PENALTY RANGE

VIOLATION

MINIMUM

MAXIMUM

(a) Obtaining a license by misrepresentation fraud or error

(Section 465.016(1)(a), F.S.)

(Section 465.023(1)(a), F.S.)

Revocation

Revocation

(b) Procuring a license through false representation

(Section 465.016(1)(b), F.S.)

(Section 465.023(1)(b), F.S.)

Revocation

Revocation

(c) Permitting unlicensed persons to practice pharmacy

(Section 465.016(1)(c), F.S.)

$2,500 fine and 12 hours Laws & Rules course or Multistate Pharmacy Jurisprudence Exam

(MPJE)

Revocation $5,000 and one (1) year suspension year suspension

(d) Being unfit or incompetent to practice pharmacy

(Section 465.016(1)(d), (m), F.S.)

$250 fine, indefinite suspension with PRN review and board appearance

Revocation or, at the licensee’s discretion, voluntarily relinquishment with reinstatement under the terms and conditions approved by the board

(e) Violating laws governing the practice of pharmacy

(Section 465.016(1)(e), F.S.)

(Section 465.023(1)(c), F.S.)

1. Chapter 465, F.S.:

a. Failure to supervise pharmacy technician

(Section 465.014, F.S.)

$250 1,500 fine and one (1) year probation and 12 hour Laws & Rules Course or MPJE

Revocation $5,000 and one (1) year suspension

b. Operating a pharmacy without a permit

(Section 465.015(1)(a), F.S.)

$500 per month to maximum of $5,000 (penalty will require permittee to renew permit or cease practice)

Revocation (if no permit exists, refer to State’s Attorney)

c. Operating a pharmacy where an unlicensed and unsupervised person practices pharmacy

(Section 465.015(1)(b), F.S.)

$5,000 fine and one (1) year probation

Revocation $5,000 and one (1) year suspension

d. Making a false or fraudulent statement to the board

(Section 465.015(2)(a), F.S.)

$5,000 fine

Revocation

e. Practicing pharmacy as an inactive licensee

(Section 465.015(2)(b), F.S.)

Fine based on length of time in practice while inactive;

$500 $200/month

Revocation or $5,000 maximum (penalty will require license to renew license or cease practice)

f. Selling or dispensing drugs without a prescription

(Section 465.015(2)(c), F.S.)

(i) Non-scheduled legend drugs

$1,500 fine

Revocation $5,000 and one (1) year suspension

(ii) Scheduled (controlled substances) legend drugs

$5,000 fine and one (1) year probation

Revocation

g. Selling samples or complimentary drugs

(Section 465.015(2)(d), F.S.)

Same as violation of 465.015 (2)(c) F.S. (see sub-subparagraph 64B16-30.001, F.A.C. (2)(e)1.f., F.A.C., above)

(i) Non-scheduled legend drugs

$1,500 fine

Revocation

(ii) Scheduled (controlled Substances) legend drugs

$5,000 fine and one (1) year probation

Revocation

h. Failure to notify the board of or not to have a prescription department manager or consultant pharmacist Sections 465.018, .019, .0193, .0196, or .0197, F.S.

(Section 465.022(4), F.S.)

(i) Failure to notify

Section 465.018, F.S.

Fine based on length of time prior to notifying board. $500 $200 per month

$7,500 $5,000 maximum (penalty requires notification or ceasing practice)

(ii) Failure to have prescription department manager or consultant pharmacist of record

Fine based on length of time prior to notifying board, $750 per month and one (1) year probation $2,500 fine and one (1) year probation

Revocation of permit

i. Failure to comply with required substitution of legend drug requirements (Section 465.025, F.S.)

$500 fine and 12 hour Laws & Rules Course or MPJE. $1,000 fine

$2,500 fine

j. Failure to follow negative formulary requirements (Section 465.025(6), F.S.) 64B16-27.500, F.A.C.

$1000 fine and 12 hours Laws & Rules Course or MPJE

Reprimand

$2,500 fine and one (1) year probation

k. Failure to follow emergency prescription requirements

(Section 465.0275, F.S.)

$500 fine

$1,000 fine and one (1) year probation

l. Engage in prohibited rebate scheme

(Section 465.185, F.S.)

$1,500 fine

Revocation $5,000 fine and one (1) year probation

m. Failure to comply with pharmacist dispensing requirements (Section 465.186, F.S.)

(i) Failure to follow procedure, but dispense drug appearing on formulary (Section 465.186(3), F.S.)

64B16-27.210, F.A.C.

$500 fine Reprimand

$1,000 fine, one (1) year probation and suspension of right to dispense

(ii) Dispensing drug not on the formulary

(Section 465.186(2), F.S.) 64B16-27.220, F.A.C. 64B16-27.230, F.A.C.

$1,500 fine

Revocation Same as violation of 465.015(2)(c), F.S. (see sub-subparagraph 64B16-30.001 (2)(e)1.f., F.A.C., above)

n. Committing error or omission in performance of a

specific function of prescription drug processing

(Section 465.016(1)(t), F.S.

2. Chapter 499, F.S.

$250

Revocation

a. Adulteration of a drug (Section 499.005(2), (3), F.S.)

(Section 499.006, F.S.)

$1,000 fine $2,000 fine and one (1) year probation

Revocation

b. Misbranding a drug (Section 499.005(2), (3), F.S.)

(Section 499.007, F.S.)

(i) Incomplete or inaccurate labeling (Section 499.007, F.S.)

64B16-28.108, F.A.C.

$250 $1,000 fine and 12 hour Laws & Rules Course or MPJE

$2,500 fine and one (1) year probation

(ii) Fraudulent misbranding of legend drugs

(499.007, F.S.)

$2,500 fine and One (1) year suspension

Revocation

c. Prescriptions Drug Pedigree

$500 fine and 12 hour Laws & Rules Course or MPJE

Revocation

d. Recordkeeping requirement

$500 fine and 12 hour Laws& Rules Course or MPJE

Revocation

e. Storage of drugs

$500 fine and 12 hour Laws & Course or MPJE

Revocation

3. Chapter 893, F.S. (Controlled substances)

a. Filling a prescription for controlled substances that does not meet the requirements of Chapter 893, F.S.

$1,500

$5,000 fine and one (1) probation

a. Filling a prescription not appropriately signed

(Section 893.04(1)(b), F.S.)

$1,500 fine

$5,000 fine and one (1) year suspension

b. Filling an improper prescription (other64B16-30.001(2)(e)3., F.A.C.

64B16-30.001(2)(e)3., F.A.C. above) (893.04(1)(b), (c), F.S.)

b.c. Failing to retain prescription records for two (2) years

(Section 893.04(1)(d), F.S.)

$1,000 fine

Revocation $2,500 fine and one (1) year probation

c.d. Failing to appropriately label

(Section 893.04(1)(e), F.S.)

$250 500 fine and 12 hour Laws & Rules course or MPJE

$2,500 $1,000 fine and one (1) year probation

d.e. Dispensing a Schedule II drug inappropriately with a non-written prescription

(Section 893.04(1)(f), F.S.)

$5,000 $2,500 fine and one (1) year probation

Revocation $5,000 fine and one (1) year probation (for dispensing without a prescription see sub-subparagraph 64B16-30.001, F.A.C. (2)(e)1.f., F.A.C., above)

e.f. Inappropriate refilling of Schedule III, IV, or V drugs

(Section 893.04(1)(g), F.S.)

$1,750 fine and one (1) year probation

One (1) year suspension

f.g. Receiving controlled substances without an appropriate order form

(Section 893.06(1), F.S.)

$2,500 $1,500 fine

Revocation $5,000 fine and one (1) year probation

g.h. Unlawful possession of controlled substances (893.06(2), F.S.)

$2,500 fine and one (1) year probation

Revocation

h.i. Failure to take a biennial inventory

(893.07(1)(a), (2), (3), (4), (5), F.S.)

$1000 fine

$2,500 fine and one (1) year probation

i.j. Failure to maintain a complete and accurate record of controlled substances

(893.07(1)(b), (2), (3), (4), (5), F.S.)

$1,000 fine and one (1) year probation

Revocation

j.k. Dispensing controlled substances in other than good faith

(Section 893.08(3)(b), F.S.)

$5,000 $2,500 fine and one (1) year probation

Revocation

k.l. Inappropriate selling of Schedule V controlled substance

(Section 893.08(3)(c), F.S.)

$1,500 fine and one (1) year probation

One (1) year suspension

l.m. Unlawful possession of controlled substance

(Section 893.13, F.S.)

$5,000 $2,500 fine and two (2) one (1) years probation

Revocation

4. Violation of Federal Drug Abuse Act 21 U. S. C. 821 et seq.

$500 $1,000 fine and one (1) year probation

Revocation $5,000 fine and one (1) year suspension

(f) Criminal conviction related to pharmacy

(Section 465.016(1)(f), F.S.)

(Section 465.023(1)(d), F.S.)

Misdemeanor:

$1,000 fine

$5,000 fine, one(1) year suspension and two (2) years probation

(i) Misdemeanor

$1,000 fine

Revocation

(ii) Felony:

One (1) year suspension, two (2) years probation & $5,000 fine

Revocation

(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 465.019(6), F.S., or 465.025, F.S., or compounding, dispensing or distributing legend drugs outside professional practice of pharmacy

(465.016(1)(g), F.S.)

(465.016(1)(i), F.S.)

$250 fine and complete approved CE course in the prevention of medication errors of no less than eight (8) hours $1,000 fine and one (1) year probation

Revocation

(h) Filing a false report or failing to file a report required by law

1. Knowing violation

$2,000 fine and one (1) year probation

Revocation

2. Negligent violation

Reprimand

One (1) year probation and $1,000 fine

(i) Failure to make prescription price information available

(Section 465.016(1)(k), F.S.)

$250 fine and 12 hour Laws & Rules Course or MPJE

Letter of guidance

$1,000 fine and one (1) year probation

(j) Improperly placing returned drugs into the stock of a pharmacy

(Section 465.016(1)(l), F.S.)

$1,500 fine

$3,000 fine and one (1) year probation

(k) Violating a rule or order of the board or Department

(Section 465.016(1)(n), F.S.)

1. Rules of Board of Pharmacy

a. 64B16-28.101 to

64B16-28.1035104

64B16-27.100

64B16-28.106

64B16-28.107

64B16-28.109

64B16-27.103

64B16-28.111

64B16-27.104

64B16-26.400

64B16-26.2032401

64B16-28.1081404

64B16-26.301

64B16-28.114

64B16-27.105

64B16-27.211

64B16-28.113

64B16-28.2021

64B16-28.603

All other rules

$500 $1,000 fine and 12 hour Laws & Rules or MPJE

One (1) year probation and $2,000 fine

b. 64B16-28.102105 (sanitation)

Suspension until compliance

Revocation

c. 64B16-27.101(counterfeit drugs)

$1,000 fine for dispensing

Revocation Same as penalty for adulterated drugs (see subparagraph 64B16-30.001(2)(e)2., F.A.C.)

d. 64B16-28.110 (outdated pharmaceuticals)

$500 fine for possession $1,000 fine for dispensing

Revocation One (1) year probation and $2,000 fine (if drugs dispensed, one (1) year suspension)

e. 64B16-28.301, 64B16-28.303 (destruction of controlled substances) 64B16-28.112 (violations)

$500 fine and 12 hour laws and rules or MPJE

Revocation Same as underlying statutory or rule violation

f. 64B16-26.300 (Serving as consultant pharmacist without being licensed as a consultant pharmacist)

$500 per month up to a $5,000 fine maximum (fine based upon the length of time the person is serving as a consultant without being licensed as a consultant pharmacist

Revocation One (1) year suspension of pharmacist license

g. 64B16-28.140 and 64B16-28.150 (Data processing systems)

$1,000 fine

Revocation $5,000 fine and two (2) years probation

h. 64B16-28.120 (Location of legend drugs)

$1,000 fine

Revocation $5,000 fine and two (2) years probation

i. Tendering a check payable to the Board of Pharmacy or to the Department of Health that is dishonored by the institution upon which it is drawn

64B16-28.900,

64B16-28.901,

64B16-28.902 (Nuclear pharmacy)

$500 and 12 hours Laws and Rules or MJPE

$1000 fine plus payment of the check within 30 days

j.(i) Practicing nuclear pharmacy without being licensed as a nuclear pharmacist pharmacy (Section 64B16-26.303 28.903, F.A.C.)

$500 per month up to $5000 fine (fine based upon the length of time the person is practicing without being licensed as a nuclear pharmacist) $1,000 fine and one (1) year probation

Revocation of pharmacist’s license or permit

k.(ii) Failure to follow technical requirements (64B16-28.901 and 64B16-28.902, F.A.C.)

One (1) year probation and $1,000 fine

Revocation of license of practice nuclear pharmacy

l.j. 64B16-28.202 and 64B16-28.203 (transfer of prescription files and drugs)

$1,500

Revocation of permit

m. Failure to complete the required continuing education during the biennial licensure period.

1. Failure to complete less than ten (10) hours

$500

$1,500

2. Failure to complete ten (10) or more hours

In addition, licensees shall take two additional hours of continuing education for each of the continuing education deficiencies. Said hours shall not count for continuing education renewal requirements for the next biennium.

$1,000

$2,500

n. Failure to maintain program requirements for certification, training, or continuing education programs or providers.

$500

Revocation

o. Failure to retain continuing education records

$250

$1,500

p. Failure to practice in accordance with established practice standards

1. Pharmacist

$500

Revocation

2. Pharmacy Technician

$250

Revocation

3. Pharmacy Intern

$250

Revocation

4. Permittee

$500

Revocation

q. Failure to have current policies and procedures

$500

Revocation

r. Failure to have or maintain standards for an automated fill system in a community pharmacy

$500 and 12 hours Laws & Rules MJPE

Revocation

s. Failure to have or maintain standards for an institutional, special, or central fill pharmacy

$500 and 12 hour Laws & Rules or MJPE

Revocation

t. Failure to maintain standards for animal control shelters.

$500

Revocation

2. Violation of orders of Board or Department

$2,500 fine and one (1) year probation

Revocation

(l) License disciplined by another jurisdiction (Section 465.016(1)(h), F.S.)

Same penalty as imposed in other jurisdiction or as closely as possible to penalties set forth in Florida Statutes

(m) Failure to comply with the Board’s rule on patient counseling (64B16-27.800, 64B16-27.810, 64B16-27.820)

$750 fine

$2,500 fine and one year probation

(n) Violation 465.018 by and through 456.016 and 465.023, F.S.

Penalty as closely as possible to those set forth in the Disciplinary Guidelines

Penalty as closely as possible to those set forth in the Disciplinary Guidelines

(o) Violating 456.072, F.S.

1. Making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession.

$1,500 $2,500 fine and one (1) year probation

Revocation $5,000 fine and one (1) year probation

2. Intentionally violating any rule adopted by the Board or the Department, as appropriate.

$2,500 $1,500 fine and two (2) one (1) years probation

Revocation $2,500 fine and one (1) year probation

3. Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession.

Misdemeanor:

$1,000 fine

Felony: $3,000 fine and one (1) year probation

$5,000 fine and one (1) year suspension

(i) Misdemeanor

$1,000 fine

Revocation

(ii) Felony

$3,000 fine and one (1) year probation

Revocation

4. Failing to comply with the educational course requirements for human immunodeficiency virus and acquired immune deficiency syndrome, or medical errors

$500 fine

$1,000 fine

5. Having a license or the authority to practice the regulated profession revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law. The licensing authority’s acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license.

Same penalty as imposed in other jurisdiction or as closely as possible to penalties for similar violation

Same penalty as imposed in other jurisdiction or as closely as possible to penalties for similar violation

6. Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the Department against another licensee.

$3,000 fine

Revocation $5,000 fine and six (6) month suspension

7. Attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the Department or the Board

Revocation or denial of license application

8. Except as provided in Section 456.016, F.S., failing to report to the Department any person who the licensee knows is in violation of this part, the chapter regulating the alleged violator, or the rules of the Department or the Board.

$500 fine and one (1) year probation

Revocation $1,000 fine and two (2) years probation

9. Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this part, the chapter regulating the profession, or the rules of the Department or the Board

$2,000 fine

Revocation $5,000 fine and one (1) year suspension

10. Failing to perform any statutory or legal obligation placed upon the licensee

$2,000 fine

Revocation $5,000 fine and one (1) year probation

11. Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so. Such reports or records shall include only those that are signed in the capacity of a licensee.

$2,500 $3,000 fine and two (2) years probation

Revocation $5,000 fine and one (1) year suspension

12. Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or a scheme in or related to the practice of a profession.

$10,000 fine and two (2) years probation

Revocation $10,000 fine and one (1) year suspension

13. Exercising influence on the patient or client for the purpose of financial gain or the licensee or a third party

$3,000 fine and two (2) years probation

Revocation $5,000 fine and one (1) year suspension

14. Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform.

$2,000 fine and two (2) years probation

Revocation $5,000 fine and one (1) year suspension

15. Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them.

$2,000 fine and two (2) years probation

Revocation $5,000 fine and one (1) year suspension

16. Violating any provision of this part, the applicable professional practice act, a rule of the Department or the Board, or a lawful order of the Department or the Board, or failing to comply with a lawfully issued subpoena of the Department

$1,000 fine

Revocation $5,000 fine and two (2) years probation

17. Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding

$2,500 fine and two (2) years probation

Revocation $5,000 fine and one (1) year suspension

18. Failing to report to the Board in writing within 30 days after the licensee has been convicted or found guilty or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction.

$1,000 fine

Revocation $2,500 fine and one (1) year probation

19. Testing positive for any drug, as defined in Section 112.0455, F.S., on any confirmed preemployment or employer ordered drug screening when the practitioner does not have a lawful prescription and legitimate medical reason for using such drug.

$1,500 $2,500 fine PRN evaluation and two (2) years probation or compliance with PRN contract

Revocation $5,000 fine and one (1) year suspension

20. Being terminated from or failing to successfully complete an impaired practitioners treatment program (Section 456.072(1)(hh), F.S.

Suspension until successful completion or receipt of written confirmation of compliance with ongoing treatment and a fine of up to $1,000

Revocation

21. Being convicted of, or entering a plea of guilty or nolo contendere to any misdemeanor or felony, regardless of adjudication, under 18 USC s. 669, ss. 285-287, s. 371,

s. 1001, s. 1035, s. 1341, s. 1343, s. 1347, s. 1349, or s. 1518, or 42 USC ss. 1320a-7b, relating to the Medicaid program.

(456.072(1)(ii), F.S.)

Revocation and a fine of $10,000, or in the case of application for licensure, denial of license.

22. Failing to remit the sum owed to the state for overpayment from the Medicaid program pursuant to a final order, judgment, or settlement.

(456.072(1)(jj), F.S.)

From a letter of concern to probation, and a fine of $500 to $5,000.

From a reprimand to revocation, and a fine of $2,500 to $5,000.

(23) Being terminated from the state Medicaid program, or any other state Medicaid program, or the federal Medicare program.

(456.072(1)(kk), F.S.)

From a letter of concern to

suspension, and a fine of $1,000 to $5,000.

From a reprimand to revocation, and a fine of $5,000 to $10,000.

(24) Being convicted of, or entering into a plea of guilty

or nolo contendere to any misdemeanor or felony, regardless of adjudication, which relates to health care fraud.

(456.072(1)(ll), F.S.)

Revocation and a fine of $10,000, or in the case of application for licensure, denial of license.