CopyCited 15 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2390, 1985 Fla. App. LEXIS 16422
...ensing 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....
...301-392, known as the "Federal Food, Drug, and Cosmetic Act"; or chapter 893. * * * * * * (i) Compounding, dispensing, or distributing a legend drug, including any controlled substance, other than in the course of professional practice of pharmacy. [e.s.]. 893.04 Pharmacist and practitioner....
...m," and that "in some way I think it is more good than having them go out on the street and buy them." Although there was no statute or rule that specifically precluded his activities, and Cohn met each of the particularized regulatory provisions of section 893.04, [4] the DPR presented *1042 the testimony of an expert witness, Louis Fisher, who was both a licensed pharmacist and an investigator for the DEA....
...censed physicians; putting it another way, she held that a pharmacist necessarily acts in "good faith and in the course of professional practice" in filling prescriptions when, as Cohn did, he complies with the conditions in that regard contained in section 893.04....
...On review, the Board of Pharmacy made two critical decisions one of law and one of fact which underlay the order of revocation now before us. In its legal determination with which we concur it concluded that, under the applicable statutes, a mere compliance with the terms of section 893.04 and any other existing rule does not insulate a pharmacist from appropriate discipline if his conduct otherwise lacks "good faith" or departs from the requirements of "professional practice." In this regard, it said: Not only must a ph...
...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....
...1984), and cases cited. It also follows addressing the precise situation involved in this case that the licensee's compliance with any specific statutes or rules which do exist concerning the particular conduct involved, such as are arguably contained in section 893.04, does not prevent the imposition of discipline if the licensee otherwise violates the general requirements of the applicable statute....
...The Board of Pharmacy cannot constitutionally revoke a pharmacist's license under the facts of this case. [1] As the court acknowledges, there was no statute or rule that specifically precluded Cohn's activities and, further, he met each of the regulatory provisions of section 893.04(1), Florida Statutes (1983) ( see majority opinion at 1041)....
...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. Section
893.04(1), Florida Statutes, provides that: "A pharmacist, in good faith and in the course of professional practice only, may dispense controlled substances upon a written or oral prescription of a practitioner, under the following conditions...
...the manner in which the prescription is to be filled, the labeling requirements for the container in which the medication is dispensed, and record-keeping requirements for pharmacists filling prescriptions for controlled substances. In other words, Section 893.04, Florida Statutes, details the list of conditions under which a prescription can be lawfully filled....
...in that list. 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....
...Petitioner's whole theory is that because Don's Discount Drugs, through Respondent, sold a large quantity of a legal substance Respondent was not dispensing "in good faith" or "in the course of professional practice only" or "in the best interest of the patient." However, Section 893.04, Florida Statutes, states that a pharmacist is in good faith and in the course of professional practice when he fulfills the list of conditions for dispensing a controlled substance....
...no matter how regular in form, if he chooses not to do so. [3] This court has recently affirmed the revocation of the medical license of one of these physicians. Apiau v. The Florida Board of Medical Examiners,
473 So.2d 775 (Fla. 3d DCA 1985). [4]
893.04(1): (a) Oral prescriptions must be promptly reduced to writing by the pharmacist....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2713539
...499.007(12), or s. 499.0122(1)(b) or (c)." Of those listed statutes, section
465.003(8), Florida Statutes (2004), provides the simplest definition: "legend drugs" are drugs that are "required by federal or state law to be dispensed only on a prescription." Section
893.04(1) states that a pharmacist may dispense a "controlled substance" only "upon a written or oral prescription." A controlled substance is defined in section
893.02(4) as "any substance named or described in Schedules I-V of s....
...n. In 2000, the Legislature removed hydrocodone from Schedule III, leaving it only as a Schedule II drug. [3] Ch.2000-320, § 2, at 3843, Laws of Fla. The effect of this legislation was to prohibit refills of prescription drugs like Vicodin. Compare § 893.04(1)(f) (prohibiting physicians from including refills on a prescription for a Schedule II controlled substance) with § 893.04(1)(g) (stating that a prescription for a Schedule III controlled substance may be filled or refilled five times during a six-month period)....
...trafficking prosecutions, patients may not legally possess Vicodin unless their doctors write prescriptions for less than a day's recommended dosage. Any patient who needs more of the drug would be forced to refill the prescription every day. Under section 893.04(1)(g), which permits prescriptions for controlled substances to be filled or refilled a total of five times during a six-month period, the patient's ability to obtain refills would terminate in less than a week....
CopyCited 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....
...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 *1065 is not in the course of the professional practice of pharmacy. "Pursuant to Section 893.04(1), Florida Statutes, a pharmacist must act in good faith and in the course of his professional practice in dispensing controlled substances....
CopyCited 3 times | Published | District Court, M.D. Florida | 2017 U.S. Dist. LEXIS 20676, 2017 WL 600094
...ile the latter penalizes for a failure to do so—Graddy’s logic does not stand up to scrutiny. POM 1703 simply echoes state and federal laws that prohibit pharmacists from knowingly dispensing medications pursuant to fraudulent prescriptions. See § 893.04(f), Fla....
...(9)(h), Florida Statutes, which permits a pharmacist to dispense medications to a law enforcement officer for medical or scientific purposes only, but Graddy does not argue that it applies here. Graddy does argue, however, that she - did not violate section 893.04(f)—the Florida statute prohibiting pharmacists from dispensing forged prescriptions—because she did not "dispense” the medication as that term is defined in the statute....
...Graddy provides no authority for this interpretation of the statute, and it raises a second concern: if Graddy did not "dispense” the medication to the ultimate consumer for consumption, was she acting “in good faith” and "in the course of professional practice” as required by pharmacists in section 893.04(1), Florida Statutes? (See § 893.04(1), Fla....
