Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 39, October 2, 2009 issue of the Florida Administrative Weekly.

The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee. The changes are as follows:

1. Subsection (2)(k)1.a. shall now read as follows:

(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 64B16-28.1035

64B16-27.100

64B16-28.109

64B16-27.103

64B16-27.104

64B16-26.400

64B16-26.2032

64B16-28.1081

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 fine and 12 hour Laws & Rules or MPJE

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

2. Subsection (2)(k)1.b. shall now read as follows:

b. 64B16-28.102

Suspension until compliance

Revocation

3. Subsection (2)(k)1.e. shall now read as follows:

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

$500 fine and 12 hour laws and rules or MPJE

Revocation

4. Subsection (2)(k)1.g. shall now read as follows:

g. 64B16-28.140 (Data processing systems)

$1,000 fine

Revocation

5. Subsection (2)(k)1.i. shall now read as follows:

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

$500 and 12 hours Laws and Rules or MJPE

$1000 fine plus payment of the check within 30 days

6. Subsection (2)(k)1.l. shall now read as follows:

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

$1,500

Revocation

7. Subsection (2)(k)1.m. through t. have been added to the rule and shall read as follows:

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	Revocatio n
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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rebecca Poston, Executive Director, Board of Pharmacy, 4052 Bald Cypress Way, Bin #C04, Tallahassee, Florida 32399-3254