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Florida Statute 465.016 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 465
PHARMACY
View Entire Chapter
465.016 Disciplinary actions.—
(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2):
(a) Obtaining a license by misrepresentation or fraud or through an error of the department or the board.
(b) Procuring, or attempting to procure, a license for any other person by making, or causing to be made, any false representation.
(c) Permitting any person not licensed as a pharmacist in this state or not registered as an intern in this state, or permitting a registered intern who is not acting under the direct and immediate personal supervision of a licensed pharmacist, to fill, compound, or dispense any prescriptions in a pharmacy owned and operated by such pharmacist or in a pharmacy where such pharmacist is employed or on duty.
(d) Being unfit or incompetent to practice pharmacy by reason of:
1. Habitual intoxication.
2. The misuse or abuse of any medicinal drug appearing in any schedule set forth in chapter 893.
3. Any abnormal physical or mental condition which threatens the safety of persons to whom she or he might sell or dispense prescriptions, drugs, or medical supplies or for whom she or he might manufacture, prepare, or package, or supervise the manufacturing, preparation, or packaging of, prescriptions, drugs, or medical supplies.
(e) Violating chapter 499; 21 U.S.C. ss. 301-392, known as the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq., known as the Comprehensive Drug Abuse Prevention and Control Act; or chapter 893.
(f) Having been convicted or found guilty, regardless of adjudication, in a court of this state or other jurisdiction, of a crime which directly relates to the ability to practice pharmacy or to the practice of pharmacy. A plea of nolo contendere constitutes a conviction for purposes of this provision.
(g) Using in the compounding of a prescription, or furnishing upon prescription, an ingredient or article different in any manner from the ingredient or article prescribed, except as authorized in s. 465.019(6) or s. 465.025.
(h) Having been disciplined by a regulatory agency in another state for any offense that would constitute a violation of this chapter.
(i) Compounding, dispensing, or distributing a legend drug, including any controlled substance, other than in the course of the professional practice of pharmacy. For purposes of this paragraph, it shall be legally presumed that the compounding, dispensing, or distributing of legend drugs in excessive or inappropriate quantities is not in the best interests of the patient and is not in the course of the professional practice of pharmacy.
(j) Making or filing a report or record which the licensee knows to be false, intentionally or negligently failing to file a report or record required by federal or state law, willfully impeding or obstructing such filing, or inducing another person to do so. Such reports or records include only those which the licensee is required to make or file in her or his capacity as a licensed pharmacist.
(k) Failing to make prescription fee or price information readily available by failing to provide such information upon request and upon the presentation of a prescription for pricing or dispensing. Nothing in this section shall be construed to prohibit the quotation of price information on a prescription drug to a potential consumer by telephone.
(l) Placing in the stock of any pharmacy any part of any prescription compounded or dispensed which is returned by a patient; however, in a hospital, nursing home, correctional facility, or extended care facility in which unit-dose medication is dispensed to inpatients, each dose being individually sealed and the individual unit dose or unit-dose system labeled with the name of the drug, dosage strength, manufacturer’s control number, and expiration date, if any, the unused unit dose of medication may be returned to the pharmacy for redispensing. Each pharmacist shall maintain appropriate records for any unused or returned medicinal drugs.
(m) Being unable to practice pharmacy with reasonable skill and safety by reason of illness, use of drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. A pharmacist affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that she or he can resume the competent practice of pharmacy with reasonable skill and safety to her or his customers.
(n) Violating a rule of the board or department or violating an order of the board or department previously entered in a disciplinary hearing.
(o) Failing to report to the department any licensee under chapter 458 or under chapter 459 who the pharmacist knows has violated the grounds for disciplinary action set out in the law under which that person is licensed and who provides health care services in a facility licensed under chapter 395, or a health maintenance organization certificated under part I of chapter 641, in which the pharmacist also provides services. However, a person who the licensee knows is unable to practice medicine or osteopathic medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of a mental or physical condition, may be reported to a consultant operating an impaired practitioner program as described in s. 456.076 rather than to the department.
(p) Failing to notify the Board of Pharmacy in writing within 20 days of the commencement or cessation of the practice of the profession of pharmacy in Florida when such commencement or cessation of the practice of the profession of pharmacy in Florida was a result of a pending or completed disciplinary action or investigation in another jurisdiction.
(q) Using or releasing a patient’s records except as authorized by this chapter and chapter 456.
(r) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.
(s) Dispensing any medicinal drug based upon a communication that purports to be a prescription as defined in s. 465.003 or s. 893.02 when the pharmacist knows or has reason to believe that the purported prescription is not based upon a valid practitioner-patient relationship.
(t) Committing an error or omission during the performance of a specific function of prescription drug processing, which includes, for purposes of this paragraph:
1. Receiving, interpreting, or clarifying a prescription.
2. Entering prescription data into the pharmacy’s record.
3. Verifying or validating a prescription.
4. Performing pharmaceutical calculations.
5. Performing prospective drug review as defined by the board.
6. Obtaining refill and substitution authorizations.
7. Interpreting or acting on clinical data.
8. Performing therapeutic interventions.
9. Providing drug information concerning a patient’s prescription.
10. Providing patient counseling.
(2) The board may enter an order denying licensure or imposing any of the penalties in s. 456.072(2) against any applicant for licensure or licensee who is found guilty of violating any provision of subsection (1) of this section or who is found guilty of violating any provision of s. 456.072(1).
(3) The board shall not reinstate the license of a pharmacist, or cause a license to be issued to a person it has deemed unqualified, until such time as it is satisfied that she or he has complied with all the terms and conditions set forth in the final order and that such person is capable of safely engaging in the practice of pharmacy.
(4) The board shall by rule establish guidelines for the disposition of disciplinary cases involving specific types of violations. Such guidelines may include minimum and maximum fines, periods of supervision or probation, or conditions of probation or reissuance of a license.
History.—ss. 1, 7, ch. 79-226; ss. 13, 15, 24, 25, 30, 34, 62, ch. 80-406; s. 324, ch. 81-259; ss. 2, 3, ch. 81-318; s. 3, ch. 83-101; s. 37, ch. 83-216; ss. 32, 119, ch. 83-329; s. 1, ch. 84-364; ss. 26, 27, ch. 86-256; s. 41, ch. 88-1; s. 20, ch. 88-277; s. 2, ch. 89-77; s. 59, ch. 91-137; s. 6, ch. 91-156; s. 4, ch. 91-429; s. 45, ch. 92-149; s. 32, ch. 95-144; s. 244, ch. 97-103; s. 91, ch. 97-264; s. 119, ch. 99-397; s. 126, ch. 2000-160; s. 33, ch. 2001-277; s. 3, ch. 2004-387; s. 10, ch. 2005-240; s. 5, ch. 2008-184; s. 11, ch. 2011-141; s. 20, ch. 2016-145; s. 16, ch. 2017-41; s. 19, ch. 2022-35.

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Amendments to 465.016


Annotations, Discussions, Cases:

Cases Citing Statute 465.016

Total Results: 6  |  Sort by: Relevance  |  Newest First

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Cohn v. Dept. of Prof'l Reg., 477 So. 2d 1039 (Fla. 3d DCA 1985).

Cited 15 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2390, 1985 Fla. App. LEXIS 16422

...ging him with dispensing a controlled substance, methaqualone — quaaludes — in such quantities as to demonstrate a lack of "good faith" and a departure from the "course of professional practice." The DPR claimed that this conduct violated sections 465.016(1)(i) and 893.04(1), Florida Statutes (1981): 465.016 Disciplinary actions....
...for review denied, 412 So.2d 470 (Fla. 1982). Indeed, numerous Florida decisions and those from other jurisdictions make clear that discipline may be imposed for violations of equally, if not even more facially uncertain standards than those contained in sections 465.016 and 893.04....
...ble statute. This conclusion is supported by the overwhelming weight of authority on the subject. Thus, in Lentine, supra, a doctor's license was revoked for having participated in a scheme to sell medical licenses. Relying upon a statute similar to section 465.016, the State Board of Health deemed this activity "unprofessional and dishonorable" although the sale of medical licenses was not among the specifically enumerated acts of unprofessional conduct listed in the statute....
...CONCLUSIONS OF LAW 1. The Division of Administrative Hearings has jurisdiction over the subject matter hereof and the parties hereto. Section 120.57(1), Florida Statutes (1981). 2. The Administrative Complaint filed herein charges Respondent with violation of Sections 465.016(1)(e), 465.016(1)(i), and 893.04(1), Florida Statutes....
...Since that statute prescribes the manner in which a controlled substance can be dispensed, and since Respondent complied with every item in that list, then there is absolutely no basis on which Respondent can be found to have violated Section 893.04(1), Florida Statutes. 3. Section 465.016(1)(i), Florida Statutes, prohibits a pharmacist from: (i) Compounding, dispensing, or distributing a legend drug, including any controlled substance, other than in the course of professional practice of pharmacy....
...lone. Accordingly, there is no allegation and no evidence that Respondent dispensed an excessive or inappropriate quantity which was not in the best interest of the patient and therefore not in the course of the professional practice of pharmacy. 4. Section 465.016(1)(e), Florida Statutes, prohibits a pharmacist from: (e) Violating any of the requirements of this chapter; chapter 500, known as the "Florida Food, Drug, and Cosmetic Law"; 21 U.S.C., ss....
...in the formal hearing herein, and since no violation of Chapter 21 of the United States Code was charged in the Administrative Complaint or identified in the testimony taken herein, there is no basis on which Respondent can be found to have violated Section 465.016(1)(e), Florida Statutes....
...ercent of the total methaqualone dispensed. 5. At the time, methaqualone was designated as a Schedule II substance. [7] We agree that there was in fact no such violation. The only provision even suggested by the DPR in this respect is the portion of section 465.016(1)(i), which states that dispensing drugs "in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the professional practice of pharmacy." It is apparent, however, that the claus...
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Schiffman v. Dept. of Pro. Reg., 581 So. 2d 1375 (Fla. 1st DCA 1991).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1991 WL 103462

...From these cases we conclude that the Board's final order is inadequate because it contains no statement of policy to support its refusal to reinstate Schiffman's license. Moreover, we hold that the Board does not have the power under the current regulatory statutes to permanently revoke Schiffman's license. Section 465.016(4), Florida Statutes (1989), [1] authorizes the Board of Pharmacy to establish rules containing guidelines for reinstatement of licenses to practice pharmacy....
...ed that such person has complied with all the terms and conditions set forth in the final order and that such person is capable of safely engaging in the practice of nursing.'" Id. at 452. These provisions are identical to the parallel provisions of section 465.016 relating to the reinstatement of a pharmaceutical license....
...atements of fact and policy consistent with this opinion, with the additional direction that the Board is prohibited from permanently revoking Schiffman's license under existing statutes. WIGGINTON, J., and WENTWORTH, Senior Judge, concur. NOTES [1] Section 465.016(4) provides: The board shall by rule establish guidelines for the disposition of disciplinary cases involving specific types of violations. Such guidelines may include minimum and maximum fines, periods of supervision or probation, or conditions of probation or reissuance of a license. [2] This provision is virtually identical to Section 465.016(3), Florida Statutes, (1989), relating to reinstatement of pharmacists' licenses, which provides: The board shall not reinstate the license of a pharmacist, or cause a license to be issued to a person it has deemed unqualified, until...
...t bar, because the existence of the option to permanently debar in subsection (4) demonstrated that subsection (3) must permit reinstatement. We are not persuaded by this reasoning. The fact remains that section 464.018(3) in the nursing statute and section 465.016(3) in the pharmacy statute are identical, and neither authorizes permanent revocation of a license....
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Federgo Disc. v. Dept. of Prof. Reg., 452 So. 2d 1063 (Fla. 3d DCA 1984).

Cited 3 times | Published | Florida 3rd District Court of Appeal

...[2] When a drug diversion audit conducted by the Board of Pharmacy revealed that excessive amounts of methaqualone had been dispensed by the pharmacist over a course of time, the Board charged the appellants with violating Florida Statute Section 465.023(1)(c) and, in turn, Sections 465.016(1)(i) and 893.04, and sought to revoke their permit....
...suspend the permit of any person was [sic] has, inter alia: "Violated any of the requirements of this chapter or any of the rules of the Board of Pharmacy; of chapter 500, known as the `Florida Food, Drug, and Cosmetic Law'; or of chapter 893; ... "Section 465.016(1)(i), Florida Statutes, empowers the board to take disciplinary action against a pharmacist found to have been, inter alia: "Compounding, dispensing, or distributing a legend drug, including any controlled substance, other than in the course of professional practice of pharmacy....
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Cincinnati Ins. Co. v. Quorum Mgmt. Corp., 186 F. Supp. 3d 1307 (M.D. Fla. 2016).

Published | District Court, M.D. Florida | 2016 U.S. Dist. LEXIS 70274, 2016 WL 2937461

...r 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. Fla. Stat. § 465.016 (l)(g)....
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Lazarus v. Dep't of Prof'l Reg., 481 So. 2d 22 (Fla. 3d DCA 1985).

Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2674, 1985 Fla. App. LEXIS 17137

...3d DCA 1985), except that in the present case the hearing officer made findings of fact contrary to Lazarus’ position on the question of whether the prescriptions at issue were filled in good faith and in the course of professional practice. See § 465.016(l)(i), Fla.Stat....
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Schram v. Dep't of Prof'l Reg., 603 So. 2d 1307 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 8540, 1992 WL 191171

...ing a fine. The consent order also revoked the pharmacy and controlled substance licenses of Detroit Discount Prescriptions, Inc., of which Schram was a 50% owner. On September 20, 1989, DPR began investigating the matter for a possible violation of section 465.016(l)(h), Florida Statutes (1989), which provides for disciplinary action where a pharmacist has been disciplined by another state’s regulatory agency “for any offense that would constitute a violation of this chapter.” An administ...
...an activity is the basis for the state of Florida complaint. In fact, the Florida Board had already issued a final order on May 13, 1991, finding a default on the part of Appellant and revoking his license to practice pharmacy in Florida pursuant to section 465.016(l)(h), Florida Statutes (1989)....

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