The most frequent questions asked by Florida weight loss doctors are:

Q: Can my staff dispense appetite suppressants under my supervision?

A: NO. In Florida, neither ARNP's nor PA's can prescribe controlled substances. (J. FLA M.A., Sept, 2006, vol. 90, no. 2.)

Q: Is it really necessary for the dispensing physician to personally check each bottle of meds each and every time prior to dispensing the bottle to the patient?

A: YES. Rule #14, [64B16-27.400(1)(g),(3), F.A.C.] states "Practitioner is personally certifying (checking) filled prescriptions for accuracy prior to patient receiving." "Personally" means the dispensing doctor cannot delegate this to office staff. "Certifying" means a visual check of each bottle every time, and "Accuracy" means the label, contents, count and cap are correct.

In correspondence dated July 17, 2007, Joseph DeGregorio, Jr., Investigative Specialist with the Florida Department of Health, states, "The Statutes and Administrative Code are quite clear regarding prescriptions.

• Rule 64B16-27.400(1)(g) states a pharmacist must certify the finished product.
• Rule 64B16-27.400(2)(c) states a pharmacist must physically examine and certify the accuracy of the final product.
• Florida Statute 893.04(1)(b),(1)(c) & (1)(c)6. further outline the duties of the pharmacist.
• Florida Statute 465.0276(2)(b) requires the Dispensing Practitioner to comply with the above rules and statutes.

A Dispensing Practitioner is the pharmacist once he has written the prescription and is dispensing it to the patient. The Dispensing Practitioner must follow all the rules that are for the pharmacist."

Note: A good description of the cautions of office dispensing can be found in the Summer 2007 issue of the journal of the ASBP, The Bariatrician. In "Dispensing Medication: Physicians Use Caution", Dr. David Bryman, D.O. shares advice based on his work with the American Board of Bariatric Medicine. He discusses scenarios, guidelines, law compliance, and what to look for in order to establish and adhere to best practices when it comes to dispensing medication from your office.

October 28, 2008
Rules regarding medical advertising - Click here to see checklist prepared by Erin Aebel, Esq. of Shumaker, Loop & Kendrick, LLP. (Shared with permission)


September 30, 2008
FSBP holds special break-out session at annual ASBP conference -  Erin Aebel, attorney, as guest speaker


June 2, 2008
On-line tutorial on dispensing from your office now availabe from Medical Board


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Disclaimer: Material appearing on this web site is meant to be informational only and should not be construed as medical advice. To obtain medical advice concerning obesity and safe ways to lose weight, or other medical matters, seek the counsel of a knowledgeable and competent bariatric physician.