CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    hbd-21                                     Bill No. CS/HB 3179

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Kelly offered the following:

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13         Amendment (with title amendment) 

14         On page 1, line 23, through page 2, line 2,

15  remove from the bill:  all of said lines

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17  and insert in lieu thereof:

18         Section 1.  Subsection (12) of section 465.003, Florida

19  Statutes, is amended, subsections (4) through (14) are

20  renumbered as subsections (5) through (15), respectively, and

21  a new subsection (4) is added to said section, to read:

22         465.003  Definitions.--As used in this chapter, the

23  term:

24         (4)  "Data communication device" means an electronic

25  device that receives electronic information from one source

26  and transmits or routes it to another, including, but not

27  limited to, any such bridge, router, switch, or gateway.

28         (13)(12)  "Practice of the profession of pharmacy"

29  includes compounding, dispensing, and consulting concerning

30  contents, therapeutic values, and uses of any medicinal drug;

31  and consulting concerning therapeutic values and interactions

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    File original & 9 copies    04/15/98
    hbd0011                     04:01 pm         03179-0042-513447




                                                   HOUSE AMENDMENT

    hbd-21                                     Bill No. CS/HB 3179

    Amendment No.     (for drafter's use only)





 1  of patent or proprietary preparations, whether pursuant to

 2  prescriptions or in the absence and entirely independent of

 3  such prescriptions or orders; and other pharmaceutical

 4  services. For purposes of this subsection, "other

 5  pharmaceutical services" means the evaluation and monitoring

 6  of the patient's health as it relates to drug therapy and

 7  assisting the patient in the management of his or her drug

 8  therapy, and includes the assessment of the patient's drug

 9  therapy and communication with the patient and the patient's

10  prescribing health care provider as licensed under chapter

11  458, chapter 459, chapter 461, or chapter 466, or similar

12  statutory provision in another jurisdiction, or such

13  provider's agent or such other persons as specifically

14  authorized by the patient, regarding the drug therapy.

15  "Practice of the profession of pharmacy" The phrase also

16  includes any other act, service, operation, research, or

17  transaction incidental to, or forming a part of, any of the

18  foregoing acts, requiring, involving, or employing the science

19  or art of any branch of the pharmaceutical profession, study,

20  or training, and shall expressly permit a pharmacist to

21  transmit information from persons authorized to prescribe

22  medicinal drugs to their patients. In addition to the

23  authority to order and dispense medicinal drugs independently

24  of an established protocol as set forth in s. 465.186, a

25  pharmacist may also administer immunizations within the

26  framework of an established protocol under a supervisory

27  practitioner who is a physician licensed under chapter 458 or

28  chapter 459 or by written agreement with a county health

29  department. The decision by a supervisory practitioner to

30  enter into such a protocol is a professional decision of the

31  practitioner, and no person may interfere with a supervisory

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    File original & 9 copies    04/15/98
    hbd0011                     04:01 pm         03179-0042-513447




                                                   HOUSE AMENDMENT

    hbd-21                                     Bill No. CS/HB 3179

    Amendment No.     (for drafter's use only)





 1  practitioner's decision as to whether to enter into such a

 2  protocol. A pharmacist may not enter into a protocol that is

 3  to be performed while acting as an employee without the

 4  written approval of the owner of the pharmacy.

 5         Section 2.  Paragraph (l) of subsection (1) of section

 6  465.016, Florida Statutes, is amended to read:

 7         465.016  Disciplinary actions.--

 8         (1)  The following acts shall be grounds for

 9  disciplinary action set forth in this section:

10         (l)  Placing in the stock of any pharmacy any part of

11  any prescription compounded or dispensed which is returned by

12  a patient; however, in a hospital, nursing home, correctional

13  facility, or extended care facility in which unit-dose

14  medication is dispensed to inpatients, each dose being

15  individually sealed and the individual unit dose or unit-dose

16  system labeled with the name of the drug, dosage strength,

17  manufacturer's control number, and expiration date, if any,

18  the unused unit dose of medication may be returned to the

19  pharmacy for redispensing.  Each pharmacist shall maintain

20  appropriate records for any unused or returned medicinal

21  drugs.

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24  ================ T I T L E   A M E N D M E N T ===============

25  And the title is amended as follows:

26         On page 1, line 4,

27  remove from the title of the bill:  all of said line

28

29  and insert in lieu thereof:

30         communication device"; revising the definition

31         of the term "practice of the profession of

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    File original & 9 copies    04/15/98
    hbd0011                     04:01 pm         03179-0042-513447




                                                   HOUSE AMENDMENT

    hbd-21                                     Bill No. CS/HB 3179

    Amendment No.     (for drafter's use only)





 1         pharmacy"; amending s. 465.016, F.S.;

 2         authorizing the redispensing of unused or

 3         returned unit-dose medication by correctional

 4         facilities under certain conditions; amending

 5         s. 465.017,

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    File original & 9 copies    04/15/98
    hbd0011                     04:01 pm         03179-0042-513447