NOTICE IS HEREBY GIVEN THAT on November 8, 2010, the Board of Pharmacy has issued an order disposing of the petition for declaratory statement filed by Michael J. Simpko, Esquire, on behalf of Walgreen Company on September 14, 2010. The following is a summary of the agency's disposition of the petition:
The Notice of Petition for Declaratory Statement published on September 24, 2010, in Vol. 36, No. 38, of the Florida Administrative Weekly. Petitioner sought the Board’s interpretation of Section 499.003(54)(a)4., (d), F.S., entitled, “Definition of Terms Used in this Part,” and whether certain practices would fall under the definition of “wholesale distribution” found in Section 499.003(54), F.S. The Board of Pharmacy considered the Petition at its meeting held on October 13, 2010, in Tallahassee, Florida. The Board’s Order found that the Board does not have jurisdiction to determine whether certain acts would constitute the wholesale distribution of drugs. This determination must be made by the Department of Health. The Board found that the Petition should be denied for failing to state sufficient facts for the Board to issue a declaratory statement.
A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Kelli Ferrell, R.Ph., Acting Executive Director, Board of Pharmacy, 4052 Bald Cypress Way, Bin #C04, Tallahassee, Florida 32399-3254.