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Florida Statute 429.42 | Lawyer Caselaw & Research
F.S. 429.42 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 429.42

The 2023 Florida Statutes (including Special Session C)

Title XXX
SOCIAL WELFARE
Chapter 429
ASSISTED CARE COMMUNITIES
View Entire Chapter
F.S. 429.42
429.42 Pharmacy and dietary services.
(1) Any assisted living facility in which the agency has documented a class I or class II deficiency or uncorrected class III deficiencies regarding medicinal drugs or over-the-counter preparations, including their storage, use, delivery, or administration, or dietary services, or both, during a biennial survey or a monitoring visit or an investigation in response to a complaint, shall, in addition to or as an alternative to any penalties imposed under s. 429.19, be required to employ the consultant services of a licensed pharmacist, a licensed registered nurse, or a registered or licensed dietitian, as applicable. The consultant shall, at a minimum, provide onsite quarterly consultation until the inspection team from the agency determines that such consultation services are no longer required.
(2) A corrective action plan for deficiencies related to assistance with the self-administration of medication or the administration of medication must be developed and implemented by the facility within 48 hours after notification of such deficiency, or sooner if the deficiency is determined by the agency to be life-threatening.
(3) The agency shall employ at least two pharmacists licensed pursuant to chapter 465 among its personnel who biennially inspect assisted living facilities licensed under this part, to participate in biennial inspections or consult with the agency regarding deficiencies relating to medicinal drugs or over-the-counter preparations.
(4) The agency may by rule establish procedures and specify documentation as necessary to implement this section.
History.s. 1, ch. 89-218; s. 1, ch. 90-192; s. 23, ch. 91-263; ss. 29, 38, 39, ch. 93-216; s. 17, ch. 95-210; s. 18, ch. 98-80; s. 6, ch. 98-148; ss. 2, 56, ch. 2006-197; s. 19, ch. 2019-11.
Note.Former s. 400.442.

F.S. 429.42 on Google Scholar

F.S. 429.42 on Casetext

Amendments to 429.42


Arrestable Offenses / Crimes under Fla. Stat. 429.42
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 429.42.



Annotations, Discussions, Cases:

Cases from cite.case.law:

RELIABLE CARRIERS INC. v. MOVING SITES LLC,, 309 F. Supp. 3d 473 (E.D. Mich. 2018)

. . . . § 429.42. . . .

LUCKY S DETROIT, LLC, v. DOUBLE L, INC., 533 F. App'x 553 (6th Cir. 2013)

. . . infringement, a violation of Lanham Act § 43(a), trademark infringement under Michigan Compiled Laws § 429.42 . . .

LORILLARD TOBACCO COMPANY, a v. ZOOM ENTERPRISES, INC. a d b a a a a, 809 F. Supp. 2d 692 (E.D. Mich. 2011)

. . . Laws § 429.42, and (6) violations of the Michigan Consumer Protection Act, as identified by Mich. . . . Laws § 429.42(a). Wilcom Pty. Ltd. v. Endless Visions, 128 F.Supp.2d 1027, 1033 (E.D.Mich.1998). . . .

EXPRESS WELDING, INC. a v. SUPERIOR TRAILERS, LLC, a, 700 F. Supp. 2d 789 (E.D. Mich. 2010)

. . . . § 429.42; a determination that the defendants are liable to the plaintiff for trademark infringement . . .

LORILLARD TOBACCO COMPANY, a v. VAN DYKE LIQUOR MARKET, INC. a, 471 F. Supp. 2d 822 (E.D. Mich. 2007)

. . . Law § 429.42(a), which provides: [a]ny person who shall: (A) Use, without the consent of the registrant . . . M.C.L. § 429.42(a). . . . U.S.C. § 1125(c) Count IV: Common Law Unfair Competition Count V: Statutory Unfair Competition, MCL 429.42 . . .

ANDRETTI M. A. v. BORLA PERFORMANCE INDUSTRIES, INCORPORATED,, 426 F.3d 824 (6th Cir. 2005)

. . . Four of the six substantive paragraphs making up the claim reference Michigan Compiled Laws §§ 429.42 . . . Section 429.42(a) requires a plaintiff to have a registered mark under that act, which Andretti did not . . .

PARKS, v. LAFACE RECORDS, BMG B. M., 76 F. Supp. 2d 775 (E.D. Mich. 1999)

. . . . § 429.42 because application of that statute contemplates a state registered trademark, which plaintiff . . . M.C.L. § 429.42 states in relevant part: [A]ny person who shall: (a) Use, without the consent of the . . .

ROBERTSON, v. STATE FARM FIRE AND CASUALTY CO., 890 F. Supp. 671 (E.D. Mich. 1995)

. . . Mich.Comp.Laws § 429.42. . . .