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