Section 64B16-28.109 - Prescription Department; Padlock; Sign: "Prescription Department Closed."(1) The prescription department of any community pharmacy permittee shall be considered closed whenever the establishment is open and a pharmacist is not present and on duty. A sign with bold letters not less than two (2) inches in width and height, shall be displayed in a prominent place in the prescription department so that it may easily be read by patrons of that establishment. The sign shall contain the following language: "Prescription Department Closed."(2) The term "not present and on duty" shall not be construed to prevent a pharmacist from exiting the prescription department for the purpose of consulting or responding to inquiries or providing assistance to patients or customers, attending to personal hygiene needs, taking a meal break pursuant to Rule 64B16-27.1001, F.A.C., or performing any other function for which the pharmacist is responsible, provided that such activities are conducted in a manner consistent with the pharmacist's responsibility to provide pharmacy services.(3) At all times when the prescription department is closed, either because of the absence of a pharmacist or for any other reason, it shall be separated from the remainder of the establishment by partition or other means of enclosure, thereby preventing access to the prescription department by persons not licensed in Florida to practice the profession of pharmacy.(4) The partition or other means of enclosure shall be securely locked or padlocked and only a pharmacist shall have the means to gain access to the prescription department.(5) Whenever the prescription department of any community pharmacy establishment is closed, no person other than a pharmacist shall enter, be permitted to enter or remain in the prescription department.Fla. Admin. Code Ann. R. 64B16-28.109
Rulemaking Authority 465.005, 465.022 FS. Law Implemented 465.022 FS.
Amended 8-20-63, 5-19-72, Repromulgated 12-18-74, Amended 5-6-80, Formerly 21S-1.14, 21S-1.014, Amended 7-31-91, Formerly 21S-28.109, 61F10-28.109, 59X-28.109, Amended 6-15-98, 4-10-05.New 8-20-63, 5-19-72, Repromulgated 12-18-74, Amended 5-6-80, Formerly 21S-1.14, 21S-1.014, Amended 7-31-91, Formerly 21S-28.109, 61F10-28.109, 59X-28.109, Amended 6-15-98, 4-10-05.