HB 1517 2003
1	CHAMBER ACTION
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6	The Committee on Health Care recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to pharmacy; amending s. 465.016, F.S.;
12	providing for disciplinary action for dispensing a
13	medicinal drug when the pharmacist knows or has reason to
14	believe a prescription is not valid; amending s. 465.003,
15	F.S.; providing a definition for "Internet pharmacy" and
16	requiring such pharmacies to be licensed under ch. 465,
17	F.S.; creating s. 465.0161, F.S.; prohibiting the
18	distribution of medicinal drugs by an Internet pharmacy
19	without a license; providing penalties; amending s.
20	895.02, F.S.; including violation of s. 465.0161, F.S., in
21	the definition of "racketeering activity" for prosecution
22	under ch. 895, F.S.; providing an effective date.
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24	Be It Enacted by the Legislature of the State of Florida:
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26	Section 1. Paragraph (s) is added to subsection (1) of
27	section 465.016, Florida Statutes, to read:
28	465.016 Disciplinary actions.--
29	(1) The following acts constitute grounds for denial of a
30	license or disciplinary action, as specified in s. 456.072(2):
31	(s) Dispensing any medicinal drug based upon a
32	communication that purports to be a prescription as defined by
33	s. 465.003(14) or s. 893.02(20) when the pharmacist knows or has
34	reason to believe that the purported prescription is not based
35	upon a valid practitioner-patient relationship, including
36	appropriate patient history and a face-to-face or visual
37	encounter by the practitioner.
38	Section 2. Paragraph (a) of subsection (11) of section
39	465.003, Florida Statutes, is amended to read:
40	465.003 Definitions.--As used in this chapter, the term:
41	(11)(a) "Pharmacy" includes a community pharmacy, an
42	institutional pharmacy, a nuclear pharmacy, anda special
43	pharmacy, and an Internet pharmacy.
44	1. The term "community pharmacy" includes every location
45	where medicinal drugs are compounded, dispensed, stored, or sold
46	or where prescriptions are filled or dispensed on an outpatient
47	basis.
48	2. The term "institutional pharmacy" includes every
49	location in a hospital, clinic, nursing home, dispensary,
50	sanitarium, extended care facility, or other facility,
51	hereinafter referred to as "health care institutions," where
52	medicinal drugs are compounded, dispensed, stored, or sold.
53	3. The term "nuclear pharmacy" includes every location
54	where radioactive drugs and chemicals within the classification
55	of medicinal drugs are compounded, dispensed, stored, or sold.
56	The term "nuclear pharmacy" does not include hospitals licensed
57	under chapter 395 or the nuclear medicine facilities of such
58	hospitals.
59	4. The term "special pharmacy" includes every location
60	where medicinal drugs are compounded, dispensed, stored, or sold
61	if such locations are not otherwise defined in this subsection.
62	5. The term "Internet pharmacy" includes locations that
63	are not otherwise defined in this subsection where medicinal
64	drugs are compounded, dispensed, or stored and subsequently sold
65	primarily or exclusively to consumers over the Internet. An
66	Internet pharmacy must be licensed as a pharmacy under this
67	chapter to sell medicinal drugs to persons in the state.
68	Section 3. Section 465.0161, Florida Statutes, is created
69	to read:
70	465.0161 Distribution of medicinal drugs without a
71	license.--An Internet pharmacy that distributes medicinal drugs
72	to persons in the state without being licensed as a pharmacy
73	under this chapter commits a felony of the second degree,
74	punishable as provided in s. 775.082 or s. 775.083.
75	Section 4. Paragraph (a) of subsection (1) of section
76	895.02, Florida Statutes, is amended to read:
77	895.02 Definitions.--As used in ss. 895.01-895.08, the
78	term:
79	(1) "Racketeering activity" means to commit, to attempt to
80	commit, to conspire to commit, or to solicit, coerce, or
81	intimidate another person to commit:
82	(a) Any crime which is chargeable by indictment or
83	information under the following provisions of the Florida
84	Statutes:
85	1. Section 210.18, relating to evasion of payment of
86	cigarette taxes.
87	2. Section 403.727(3)(b), relating to environmental
88	control.
89	3.4.Section 409.920, relating to Medicaid provider fraud.
90	4.3.Section 414.39, relating to public assistance fraud.
91	5. Section 440.105 or s. 440.106, relating to workers'
92	compensation.
93	6. Section 465.0161, relating to distribution of medicinal
94	drugs without a license as an Internet pharmacy.
95	7.6.Part IV of chapter 501, relating to telemarketing.
96	8.7.Chapter 517, relating to sale of securities and
97	investor protection.
98	9.8.Section 550.235, s. 550.3551, or s. 550.3605,
99	relating to dogracing and horseracing.
100	10.9.Chapter 550, relating to jai alai frontons.
101	11.10.Chapter 552, relating to the manufacture,
102	distribution, and use of explosives.
103	12.11.Chapter 560, relating to money transmitters, if the
104	violation is punishable as a felony.
105	13.12.Chapter 562, relating to beverage law enforcement.
106	14.13.Section 624.401, relating to transacting insurance
107	without a certificate of authority, s. 624.437(4)(c)1., relating
108	to operating an unauthorized multiple-employer welfare
109	arrangement, or s. 626.902(1)(b), relating to representing or
110	aiding an unauthorized insurer.
111	15.14.Section 655.50, relating to reports of currency
112	transactions, when such violation is punishable as a felony.
113	16.15.Chapter 687, relating to interest and usurious
114	practices.
115	17.16.Section 721.08, s. 721.09, or s. 721.13, relating
116	to real estate timeshare plans.
117	18.17.Chapter 782, relating to homicide.
118	19.18.Chapter 784, relating to assault and battery.
119	20.19.Chapter 787, relating to kidnapping.
120	21.20.Chapter 790, relating to weapons and firearms.
121	22.21.Section 796.03, s. 796.04, s. 796.05, or s. 796.07,
122	relating to prostitution.
123	23.22.Chapter 806, relating to arson.
124	24.23.Section 810.02(2)(c), relating to specified
125	burglary of a dwelling or structure.
126	25.24.Chapter 812, relating to theft, robbery, and
127	related crimes.
128	26.25.Chapter 815, relating to computer-related crimes.
129	27.26.Chapter 817, relating to fraudulent practices,
130	false pretenses, fraud generally, and credit card crimes.
131	28.27.Chapter 825, relating to abuse, neglect, or
132	exploitation of an elderly person or disabled adult.
133	29.28.Section 827.071, relating to commercial sexual
134	exploitation of children.
135	30.29.Chapter 831, relating to forgery and
136	counterfeiting.
137	31.30.Chapter 832, relating to issuance of worthless
138	checks and drafts.
139	32.31.Section 836.05, relating to extortion.
140	33.32.Chapter 837, relating to perjury.
141	34.33.Chapter 838, relating to bribery and misuse of
142	public office.
143	35.34.Chapter 843, relating to obstruction of justice.
144	36.35.Section 847.011, s. 847.012, s. 847.013, s. 847.06,
145	or s. 847.07, relating to obscene literature and profanity.
146	37.36.Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
147	s. 849.25, relating to gambling.
148	38.37.Chapter 874, relating to criminal street gangs.
149	39.38.Chapter 893, relating to drug abuse prevention and
150	control.
151	40.39.Chapter 896, relating to offenses related to
152	financial transactions.
153	41.40.Sections 914.22 and 914.23, relating to tampering
154	with a witness, victim, or informant, and retaliation against a
155	witness, victim, or informant.
156	42.41.Sections 918.12 and 918.13, relating to tampering
157	with jurors and evidence.
158	Section 5. This act shall take effect upon becoming a law.