Diverted Pharmaceuticals Program Requirements

All Medicaid pharmacy providers will be required to perform the following functions when dispensing prescription drugs (tablets and capsules, excluding nitroglycerincontaining products or medication that is required by the manufacturer to be dispensed in the manufacturer‘s original packaging) to a Medicaid patient: Remove from original container and place in pharmacy vial; Prescription drugs that are in the dosage form of any of the following: creams, ointments, ophthalmics, inhalers, topical patches, otics, reconstituted medications, and injectables: Inscribe an ―M‖ on the outside of the original manufacturer‘s packaging by using an indelible marker and ensuring that the ―M‖ is clearly visible or remove the manufacturer label

To ensure compliance, the Agency may conduct audits. Findings from an initial audit will be shared with the pharmacy during the audit and the pharmacy will receive additional instruction of dispensing requirements. Pharmacies having deficiencies greater than 10.0% in a first re-audit shall be fined in the amount of $1,000 per violation. Pharmacies that have deficiencies of greater than 10.0% in a second re-audit may either be fined up to $5,000 per violation pursuant to
Section 409.913, F.S., or terminated from the Medicaid Program.

Failure to comply with the dispensing requirements will result in sanctions as allowed in section 409.913, Florida Statutes, or Chapter 59G, Florida Administrative Code.