(1) It is unlawful for any person to own, operate, maintain, open, establish, conduct, or have charge of, either alone or with another person or persons, a pharmacy:
(a) Which is not registered under the provisions of this chapter.
(b) In which a person not licensed as a pharmacist in this state or not registered as an intern in this state or in which an intern who is not acting under the direct and immediate personal supervision of a licensed pharmacist fills, compounds, or dispenses any prescription or dispenses medicinal drugs.
(2) It is unlawful for any person:
(a) To make a false or fraudulent statement, either for herself or himself or for another person, in any application, affidavit, or statement presented to the board or in any proceeding before the board.
(b) To fill, compound, or dispense prescriptions or to dispense medicinal drugs if such person does not hold an active license as a pharmacist in this state, is not registered as an intern in this state, or is an intern not acting under the direct and immediate personal supervision of a licensed pharmacist.
(c) To sell or dispense drugs as defined in s. 465.003 without first being furnished with a prescription.
(d) To sell samples or complimentary packages of drug products.
(3) It is unlawful for any pharmacist to knowingly fail to report to the sheriff or other chief law enforcement agency of the county where the pharmacy is located within 24 hours after learning of any instance in which a person obtained or attempted to obtain a controlled substance, as defined in s. 893.02, or at the close of business on the next business day, whichever is later, that the pharmacist knew or believed was obtained or attempted to be obtained through fraudulent methods or representations from the pharmacy at which the pharmacist practiced pharmacy. Any pharmacist who knowingly fails to make such a report within 24 hours after learning of the fraud or attempted fraud or at the close of business on the next business day, whichever is later, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A sufficient report of the fraudulent obtaining of controlled substances under this subsection must contain, at a minimum, a copy of the prescription used or presented and a narrative, including all information available to the pharmacist concerning the transaction, such as the name and telephone number of the prescribing physician; the name, description, and any personal identification information pertaining to the person who presented the prescription; and all other material information, such as photographic or video surveillance of the transaction.
(4)(a) It is unlawful for any person other than a pharmacist licensed under this chapter to use the title “pharmacist” or “druggist” or otherwise lead the public to believe that she or he is engaged in the practice of pharmacy.
(b) It is unlawful for any person other than an owner of a pharmacy registered under this chapter to display any sign or to take any other action that would lead the public to believe that such person is engaged in the business of compounding, dispensing, or retailing any medicinal drugs. This paragraph shall not preclude a person not licensed as a pharmacist from owning a pharmacy.
(c) It is unlawful for a person, firm, or corporation that is not licensed or registered under this chapter to:
1. Use in a trade name, sign, letter, or advertisement any term, including “drug,” “pharmacy,” “prescription drugs,” “Rx,” or “apothecary,” which implies that the person, firm, or corporation is licensed or registered to practice pharmacy in this state.
2. Hold himself or herself out to others as a person, firm, or corporation licensed or registered to practice pharmacy in this state.
(d) It is unlawful for a person who is not registered as a pharmacy technician under this chapter or who is not otherwise exempt from the requirement to register as a pharmacy technician, to perform the functions of a registered pharmacy technician, or hold himself or herself out to others as a person who is registered to perform the functions of a registered pharmacy technician in this state.
(5) Any person who violates any provision of subsection (1) or subsection (4) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates any provision of subsection (2) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In any warrant, information, or indictment, it shall not be necessary to negative any exceptions, and the burden of any exception shall be upon the defendant.
Cited 2 times | Published | Florida 4th District Court of Appeal | 2004 WL 2600137
...We reverse and remand the case to the circuit court to proceed on a cause of action based upon section 324 of the Restatement. The amended complaint did not state a cause of action under any of the other theories here asserted by the estate. TAYLOR and HAZOURI, JJ., concur. NOTES [1] Section 465.015(2), Florida Statutes (2003), provides, in pertinent part, "[i]t is unlawful for any person ......
...465.003(8) without first being furnished with a prescription." This statutory provision has been interpreted to apply to those who are not pharmacists that have offered prescription drugs to another. See Block v. State, 437 So.2d 792, 793 (Fla. 2d DCA 1983). A violation of section 465.015(2) is evidence that a defendant failed to exercise "reasonable care" under section 324 of the Restatement....
...ntrolled substance and in lieu thereof sold him a noncontrolled substance. We reject appellant’s contention that section 817.563, Florida Statutes (1981), is unconstitutionally vague and over-broad. Sale of prescription drug without a prescription Section 465.015(2)(c) under which appellant was convicted reads as follows: (2) It is unlawful for any person: [[Image here]] (c) To sell or dispense drugs as defined in s....
...acticing in this state. The state responds by suggesting that appellant was a “street pharmacist” and refers to portions of a tape of the transaction in which appellant seems to be trying to sell a recipe for preparing a drug. Be that as it may, section 465.015(2)(c) is quite specific and does not preclude the prosecution of a person such as appellant. However, in order to convict appellant for violating section 465.015(2)(c), the state had to prove the drug which appellant sold was among those defined in section 465.003(7), Florida Statutes (1981)....
...time did not hold an active license as a pharmacist, was not registered as an intern, or was not an intern acting under the direct and immediate personal supervision of a licensed pharmacist in the State of Florida, in violation of Florida Statutes 465.015(2)(b), 465.015(4) and 777.011. The language used to charge the defendant in these two counts tracks the language of section 465.015(2)(b), Florida Statutes (2003), and therefore will not be repeated here. Section 465.015(4), Florida Statutes (2003), provides that a violation of the above constitutes a third degree felony....
...pounding. Fla. Stat. § 465.003 (13). The Act also prohibits anyone who is not a licensed pharmacist, or who is not operating under the direct and immediate personal supervision of a licensed pharmacist, from compounding any prescription, Fla. Stat. § 465.015 (l)(b), and provides for disciplinary actions against a pharmacist who improperly compounds a prescription....
...al, in Count I for possession of a controlled substance with intent to sell in violation of section 893.13(l)(a), Florida Statutes, and in Count II for selling or dispensing a prescription drug without being furnished a prescription, in violation of section 465.015(2)(c), Florida Statutes. Because the portion of section 465.015(2)(c) making unlawful the dispensing of a prescription drug without being furnished a prescription is inapplicable to Appellant since he is not a pharmacist, the judgment and sentence for Count II is reversed and remanded for entry of a judgment of acquittal in part, and for further proceedings....
...Appellant was charged with one count of possession of Oxycodone with the intent to sell, in violation of section 893.03(l)(a), Florida Statutes, and one count of selling or dispensing a prescription drug without first being furnished a prescription, in violation of section 465.015(2)(c), Florida Statutes....
...At the close of the State’s ease, the defense moved for judgment of acquittal and argued that because Appellant was not a pharmacist, chapter 465 was not applicable. The trial court rejected the defense’s argument that Appellant was not subject to prosecution for violation of section 465.015(2)(c), relying on Block v. State, 437 So.2d 792 (Fla. 2d DCA 1983), to deny the JOA. 1 Although not the reason for the disposition of the appeal in Block , that court noted that “section 465.015(2)(c) is quite specific and does not preclude the prosecution of a person such as appellant.” Id. at 794 . Block did not parse the two distinct actions which section 465.015(2)(c) prohibits....
...other person in exchange for money or something of value or a promise of money or something of value.” Fla. Std. Jury Inst. (Crim.) 25.2. We agree with Block that any person, pharmacist or not, may be charged with selling a prescription drug under 465.015(2)(c). The second illegal action prohibited by section 465.015(2)(c) is dispensing a pre *493 scription drug without a prescription....
...is case from the statutory definitions of “dispense” found in 465.003(6), Florida Statutes. Therefore, Appellant could not have dispensed the Oxycodone to the confidential informant as Florida law defines dispensing. 2 In light of the foregoing, section 465.015(2)(c) is not available to the State to prosecute the dispensing of a drug by a person who is not a pharmacist....
...The trial court erred in not granting a partial judgment of acquittal as to the allegations of dispensing and compounded the error in allowing the jury to be instructed on the allegations of dispensing. Therefore, the judgment and sentence for Count II, for violation of section 465.015(2)(c), Florida Statutes, is reversed and remanded for further proceedings on that count only as to the allegations of selling the Oxycodone....
...Statutes, is affirmed. AFFIRMED in part, REVERSED in part, and REMANDED. WOLF and WETHERELL, JJ., concur. . We review the denial of a motion for judgment of acquittal de novo. Johnston v. State, 863 So.2d 271 (Fla.2003). . The statutory language in section 465.015 makes a clear distinction between actions that are prohibited by any person, actions that are prohibited by a pharmacist, and actions that are prohibited by any person other than a pharmacist. Compare § 465.015(l)(a) & 2, with § 465.015(3), and with § 465.015(l)(b) & 4(a).
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