eLaws of Florida

  SECTION 499.91. Prohibited acts.  


Latest version.
  • 1A person may not perform or cause the performance of, or aid and abet in, any of the following acts:
    21(1) 22The manufacture, sale, or delivery, or the holding or offering for sale, of a medical gas that is adulterated, misbranded, or is otherwise unfit for distribution.
    48(2) 49The adulteration or misbranding of a medical gas.
    57(3) 58The receipt of a medical gas that is adulterated, misbranded, stolen, or obtained by fraud or deceit, and the delivery or proffered delivery of such medical gas for pay or otherwise.
    89(4) 90The alteration, mutilation, destruction, obliteration, or removal of all or any part of the product labeling of a medical gas, or the willful commission of any other act with respect to a medical gas that results in its being misbranded.
    130(5) 131The purchase or receipt of a medical gas from a person not authorized to distribute or dispense medical gas or who is not exempted from permitting requirements to wholesale distribute medical gas to such purchaser or recipient.
    168(6) 169The knowing and willful sale or transfer of a medical gas to a recipient who is not legally authorized to receive a medical gas, except that a violation does not exist if a permitted wholesale distributor provides oxygen to a permitted medical oxygen retail establishment that is out of compliance with the notice of location change requirements of s. 228499.833(3)(a), 229provided that the wholesale distributor with knowledge of the violation notifies the department of the transaction by the next business day.
    250(7) 251The failure to maintain or provide records required under this part and the rules adopted under this part.
    269(8) 270Providing the department or any of its representatives or any state or federal official with false or fraudulent records or making false or fraudulent statements regarding this part or the rules adopted under this part.
    305(9) 306The distribution of a medical gas that was:
    314(a) 315Purchased by a public or private hospital or other health care entity, except for the physical distribution of such medical gas to an authorized recipient at the direction of a hospital or other health care entity;
    351(b) 352Donated or supplied at a reduced price to a charitable organization; or
    364(c) 365Stolen or obtained by fraud or deceit.
    372(10) 373The failure to obtain a license or permit or operating without a valid license or permit, if one is required.
    393(11) 394The obtaining of, or attempt to obtain, a medical gas by fraud, deceit, or misrepresentation or engaging in misrepresentation or fraud in the distribution of a medical gas.
    422(12) 423Except for emergency use oxygen, the distribution of a medical gas to a patient without a prescription from a practitioner authorized by law to prescribe a medical gas.
    451(13) 452The distribution or dispensing of a medical gas that was previously dispensed by a pharmacy or a practitioner authorized by law to prescribe.
    475(14) 476The distribution or dispensing of a medical gas or medical gas-related equipment to a patient, unless the patient has been provided with the appropriate information and counseling on the use, storage, and disposal of the medical gas.
    513(15) 514Failure to report an act prohibited under this part or the rules adopted under this part.
    530(16) 531Failure to exercise due diligence as provided in s. 540499.88541.
History.-s. 27, ch. 2014-89; s. 64, ch. 2015-2.

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