Senate Bill sb2100c2
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Florida Senate - 2007 CS for CS for SB 2100
By the Committees on Health and Human Services Appropriations;
Health Regulation; and Senator Peaden
603-2445-07
1 A bill to be entitled
2 An act relating to pharmacy technicians;
3 amending s. 465.014, F.S.; providing for the
4 registration of pharmacy technicians; requiring
5 the Board of Pharmacy to set fees and rules to
6 register pharmacy technicians; providing
7 qualification requirements; providing a
8 limitation; exempting pharmacy technician
9 students and licensed pharmacy interns from
10 certain registration requirements; providing
11 continuing education requirements for
12 registration renewal; requiring the board to
13 adopt rules; providing grounds for denial,
14 suspension, or revocation of registration or
15 other disciplinary action; authorizing the
16 board to impose certain penalties; requiring
17 the board to adopt rules requiring a pharmacy
18 to notify the board when employing technicians;
19 requiring the board to maintain a directory of
20 technicians and publish the directory on the
21 Internet; amending s. 465.015, F.S.;
22 prohibiting a person who is not registered as a
23 pharmacy technician from performing certain
24 functions or holding himself or herself out to
25 others as a pharmacy technician; amending ss.
26 465.019, 465.0196, and 465.0197, F.S.;
27 conforming references; amending s. 465.0235,
28 F.S.; authorizing pharmacies to use an
29 automated pharmacy system located on its
30 premises; prohibiting automated pharmacy
31 systems from dispensing substances controlled
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Florida Senate - 2007 CS for CS for SB 2100
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1 in Schedule I of ch. 893, F.S.; requiring the
2 Board of Pharmacy to adopt rules for the
3 security of an automated pharmacy system which
4 require a photographic record of the recipient
5 if the drug is dispensed directly to the
6 recipient in a public location; providing an
7 appropriation and authorizing additional
8 positions; providing effective dates.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Effective January 1, 2009, section 465.014,
13 Florida Statutes, is amended to read:
14 465.014 Pharmacy technician.--
15 (1) A No person other than a licensed pharmacist or
16 pharmacy intern may not engage in the practice of the
17 profession of pharmacy, except that a licensed pharmacist may
18 delegate to nonlicensed pharmacy technicians registered
19 pursuant to this section those duties, tasks, and functions
20 which do not fall within the purview of s. 465.003(13). All
21 such delegated acts shall be performed under the direct
22 supervision of a licensed pharmacist who shall be responsible
23 for all such acts performed by persons under his or her
24 supervision. A registered pharmacy technician, under the
25 supervision of a pharmacist, may initiate or receive
26 communications with a practitioner or his or her agent, on
27 behalf of a patient, regarding refill authorization requests.
28 A No licensed pharmacist may not shall supervise more than one
29 registered pharmacy technician unless otherwise permitted by
30 the guidelines adopted by the board. The board shall establish
31 guidelines to be followed by licensees or permittees in
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1 determining the circumstances under which a licensed
2 pharmacist may supervise up to four registered more than one
3 but not more than three pharmacy technicians.
4 (2) Any person who wishes to work as a pharmacy
5 technician in this state must register by filing an
6 application with the board on a form adopted by rule of the
7 board. The board shall register each applicant who has
8 remitted a registration fee set by the board, not to exceed
9 $50 biennially; has completed the application form and
10 remitted a nonrefundable application fee set by the board, not
11 to exceed $50; and is at least 16 years of age.
12 (3) A person whose license to practice pharmacy has
13 been denied, suspended, or restricted for disciplinary
14 purposes is not eligible to be registered as a pharmacy
15 technician.
16 (4) Notwithstanding the requirements of this section
17 or any other provision of law, a pharmacy technician student
18 may be placed in a pharmacy for the purpose of obtaining
19 practical training required by the body accrediting the
20 pharmacy technician training program. A pharmacy technician
21 student shall wear identification that indicates his or her
22 student status when performing the functions of a pharmacy
23 technician, and registration under this section is not
24 required.
25 (5) Notwithstanding the requirements of this section
26 or any other provision of law, a person licensed by the state
27 as a pharmacy intern may be employed as a registered pharmacy
28 technician without paying a registration fee or filing an
29 application with the board to register as a pharmacy
30 technician.
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1 (6) As a condition of registration renewal, a pharmacy
2 technician shall complete 20 hours biennially of continuing
3 education courses approved by the board or the Accreditation
4 Council for Pharmaceutical Education, of which 4 hours must be
5 via live presentation and 2 hours must be related to the
6 prevention of medication errors and pharmacy law.
7 (7) The board shall adopt rules that require each
8 registration issued by the board under this section to be
9 displayed in such a manner as to make it available to the
10 public and to facilitate inspection by the department and such
11 other rules as necessary to administer the provisions of this
12 section.
13 (8) If the board finds that an applicant for
14 registration as a pharmacy technician or that a registered
15 pharmacy technician has committed an act that constitutes
16 grounds for discipline as set forth in s. 456.072(1) or has
17 committed an act that constitutes grounds for denial of a
18 license or disciplinary action as set forth in this chapter,
19 including an act that constitutes a substantial violation of
20 s. 456.072(1) or a violation of this chapter which occurred
21 before the applicant or registrant was registered as a
22 pharmacy technician, the board may enter an order imposing any
23 of the penalties specified in s. 456.072(2) against the
24 applicant or registrant.
25 (9) The board shall adopt rules requiring and
26 specifying the manner in which a pharmacy shall notify the
27 board when a registered technician is employed or ceases
28 employment with the pharmacy.
29 (10) The board shall maintain a current directory of
30 registered pharmacy technicians indicating their place of
31 employment and which must be published on the Internet.
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1 Section 2. Effective January 1, 2009, paragraph (d) is
2 added to subsection (3) of section 465.015, Florida Statutes,
3 to read:
4 465.015 Violations and penalties.--
5 (3)
6 (d) It is unlawful for a person who is not registered
7 as a pharmacy technician under this chapter, or who is not
8 otherwise exempt from the requirement to register as a
9 pharmacy technician, to perform the functions of a registered
10 pharmacy technician or hold himself or herself out to others
11 as a person who is registered to perform the functions of a
12 registered pharmacy technician in this state.
13 Section 3. Effective January 1, 2009, subsection (5)
14 of section 465.019, Florida Statutes, is amended to read:
15 465.019 Institutional pharmacies; permits.--
16 (5) All institutional pharmacies shall be under the
17 professional supervision of a consultant pharmacist, and the
18 compounding and dispensing of medicinal drugs shall be done
19 only by a licensed pharmacist. Every institutional pharmacy
20 that employs or otherwise utilizes registered pharmacy
21 technicians shall have a written policy and procedures manual
22 specifying those duties, tasks, and functions which a pharmacy
23 technician is allowed to perform.
24 Section 4. Effective January 1, 2009, section
25 465.0196, Florida Statutes, is amended to read:
26 465.0196 Special pharmacy permits.--Any person
27 desiring a permit to operate a special pharmacy shall apply to
28 the department for a special pharmacy permit. If the board
29 certifies that the application complies with the applicable
30 laws and rules of the board governing the practice of the
31 profession of pharmacy, the department shall issue the permit.
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1 No permit shall be issued unless a licensed pharmacist is
2 designated to undertake the professional supervision of the
3 compounding and dispensing of all drugs dispensed by the
4 pharmacy. The licensed pharmacist shall be responsible for
5 maintaining all drug records and for providing for the
6 security of the area in the facility in which the compounding,
7 storing, and dispensing of medicinal drugs occurs. The
8 permittee shall notify the department within 10 days of any
9 change of the licensed pharmacist responsible for such duties.
10 Every permittee that employs or otherwise utilizes pharmacy
11 technicians shall have a written policy and procedures manual
12 specifying those duties, tasks, and functions which a
13 registered pharmacy technician is allowed to perform.
14 Section 5. Effective January 1, 2009, subsection (1)
15 of section 465.0197, Florida Statutes, is amended to read:
16 465.0197 Internet pharmacy permits.--
17 (1) Any person desiring a permit to operate an
18 Internet pharmacy shall apply to the department for an
19 Internet pharmacy permit. If the board certifies that the
20 application complies with the applicable laws and rules of the
21 board governing the practice of the profession of pharmacy,
22 the department shall issue the permit. No permit shall be
23 issued unless a licensed pharmacist is designated as the
24 prescription department manager for dispensing medicinal drugs
25 to persons in this state. The licensed pharmacist shall be
26 responsible for maintaining all drug records and for providing
27 for the security of the area in the facility in which the
28 compounding, storing, and dispensing of medicinal drugs to
29 persons in this state occurs. The permittee shall notify the
30 department within 30 days of any change of the licensed
31 pharmacist responsible for such duties. Every permittee that
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Florida Senate - 2007 CS for CS for SB 2100
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1 employs or otherwise utilizes registered pharmacy technicians
2 shall have a written policy and procedures manual specifying
3 those duties, tasks, and functions which a registered pharmacy
4 technician is allowed to perform.
5 Section 6. Section 465.0235, Florida Statutes, is
6 amended to read:
7 465.0235 Automated pharmacy systems used by long-term
8 care facilities, hospices, or state correctional institutions,
9 or pharmacies.--
10 (1) A pharmacy may provide pharmacy services through
11 the use of an automated pharmacy system located on its
12 premises and may provide pharmacy services to a long-term care
13 facility or hospice licensed under chapter 400 or chapter 429
14 or a state correctional institution operated under chapter 944
15 through the use of an automated pharmacy system that need not
16 be located at the same location as the pharmacy.
17 (2) Medicinal drugs stored in bulk or unit of use in
18 an automated pharmacy system servicing a long-term care
19 facility, hospice, or correctional institution, or pharmacy
20 are part of the inventory of the pharmacy providing pharmacy
21 services to that facility, hospice, or institution, or
22 pharmacy and drugs delivered by the automated pharmacy system
23 are considered to have been dispensed by that pharmacy and
24 certified by a pharmacist. Automated pharmacy systems shall
25 not dispense substances controlled in Schedule I of s. 893.03.
26 (3) The operation of an automated pharmacy system must
27 be under the supervision of a Florida-licensed pharmacist. To
28 qualify as a supervisor for an automated pharmacy system, the
29 pharmacist need not be physically present at the site of the
30 automated pharmacy system and may supervise the system
31 electronically. The Florida-licensed pharmacist shall be
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Florida Senate - 2007 CS for CS for SB 2100
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1 required to develop and implement policies and procedures
2 designed to verify that the medicinal drugs delivered by the
3 automated dispensing system are accurate and valid and that
4 the machine is properly restocked.
5 (4) The Legislature does not intend this section to
6 limit the current practice of pharmacy in this state. This
7 section is intended to allow automated pharmacy systems to
8 enhance the ability of a pharmacist to provide pharmacy
9 services in locations that may do not employ a full-time
10 pharmacist. This section does not limit or replace the use of
11 a consultant pharmacist.
12 (5) The board shall adopt rules governing the use of
13 an automated pharmacy system by January 1, 2008 2005, which
14 must specify:
15 (a) Recordkeeping requirements;
16 (b) Security requirements, including a photographic
17 record of the recipient if the drug is dispensed directly to
18 the recipient in a public location; and
19 (c) Labeling requirements that permit the use of
20 unit-dose medications if the facility, hospice, or
21 institution, or pharmacy maintains medication-administration
22 records that include directions for use of the medication and
23 the automated pharmacy system identifies:
24 1. The dispensing pharmacy;
25 2. The prescription number;
26 3. The name of the patient; and
27 4. The name of the prescribing practitioner.
28 Section 7. The sum of $812,334 is appropriated from
29 the Medical Quality Assurance Trust Fund to the Department of
30 Health, and 13.5 positions and associated salary rate of
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1 514,673 is authorized to implement this act during the
2 2007-2008 fiscal year.
3 Section 8. Except as otherwise expressly provided in
4 this act, this act shall take effect upon becoming a law.
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6 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
7 CS for SB 2100
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9 Authorizes pharmacies to provide automated pharmacy services
to long-term care facilities, hospices, and correctional
10 institutions. Requires a photographic record of the recipient
if the drug is dispensed directly to the recipient in a public
11 location.
12 Appropriates $812,334 from the Medical Quality Assurance Trust
Fund, 13.5 positions, and salary rate of 514,673 to implement
13 the bill during the 2007-2008 fiscal year.
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