supp. #28 retail drug establishments chapter 280-1 … · istration of treatment in bona fide...

Supp. #28 RETAIL DRUG ESTABLISHMENTS CHAPTER 280-1

RULES

OF

THE FLORIDA BOARD OF PHARMACY

CHAPTER 280-1

280-1.01 Prescription area accessible to inspection

280-1.02 Sink and running water 280-1.03 Sufficient space in prescription de

partment 280-1.04 Refrigeration 280-1.05 Display of license of deceased or in

active pharmacists 280-1.06 Display of license and renewal cer-

tificates 280-1.07 Sanitation 280-1.08 Right to inspect invoices 280-1.09 Registration of all persons handling

dangerous drugs 280-1.10 Minimum equipment and publications 280-1.11 Hospital or clinic dispensing 280-1.12 Code of conduct 280-1.13 Location of legend and potent drugs

280-1.01 Prescription area accessible to inspection.-The prescription department, compounding room and/or any other place where prescriptions are compounded, filled, processed, accepted, dispensed, or stored in each retail drug establishment shall be so situated and located that members of the Florida Board of Pharmacy, their agents and/or other persons authorized by law to enter and inspect, can observe and survey the confines of said department, room and/or area and can enter into said department, room and/or area after identifying themselves, for the purpose of inspection at a reasonable hour and/or when the practice of the profession of pharmacy is being carried on, as defined in Section 465.031, Florida Statutes, without having been previously detained or announced.

General Authority 465.14 FS Law Implemented 465.21 FS

280-1.02 Sink and running water.-There shall be provided for the prescription department of each retail drug establishment, easily accessible to the prescription counter, an adequate sink in workable condition and running water which shall be available during the hours when the prescription department is normally open for the business related to prescriptions.

General Authority 465.14 FS Law Implemented 465.11, 465.21 FS

280-1.03 Sufficient space in prescription department.-There shall be provided within the prescription department of each retail drug establishment sufficient shelf, drawer or

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280-1.14 Prescription Depa.rtment; Padlock; Sign: "Prescription Department Closed"

280-1.15 Counterfeit drugs 280-1.16 Repackaging of samples 280-1.17 Outdated pharmaceuticals 280-1.18 Oral prescriptions and copies ~80-1.19 Storage of equipment 280-1.20 Code of conduct governing registered

pharmacists and retail drug establishment permittees

280-1.21 Pharmacy Interns; Registration; Employment

280-1.22 Pharmacy Interns; Special Requiremen ts; Training

280-1.23 Violations 280-1.24 Prescription department; regulation

of daily operating hours 280-1.25 Procedure for notice and hearing

cabinet space for the neat and orderly storage of pharmaceutical stock, prescription containers, prescription labels, the required equipment, and all other items, articles or equipment store therein and there shall be sufficient walking space and sufficient work counter space within each prescription department of said establishment so as to allow employees or pharmacists employed therein to adequately, safely, and accurately fulfill their duties related to prescriptions.

General Authority 465.14 PS Law Implemented 465.111. 465.21 FS

280-1.04 Refrigeration.-There shall be provided in each retail drug establishment adequate facilities for the proper storage of pharmaceuticals which require refrigeration, and such pharmaceuticals shall be stored therein, and in such manner as to preserve their therapeutic activity.


280-1.05 Display of license of deceased or inactive pharmacists. - (1) No pharmacist shall display, cause to be displayed or allow to be displayed, his license in any retail drug establishment where said pharmacist is not engaged in the practice of the profession as defined in Section 465.031 (3), Florida Statues; and (2) upon the death of a registered pharmacist his license shall not be displayed in any retail drug establishment without first having the word "deceased" affixed to said license, and

CHAPTER 280-1 RETAIL DRUG ESTABLISHMENTS Supp. #28

said word shall be written or printed in onehalf inch letters, clearly legible.


280-1.06 Display of license and renewal certificates.-The license of each pharmacist engaged in the practice of the profession of pharmacy as defined in Section 465.031 (3), Florida Statutes, in any retail drug establishment shall be displayed, toge'ther with the current renewal certificate (if said license be of sufficient age to warrant such renewal certificate) in a conspicuous place in or near the prescription department, and in such manner that said license can be easily read by patrons of said establishment.


280-1.07 Sanitation. - Any establishment which possesses a retail drug establishment permit which shall be found guilty of operating a prescription department under unclean, unsanitary, overcrowded or unhealthful conditions, or any other condition or conditions which prevents the accurate and safe filling of prescriptions, or which endangers the safety or health of the public served by such establishments shall be liable to the forfeiture of said permit under the penalties of Chapter 465, Florida Statutes.


280-1.08 Right to inspect invoices. - The Florida Board of Pharmacy shall have the right to inspect invoices, shipping tickets, or any other document pertaining to the transfer of drugs or drug preparations, from or to hospitals, clinics, drug stores, wholesale establishments, manufacturers, physicians' offices or any other place or establishment where said preparations of drugs are kept or stored, and a reasonable amount of time shall be allowed for the said information to be made available to the Board of Pharmacy.


280-1.09 Registration of all persons handling dangerous drugs.-The Board of Pharmacy shall require that all manufacturer's representatives, salesmen and/ or other persons who deal in the sale of, or distribution of, drugs which bear upon the package "caution, Federal law prohibits dispensing without prescription" samples or otherwise shall be registered with the Board of Pharmacy either by himself or the firm he represents, and no fee shall be charged to said persons, but such information shall include the classification of drugs handled, sold or distributed, the firm represented and the name and address of such persons.


280-1.10 Minimum eQ[uipment ,and publications. - (1) Every prescription department of a retail drug establishment shall at all times

possess the following minimum equipment and publications:

(a) The current editions of the United States Pharmacopoeia and the National Formulary, or the equivalent thereof, which shall be either The United States Dispensatory, or the Remingtons Practice of Pharmacy, either of which in the opinion of the Board of Pharmacy contains the essential information of both the United States Pharmacopoeis and the National Formulary.

(b) One pair of class "A" prescription scales in good condition.

(c) One set of prescription weights in good condition.

(d) Two mortars and pestles in good condition.

(e) Three spatulas of assorted sizes, one of which must be made of non-metallic material, and all of which must be in good condition.

(f) Four graduates of assorted sizes, in good condition.

(g) One tray suitable for use in counting tablets or capsules.

(h) One ointment slab, tile, or paper pad, suitable for preparing ointments thereon. FSGeneral Authority 465.14 FS Law Implemented 465.111, 465.21

280-1.11 Hospital or clinic dispensing.Pharmaceutical preparations which are administered to patients of a hospital or clinic by the personnel of such institution shall only be taken from the original container, or from a container which has been prepared by a Florida registered pharmacist in, accordance with existing laws, rules, and regulations affecting pharmacy in the State of Florida, and only single doses of such preparations shall be removed from said container, and then only after such has been prescribed for a specific patient by a person authorized by iaw to so prescribe and such order has been duly recorded upon the records of said institution, but such shall not apply to nor be construed as preventing administration of treatment in bona fide emergency cases, or further as prohibiting any person who is a duly licensed physician from dispensing medicinal drugs as defined in Chapter 465, Florida Statutes.


280-1.12 Code of conduct. - The Code of Conduct promulgated by the Florida Board of Pharmacy on November 16, 1961, effective January 1, 1962, and any subsequent amendments or additions thereto shall be adhered to by all retail drug establishment permittees in the State of Florida.


280-1.13 Location of legend and potent drugs.-(l) All drugs or drug preparations bearing upon the package the words "caution,


Federal Law prohibits dispensing without prescription," shall be stored within the confines of the prescription department of a retail drug establishment, and (2) all dangerous or potent drugs or drug preparations not kept therein shall be kept or stored in close proximity, or next to the prescription department and such drugs or drug preparations shall be kept or placed beyond the normal reach of small children.


280-1.14 Prescription Department; Padlock; Sign: "Prescription Department Closed" .~If a retail drug establishment is open for business and a Florida registered pharmacist is not present and on duty, the prescription department shall be considered closed; and a sign shall be displayed in a prominent place in the prescription department in such manner that it can be easily read by patrons of said establishment, and each letter on said sign shall be nort less than four (4) inches in width and height, in bold print, and such a sign shall read: "Prescription Department closed"; provided that at all times when the prescription department is closed, either because of the absence of a Florida registered pharmacist or for any other reason, the said prescription department shall be separated from the remainder of the retail drug establishment by partition or other means of enclosure, and said enclosure shall be locked or padlocked so as to prevent the entry into said department by persons not licensed to practice pharmacy in the State of Florida, and at such times no person other than a person licensed to practice pharmacy in Florida shall enter or be permitted to enter the prescription department of any retail drug establishment; provided, further, that at all such times only a Florida regis,tered pharmacist shall have the means to gain access to the said prescription department.

General Authority 465.14 FS Law Implemented 465.21 FS Hislory.-Amended 8-20-63

280-1.15 Counterfeit drugs. - No pharmacist or retail drug establishment employee or proprietor shall knowingly purchase, sell, possess or handle drugs which are commonly called counterfeit, or which are misbranded, or improperly labeled as described in the Florida Food Drug and Cosmetic Law.


280-1.16 Repackaging of samples.-No pharmacist or retail drug establishment employee shall transfer, or cause to be transferred from the original container of a sample package, any drug or drug preparation which bears upon the package a lot number or date of expiration except to be placed directly into the container of a lep:itimate preRcription in hand,

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and under no circumstances will drugs or drug preparations be placed into any container which is not properly labeled in accordance with the Florida Food Drug and Cosmetic Law, or into any container which contains a drug which differs in any manner whatsoever from said drug or drug preparation either by strength, manufacturer, date of expiration, lot number and any other material factor.


280-1.17 Outdated pharmaceuticals. - Persons qualified to do so shall examine the stock of the prescription department of each retail drug establishment at a minimum interval of four months, and shall remove all deteriorated pharmaceuticals, or pharmaceuticals which bear upon the container an expiration date which date has been reached, and under no circumstances will pharmaceuticals or devices which bear upon the container an expiration date which has been reached be sold or dispensed to the public.


280-1.18 Oral prescriptions and copies.Only a Florida registered pharmacist may, in the State of Florida, accept an oral prescription of any nature. Upon so accepting such oral prescription it must immediately be reduced to writing, and only a Florida registered pharmacist may, in the State of Florida, prepare a copy of a prescription or read a prescription to any person for purposes of providing reference concerning treatment of the person or animal for whom the prescription was written, and when said copy is given a notation shall be made upon the prescription that a copy has been given, the date given, and to whom given.


280-1.19 Storage of equipment. - The required equipment of a prescription department shall be stored in a clean and sanitary manner, vessels being inverted on a clean towel, or suspended upon a rack.


280-1.20 Code of conduct governing registered pharmacists and retail drug establishment permittees.-WHEREAS, the Board of Pharmacy is a branch of the Executive Body of the Government of the State of Florida, and as such is charged with the responsibility for the regulation of pharmacy in the State of Florida for the sole purpose of protection of the public health wherein the certitide of a safe, dependable and sufficient supply of medications for the public is contingent; and said Board, being cognizant of the many facets of said responsibility, and it being known by all that such service and protection to the public cannot be realized without the maintenance of the-highest


standards and ethics those persons ren-dering such service to public, hereby es-tablishes this Code of which shall ap-ply to and be observed by all licensed pharmacists in the State of Florida and by all persons engaged in the business of retail pharmacy in the State of Florida, and shall be subscribed to by said persons so engaged, for no other reason than the affirmation of the culmination of such service to the public which the public expects and rightfully deserves.

II. ETHICS: No pharmacist, pharmacy intern or retail

drug permittee shall engage in any unprofessional conduct in the practice of pharmacy or the operation of a retail drug establishment which tends to reduce the public confidence in the ability and integrity of the profession of pharmacy or endangers the public health, safety and welfare; or been guilty of any fraud, misrepresentation, concealment, dishonest dealing, fix, scheme or device, culpable negligence or breach of trust in the professional practice of pharmacy.

II. E,RROR OR UNCERTAIN PRESCRIPTIONS:

No pharmacist or pharmacy intern shall compound or dispense any prescription which, in his professional opinion, contains any error, omission, irregularity, or ambiguity, but upon the receipt of such pres·cription the pharmacist shall contact the prescriber and confer with him before dispensing the prescription. No pharmacist -shall dispense any medication by virtue of a prescription if said pharmacist has any doubt existing in his mind that such prescription is not legitimate.

III. REFUSAL OF PRESCRIPTIONS: No pharmacist shall refuse to accept and fill

or cause to be filled for payment thereof, during the normal business hours, any prescription presented to him, unless there is valid reason for inability to fill said prescription, or for other valid reasons imposed by pharmacy laws, rules or regulations.

IV. BETRAYAL OF CONFIDENCE: No pharmacist or employee of any retail drug

establishment shall exhiHit, discuss or reveal the contents of any prescription, the therapeutic effect thereof, or the nature, extent, or degree of illness suffered by a patient served by him, with any other person than another pharmacist, when necessary for the proper fulfillment of duties devolving upon the pharma-cist, the patient or his ed representa-tive, the prescriber, or persons authorized by law to receive such but shall not discuss with the such matters that should prescriber only.

V. DIAGNOSIS OR No pharmacist or employee of a retail drug

establishment shall diagnose, treat, prescribe for, or attempt to do so, any disease, illness, or organic disorder, but this shall not be construed as preventing any registered pharmacist from advising individuals on matters concerning simple ailments, first aid measures, sanitary measures, or the merits and qualities of patent prescriptions as defined by Chapter 465, Florida Statutes.

VI. CODED PRESCRIPTIONS: No pharmacist or pharmacy intern shall com

pound or dispense any prescription which is coded. A "Coded" prescription is one which bears letters, numbers, words or symbols, or any other device used in lieu of the name, quantity, strength, and directions for its use, other than those normal letters, numbers, words, symbols or other media recognized by the profession of pharmacy as a means for conveying information by prescription. No symbol, word or any other device shall,be used in lieu of the name of said preparation.

VII. FALSE OR MISLEADING ADVERTISING:

No pharmacist or retail drug establishment shall disseminate through any communication media any false, misleading or fraudulent advertising; claim superiority in compounding and filling prescriptions through advertising; or disseminate through any communication media advertising which may reduce the public confidence in the ability, character or integrity of registered pharmacists.

VIII. SUBSTANDARD DRUGS: No pharmacist shall purchase, accept, com

pound, or sell any medicinal preparation or device, whether by prescription or otherwise, which in his professional opinion contains any ingredient which is active, that is of inferior or substandard quality.

IX. CHANGES IN PRESCRIPTIONS: No pharmacist or pharmacy intern shall sup

ply medications or devices which contain an ingredient or article different in any manner, including difference in brand, from the medication or device which is prescribed upon a prescription unless prior approval has been obtained from the prescriber thereof. Such difference shall immediately be recorded upon said prescription after being approved by said prescriber, showing the date, time and method of ascertaining the said approval.

X. PRESCRIPTION SUB-STATIONS: No pharmacist, employer or employee of a

retail drug establishment shall maintain a lo-cation, other than a for which a per-mit has been issued by Florida Board of


Pharmacy, from which to solicit, accept or dispense prescriptions.

XI. PHYSICIAN AGREEMENTS: No pharmacist or retail drug establishment,

or employee or agent thereof, shall enter into or engage in any agreement or arrangement with any physician or other practitioner for the payment or acceptance of compensation in any form or type for the recommending of the professional services of either; or enter into a rebate or percentage rental agreement of any kind, whereby in any way a patient's free choice of a pharmacist or retail drug establishment is or may be limited.

XII. UNRESTRICTED DRUG SERVICE: No pharmacist or retail drug establishment

permitee shall engage in a restricted, limited, partial or closed door service or operation to the public or to any group of persons not available to the entire public; provided, however, that this provision shall not apply to a hospital or institutional pharmacy prescription department.

XIII PRESCRIPTION DEPARTMENT RESPONSIBILITY:

No pharmacist shall offer or engage in professional pharmaceutical services under any terms and conditions which shall tend to interfere with or impair the free and complete exercise of professional judgment and skill of a pharmacist or enter into any agreement which denies the public the right of free choice of pharmacists.

XIV. RETURN OF PRESCRIPTIONS: No pharmacist, employer or employee of a

retail drug establishment may knowingly place in stock of any pharmacy any part of any prescription compounded for, or dispensed to, any customer of any pharmacy and returned by said customer.

XV. EVASION OF CODE No pharmacist or retail drug establishment,

or employee or agent thereof, shall act in any way to evade the rules and regulations of the Board of Pharmacy and the laws applying to retail drug establishments and pharmacists, but shall apply methods of their own to enhance the enforcement thereof and compliance with said laws, rules and regulations. Said persons shall be responsible for being acquainted with said laws, rules and regulations, and ignorance of said laws, regulations or rules shall not excuse contravention of same.

XVI. V<IOLA'DIONS OF THE CODE OF ETHICS:

The above set out code of ethics is expressly adopted by the Florida Board of Pharmacy and shall govern the conduct of all those ad-

mitted to practice pharmacy in their capacities as pharmacists, all those issued retail drug establishment permits in their capacities as permittees, and all pharmacy interns in their capacities as pharmacy interns. A license to practice pharmacy or a permit to operate a retail drug establishment confers no vested right to the holder thereof, but is a conditional privilege revokable for cause. The primary purpose of this code of ethics is the protection of the profession of pharmacy and the public health, safety and welfare. It is the responsibility of the Board of Pharmacy to purge the profession of those unworthy to practice pharmacy in this state and those unworthy to operate retail drug establishments in the best interest of the public health, safety and welfare, and it is the obligation of every licensed pharmacist and retail drug establishment permittee to give unlimited cooperation and assistance to the Board of Pharmacy in the discharge of this responsibility. Violation of this code may subject the violator to suspension or revocation of any license or permit issued to him by the Board of Pharmacy.

General Authority 465.14 FS; Law Implemented 465.22 FS and 465 .101 FS

History.-Amended 12-23-65

280-1.21 Pharmacy Interns; Registration; Employment.-

(1) No person may serve as a pharmacy intern ,in a retail drug establishment or a hospital pharmacy until such time as he is registered with the Florida Board of Pharmacy as an intern.

(2) No pel'sonshall be registered as a pharmacy intern until such time as he has submitted to the satisfaction of the Florida Board of Pharmacy, on forms to be prescribed by the said Board, proof that he:

(a) is ,in attendance at a duly accredited and recognized college or school of pharmacy or

(b) is a graduate of a duly accredited and recognized college or school of pharmacy or

(c) was on the 13th day of June, 1963, regularly employed in a retail drug establishment operating under a permit issued pursuant rto Chapter 465, Florida Statutes, and was at such time licensed to practice pharmacy in another state.

(3) The Board shall consider as a duly accredited and recognized college or school of pharmacy a college or school of pharmacy maintaining the same educational requirements and standards as are required under Section 465.071, Florida Statutes, for applicants seeking licensure in Florida as registered pharmacists.

(4) Upon the receipt of proof satisfactory to the Board that the intern applicant meets the requirements of either subsection (a), (b), or (c) of Section (2), the Board shall issue an


intern certificate and register the applicant as an intern in the official records of the Florida Board of Pharmacy.

(5) No intern shall perform any acts relating to the filling, compounding, or dispensing of medicinal drugs unless he does so under the direct and immediate personal supervision of a person licensed to practice pharmacy in this state.

(6) The Board shall not register as an intern any person whose license to practice pharmacy has been suspended or revoked until the Board is satisfied that such person has complied with all the terms and conditions set forth in its order revoking or suspending the license of such person.

General Authority Section 4, Chapter 63-425, Laws of Florida, 465.14 FS Law Implemented Sections I, 3, 4, and 5 of Chapter 63-425, Laws of Florida

History.-Amended 8-20-63

280-1.22 Pharmacy interns; Special requirements; Training.-

(1) From and after August 20, 1963, all experience in retail drug establishments or hospital pharmacies by any person for the purpose of qualifying as an applicant for licensure as pharmacists in the State of Florida shall be obtained subsequent to registration with the Board as a pharmacy intern.

(2) All interns registered pursuant to Chapter 63-425, Laws of Florida, shall, within five (5) days after the commencement of employment and within five (5) days after termination thereof, notify the Florida Board of Pharmacy of said commencement or termination of employment.

(3) All experience for the purpose of qualifying for examination pursuant to Section 465.-071 (c), Florida Statutes, shall be had only in a retail drug establishment or hospital pharmacy acceptible to the Florida Board of Pharmacy for that purpose.

(4) As concerns interns registered pursuant to Rule 280-1.21 (2) (a) (b), the Florida Board of Pharmacy shall not accept as credit toward the experience requirements required pursuant to Section 465.071 (c), Florida Statutes, any claims which cannot be corroborated by records on file in the office of the Board in Gainesville, Florida, reflecting the commencement and termination of all periods of experience claimed by the applicant during his intern period, as furnished by the applicant and the licensed pharmacist who superv,ised ,the applicant during his intern period.

(5) Any intern registered pursuant to Rule 280-1.21 (2) (a) (b) shall keep a notebook properly certified to by the registered pharmacist supervising the said intern's period of training, said notebook covering the details of his intern training.

(6) The notebook required to be maintained pursuant to Section (5) above shall be submitted to the Florida Board of Pharmacy along with and as a part of any intern's application for the examination provided in Section 465.071 (c), Florida Statutes.

(7) A retail drug establishment or hospital pharmacy acceptable to the Florida Board of Pharmacy as a proper place for interns registered pursuant to Rule 280-1.21 (2) (a) (b) shall mean a retail drug establishment or hospital pharmacy operating under a permit issued by this Board and shall have available all necessary equipment for professional services, necessary reference works, in addition to the official standards and current professional journals, and shall meet the following minimum requirements:

(a) The retail drug establishment or pharmacy must be operated at all times under the supervision of a registered pharmacist and must have signified the willingness to employ and train persons desiring to obtain practical experience in accordance with the pharmacy laws of this state.

(b) The retail drug establishment or pharmacy must estabJ.ish to ,the satisfaction of the Board that the said retail drug establishment or pharmacy fills, compounds, and dispenses a sufficient number, kind, and variety of prescriptions during the course of one year so as to afford to an intern a broad experience in the filling, compounding, and dispensing of prescription drugs.

(c) It must have a clear record with respect to the observance of federal, state, and municipal laws and ordinances covering any phase of activity in which it is engaged.

(d) The proprietor, owner, or operator thereof and the registered pharmacist supervising the practical experience of interns must agree to abide by the Code of Conduct of the Florida Board of Pharmacy.

(e) The retail drug establishment or pharmacy must compound or dispense a sufficient number of prescriptions, including renewals, so as to provide an intern with ample opportunity to scrutinize at ·least 2,500 prescriptions during the course of practical training and to compound or dispense under the direct and immediate supervision of a registered pharmacist not less than 1,000 prescriptions during the same period.

(f) No licensed pharmacist supervising an intern regis,tered pursuant to Rule 280-1.21 (2) (a) (b) may supervise more than one such intern at anyone time.

General Authority 465.14 FS, Section 4 of Chapter 63-425, Laws of Florida. Law Implemented Sections I, 2, and 3 of Chap· ter 63-425, Laws of Florida, 465.071 (c) (d) FS

History .-New 8-20-63


280-1.23 Violations.-No person shall own, operate, maintain, open, establish, conduct, or take charge of any retail drug establishment wherein the sale, possession, or transfer of possession, either with or without prescription, of any medicinal drug is done in violation of the laws of the State of Florida or any federal laws.

General Authority 465.14 FS Law Implemented 465.21 FS History.-New 8-20-63

280-1.24 Prescription department; regulation of daily operating hours.-Any person who receives a retail drug establishment permit pursuant to Section 465.21, Florida Statutes, and commences to operate such an estab- ' lishment shall, for the benefit of the public health and welfare, keep the prescription department of the establishment open for a minimum of sixty per cent (60%) of the total hours the establishment is open each day and offering its products and services to the general public; . provided, however, that the board, on

. application by the permittee showing good cause why the public health and welfare do not require that a specific prescription department should remain open for a minimum of sixty per cent (60%) of the total daily operating hours, may reduce the number of hours that the prescription department should be open accordingly.

General Authority 465.14 FS Law Implemented 465.21 FS History.-New 8-20-65

280-1.25 Procedure for notice and hearing.-

(1) Hearings at which the licensee or permittee shall appear pursuant to a notice to show cause before the Florida Board of Pharmacy shall be by public hearing as authorized by Sections 120.20-120.28, inclusive, Florida Statutes.

(2) The licensee or permitee shall be notified in writing of the time, place and nature of the hearing, and the notice of hearing shall recite the legal authority and jurisidiction under which the hearing is to be held.

(3) The members of the Florida Board of Pharmacy, or a quorum thereof, or a hearing examiner designated by the Board President, shall personally hear the matters set forth in the notice to show cause. The President of the Board or a duly designated hearing examiner shall act as presiding officer. At tne commencement of the hearing, the President of the Board, or the duly designated hearing examiner, shall:

(a) Call the hearing to order; (b) Announce the nature of the hearing;

and (c) Consider all stipulations, waivers, or

agreements which the parties may have entered into prior to the hearing.

(4) All testimony and other relevant data,

including reference to exhibits, shall be accurately and completely preserved by stenographic or mechanical device and all pleadings, briefs, and exhibits shall be filed with the Secretary of the Board and become a part of the record.

(5) All witnesses shall be sworn before testifying, including witnesses giving depositions in the proceeding.

(6) Any party who files a brief, pleading or other memoranda at the hearing shall furnish an original and one copy to the Board:

(7) At the conclusion of the hearing, the President or the hearing examiner shall declare the hearing closed, and the Board thereupon may announce its decision on the hearing, or may defer its decision until further consideration.

(8) The Board shall affbrd the licensee or permittee the right:

(a) To present his case or defense by oral and documentary evidence .

(b) To submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts.

(c) To be accompanied, represented, and advised by counselor to represent himself. The licensee or permittee who elects to be represented by counsel shall be bound by acts of counsel in the licensee or permittee's behalf.

(d) To be promptly notified of the action of the Board regarding the permittee or licensee.

(9) Whenever a question of the admissibility of testimony is presented for consideration of the Board, it shall promptly rule on same and note an exception to the ruling as a matter of course. If an objection is made and not ruled upon by the Board, the ruling will be presumed to be adverse to the party making the objection, and that exception was noted.

(10) Whenever service of copy is required under these rules, the same may be evidenced by receipt of parties or their counselor by certificate of mailing or delivery as provided by Rule 1.4 of Florida Rules of Civil Procedure.

(11) Motions: An application to the Board for an order shall be by motion which, unless made during the hearing scheduled on the Board's complaint and notice to show cause, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief for order sought. Motions made prior to hearing must be servd on the Executive Secretary of the Florida Board of Pharmacy at P. O. Box 3355, Tallahassee, Florida, by U.S. Mail within a reasonable time before the date scheduled for the hearing.

General Authority 465.14 FS; Law Implemented 120.23 FS Hi.tory.-New 12-23-65

supp. #28 retail drug establishments chapter 280-1 … · istration of treatment in bona fide...

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