NOTICE IS HEREBY GIVEN that on May 26, 2009, the Board of Pharmacy has issued an order.
The Order is on the Petition for Variance or Waiver filed on March 10, 2009, by Millennium Pharmacy Systems, Inc. Petitioner was seeking a variance or waiver of paragraph 64B16-28.606(2)(a), Florida Administrative Code, entitled, “Class II Institutional Dispensing,” which requires that all pharmacists participating in remote medication order processing be Florida licensed pharmacists. The Notice of Petition published on March 20, 2009, in Vol. 35, No. 11, of the Florida Administrative Weekly.
The Board of Pharmacy considered the Petition at a duly-noticed meeting held on April 14, 2009, in Tampa, Florida. The Board’s Order denied the petition finding that Petitioner had failed to establish that the purpose of the underlying statute, Section 465.019, Florida Statutes, would be met by granting a variance or waiver from paragraph 64B16-28.602(2)(a), F.A.C. The Board further finds that the Petitioner has 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.