(1) Duly authorized agents and employees of the department may inspect in a lawful manner at all reasonable hours any pharmacy, hospital, clinic, wholesale establishment, manufacturer, physician’s office, or any other place in the state in which drugs and medical supplies are compounded, manufactured, packed, packaged, made, stored, sold, offered for sale, exposed for sale, or kept for sale for the purpose of:
(a) Determining if any provision of this chapter or any rule adopted under its authority is being violated;
(b) Securing samples or specimens of any drug or medical supply after paying or offering to pay for such sample or specimen; or
(c) Securing such other evidence as may be needed for prosecution under this chapter.
1(2) Duly authorized agents and employees of the department may inspect a nonresident pharmacy registered under s. 465.0156 or a nonresident sterile compounding permittee under s. 465.0158 pursuant to this section. The costs of such inspections shall be borne by such pharmacy or permittee.
(3) Except as permitted by this chapter, and chapters 406, 409, 456, 499, and 893, records maintained in a pharmacy relating to the filling of prescriptions and the dispensing of medicinal drugs may be furnished only to the patient for whom the drugs were dispensed, or her or his legal representative, or to the department pursuant to existing law, or, if the patient is incapacitated or unable to request such records, her or his spouse except upon the written authorization of such patient.
(a) Such records may be furnished in any civil or criminal proceeding, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice to the patient or her or his legal representative by the party seeking such records.
(b) The board shall adopt rules establishing practice guidelines for pharmacies to dispose of records maintained in a pharmacy relating to the filling of prescriptions and the dispensing of medicinal drugs. Such rules must be consistent with the duty to preserve the confidentiality of such records in accordance with applicable state and federal law.
1Note.—Section 11, ch. 2019-99, which was codified as s. 499.02851, provides in part that “[i]mplementation of sections 2 through 10 of this act is contingent upon authorization granted under federal law, rule, or approval.” If the contingency occurs, subsection (2), as amended by s. 3, ch. 2019-99, will read:
(2) Duly authorized agents and employees of the department may inspect a nonresident pharmacy registered under s. 465.0156, an international export pharmacy permittee under s. 465.0157, or a nonresident sterile compounding permittee under s. 465.0158 pursuant to this section. The costs of such inspections shall be borne by such pharmacy or permittee.
...he patient. The enactment of section 893.07 was an extension of warrantless search and seizure power by the Legislature "as part of a major legislative revision of the Florida drug abuse laws." Gettel v. State, 449 So.2d 413, 414 (Fla. 2d DCA 1984). Section 465.017(2)(a), Florida Statutes, specifically addresses the release of controlled substance records maintained by a pharmacy. Release of such records to persons other than the patient is prohibited, "[e]xcept as permitted by" chapter 893, Florida Statutes. § 465.017(2)(a), Fla....
...The court granted the motion to suppress, stating, "I don't think that the law, the right to privacy or the Constitution, necessarily agrees with that." The State filed a motion for rehearing. During the hearing on the motion for rehearing, the State argued that section 465.017(2)(a), Florida Statutes (2007 & 2008), when read in conjunction with section 893.07(4), gives law enforcement officers access to a pharmacy's controlled substance records without having to obtain a subpoena....
...Section 395.3025, however, does not support Tamulonis's position because the statute applies to "licensed facilit[ies]," which are defined as "hospital[s], ambulatory surgical center[s], or mobile surgical facilit[ies]." § 395.002(16). Pharmacists are licensed and regulated under chapter 465. Section 465.017(2)(a) provides: Except as permitted by this chapter, and chapters 406, 409, 456, 499, and 893, records maintained in a pharmacy relating to the filling of prescriptions and the dispensing of medicinal drugs shall not be furnished to any person.......
Cited 3 times | Published | Florida 2nd District Court of Appeal | 2011 WL 561407
...ht against unreasonable searches and seizures. 1 More specifically, Mr. Hendley argued that the law enforcement officers had obtained information from Hedges Pharmacy and from Sarasota Emergency Associates in violation of sections 395.3025(4)(d) and 465.017(2)(a), Florida Statutes (2008), without first obtaining a subpoena or a warrant and without probable cause....
...n the information from the pharmacy without a subpoena. 4 On appeal, Mr. Hendley argues that the Sarasota detectives improperly seized his records from Hedges Pharmacy without a warrant, a subpoena, or notice to him under sections 395.3025(4)(d) and 465.017(2)(a)....
...v. Bean, 36 So.3d 116, 118 (Fla. 2d DCA 2010) (noting same); see also State v. Shukitis, 58 So.3d 406, 408 , 2010 WL 4365761 (Fla. 2d DCA 2010) (citing Tamu-lonis for the foregoing proposition). Accordingly, we analyze Mr. Hendley’s argument under section 465.017(2)(a). Section 465.017(2)(a) provides in pertinent part as follows: Except as permitted by this chapter, and chapters 406, 409, 456, 499, and 893, records maintained in a pharmacy relating to the filling of prescriptions and the dispensing of medicinal drug...
...and made available for a period of at least 2 years for inspection and copying by law enforcement officers whose duty it is to enforce the laws of this state relating to controlled substances.” (Emphasis added.) *299 In Tamulonis , this court addressed the interplay between sections 465.017 and 893.07 and concluded that section 893.07(4) authorizes “law enforcement officers whose duty it is to enforce the laws of this state relating to controlled substances” to obtain an indiyidual’s prescription records related to controlled substances without a warrant, a subpoena, or prior notice to the patient....
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