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ALERT: Florida Board of Pharmacy Changes 40 Hour Requirement

by Joseph G. Sapp, LL.M.

On August 23, 2016 the Florida Board of Pharmacy amended its rule regarding the regulation of daily operating hours[1]. In applying this change, the Board of Pharmacy recognizes the delay in business operations that occurs between obtaining a community pharmacy license and DEA registration. Prior to the amendment, a party who acquired a pharmacy through an asset purchase arrangement were forced to employ a full-time staff for forty (40) hours per week while they awaited DEA registration and inspection. This delay created an interruption in cash-flow and an increased business expense on new pharmacies before they could even fill their first prescription.

Now, a prospective pharmacy purchaser can notify the Board of Pharmacy within fourteen (14) days of receipt of the pharmacy permit of their election to delay commencement of operations along with their reason thereof. During that period a pharmacy is required to display a sign in block letters at the main entrance of the facility that it is not yet open for business and that “medicinal drugs may not be sold, filled, or dispensed. Once the DEA license is received the pharmacy must notify the Florida Board of Pharmacy within two (2) days that the permittee has commenced to operate and the date of commencement.

As with everything, communication is key. Pharmacies can benefit from obtaining representation by an experienced pharmacy law attorney. Our pharmacy law attorneys frequently assist pharmacy owners and pharmacists with regulatory compliance and matters before the Florida Board of Pharmacy.

[1] 64B16-28.1081, Florida Administrative Code