NOTICE IS HEREBY GIVEN that on November 03, 2009, the Board of Pharmacy has issued an order.
The Order is on the Petition for Variance or Waiver filed on August 28, 2009, by Jaemin Hwang. Petitioner was seeking a variance or waiver of paragraph 64B16-26.2031(4)(b), Florida Administrative Code, entitled “Licensure by Examination; Foreign Pharmacy Graduates,” which requires that applicants pass the Test of English as a Foreign Language (TOEFL) with a score of at least 550 for the pencil and paper test or 213 for the computer version and by passing the Test of Spoken English (TSE) with a score of 50 on the recalibrated TSE. Petitioner also seeks a variance or waiver of subsection 64B16-26.2031(5), F.A.C., which requires the applicant to complete 2080 hours of supervised work activity, of which a minimum of 500 hours must be completed within the State of Florida. The Notice of Petition published on September 11, 2009, in Vol. 35, No. 36, of the Florida Administrative Weekly.
The Board of Pharmacy considered the Petition at a duly-noticed meeting held on October 14, 2009, in Tallahassee, Florida. The Board’s Order denied the petition finding that Petitioner had failed to establish that the purpose of the underlying statute, Section 465.007, Florida Statutes, would be met by granting a variance or waiver from paragraph 64B16-26.2031(4)(b), F.A.C. The Board further finds that the Petitioner had not established that applying the requirements of the aforementioned rule to Petitioner’s circumstances would violate principles of fairness and impose substantial hardship.
A copy of the Order may be obtained by contacting: Rebecca Poston, R.Ph., Executive Director, Board of Pharmacy, 4052 Bald Cypress Way, Bin #C04, Tallahassee, Florida 32399-3254.