Section 465.018, Florida Statutes was amended in 2011, by HB 7095 to require every community pharmacy that dispenses Schedule II and Schedule III controlled substances to be re-permitted by July 1, 2012. This new requirement is intended to prevent felons and other nefarious individuals from owning and controlling community pharmacies, as part of Florida’s continued efforts to prevent and control prescription drug abuse. All owners, officers, and prescription department managers of the community pharmacy will need to submit fingerprints to the Department of Health as part of the permitting process. The community pharmacy must also have written policies and procedures for preventing controlled substance dispensing based upon fraudulent representations or invalid practitioner-patient relationships.
In order to apply for the controlled substance permit a community pharmacy must first complete the following requirements:
1) Establish or Update Officers and Owners information on the MQA online database.
2) Obtain and submit fingerprints for all owners, officers and prescription department managers, unless the corporation is exempt under the Section 465.022, Florida Statutes for corporations having more than $100 million of business taxable assets in this state. For exempt corporation, only the prints of the prescription department manager are required. Community pharmacies may avail themselves of the convenience of electronic fingerprinting services offered by Livescan device vendors that are approved by the Florida Department of Law Enforcement, and the Department of Health. The ORI number to be provided to the fingerprinting vendor for the pharmacy profession is FL924190Z.
Once the pharmacy has completed the above steps, it can apply for a new permit.
To avoid disruptions to a business, community pharmacies are advised to begin the permitting process immediately. For assistance and guidance with applying for a community pharmacy permit, developing policies and procedures for preventing controlled substance dispensing fraud and abuse, or to appeal a permit denial or revocation, contact Rafael A. Gaitan, Esq. Mr. Gaitan has over 15 years experience in the health care industry, regularly representing pharmacies and pharmacist before regulatory bodies like the Florida Department of Health, and the Board of Medicine. Mr. Gaitan can be reached via e-mail at [email protected] or via telephone at 305.329.1462.