practice act and the rules promulgated thereto.
  2. In the case of negligent acts, the magnitude and scope of the damage or potential damage inflicted upon the patient or the general public by the licensee’s misfeasance.
  3. Evidence of violation of professional practice acts in other jurisdictions wherein the licensee has been disciplined by the appropriate regulatory authority.
  4. Harm occurred.

(b) Mitigating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the lessening of a penalty beyond the minimum level of discipline in the guidelines shall include but not be limited to the following:

  1. In cases of negligent acts, the minor nature of the damage or potential damage to the patient’s or the public’s health, safety, and welfare resulting from the licensee’s misfeasance.
  2. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices his profession.
  3. Restitution of any monetary damage suffered by the patient.
  4. The licensee’s professional standing among his peers.
  5. Steps already taken by the licensee to insure the non-occurrence of similar violations in the future, including continuing education.
  6. The degree of financial hardship incurred by a licensee as a result of the imposition of fines or the suspension of his practice.

The board can take into account any of these factors, or other factors, in your hearing. The board can deviate from the standard disciplinary guidelines if they find that any of these aggravating or mitigating circumstances exist. These are very important factors that you should discuss with your health care attorney.

Conclusion

If you are a licensed health care professional in Florida and have received an administrative complaint for violation of the statutes, you are probably concerned about how this may affect your license.  To set up a FREE no obligation consultation with Jeff Howell contact the law firm of Howell, Buchan & Strong, Attorneys at Law at 850-877-7776.  We represent licensed health care professionals and facilities statewide, including out of state clients who are concerned about the status of their Florida license.

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Contact the law firm of Howell, Buchan & Strong at 850-877-7776 to set up a FREE no-obligation consultation. Our firm represents physicians, nurses, psychologists, and other licensed professionals statewide.
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