Senate Bill sb1372c2

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    Florida Senate - 2004                    CS for CS for SB 1372

    By the Committees on Criminal Justice; Health, Aging, and
    Long-Term Care; and Senator Saunders




    307-2130-04

  1                      A bill to be entitled

  2         An act relating to pharmacy; amending s.

  3         465.003, F.S.; defining the term "Internet

  4         pharmacy"; amending s. 465.0156, F.S.;

  5         exempting Internet pharmacies from registration

  6         requirements applicable to nonresident

  7         pharmacies; requiring the registered

  8         nonresident pharmacy and the pharmacist

  9         designated by that pharmacy to serve as the

10         prescription department manager or its

11         equivalent to be licensed in the state of

12         location; amending s. 465.016, F.S.; providing

13         for disciplinary action for dispensing a

14         medicinal drug when the pharmacist knows or has

15         reason to believe the prescription is not based

16         on a valid practitioner-patient relationship;

17         creating s. 465.0161, F.S.; prohibiting the

18         distribution of medicinal drugs by an Internet

19         pharmacy without a permit; providing penalties;

20         amending s. 465.0196, F.S., relating to special

21         pharmacy permits, to conform; creating s.

22         465.0197, F.S.; requiring Internet pharmacies

23         to be permitted and providing requirements

24         therefor; requiring the Internet pharmacy and

25         the pharmacist designated by that pharmacy to

26         serve as the prescription department manager or

27         its equivalent to be licensed in the state of

28         location; amending s. 465.023, F.S.; providing

29         an additional ground for which the Board of

30         Pharmacy may take action against a permitted

31         pharmacy; amending s. 465.0255, F.S.; revising

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 1         requirements for pharmacists to deliver

 2         specified disclosures to purchasers when

 3         dispensing a medicinal drug; amending s.

 4         465.026, F.S.; creating an exception to the

 5         requirements for filling or refilling a

 6         transferred prescription; amending s. 499.0121,

 7         F.S.; providing recordkeeping requirements

 8         relating to the storage and handling of

 9         prescription drugs which affiliated groups must

10         fulfill; amending s. 895.02, F.S.; including

11         violation of s. 465.0161, F.S., in the

12         definition of the term "racketeering activity"

13         for prosecution under ch. 895, F.S.; providing

14         an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Paragraph (a) of subsection (11) of section

19  465.003, Florida Statutes, is amended to read:

20         465.003  Definitions.--As used in this chapter, the

21  term:

22         (11)(a)  "Pharmacy" includes a community pharmacy, an

23  institutional pharmacy, a nuclear pharmacy, and a special

24  pharmacy, and an Internet pharmacy.

25         1.  The term "community pharmacy" includes every

26  location where medicinal drugs are compounded, dispensed,

27  stored, or sold or where prescriptions are filled or dispensed

28  on an outpatient basis.

29         2.  The term "institutional pharmacy" includes every

30  location in a hospital, clinic, nursing home, dispensary,

31  sanitarium, extended care facility, or other facility,

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 1  hereinafter referred to as "health care institutions," where

 2  medicinal drugs are compounded, dispensed, stored, or sold.

 3         3.  The term "nuclear pharmacy" includes every location

 4  where radioactive drugs and chemicals within the

 5  classification of medicinal drugs are compounded, dispensed,

 6  stored, or sold. The term "nuclear pharmacy" does not include

 7  hospitals licensed under chapter 395 or the nuclear medicine

 8  facilities of such hospitals.

 9         4.  The term "special pharmacy" includes every location

10  where medicinal drugs are compounded, dispensed, stored, or

11  sold if such locations are not otherwise defined in this

12  subsection.

13         5.  The term "Internet pharmacy" includes locations

14  that are not otherwise defined in this subsection where

15  medicinal drugs are compounded, dispensed, or stored and

16  subsequently sold primarily or exclusively to consumers over

17  the Internet.

18         Section 2.  Subsections (7) and (8) are added to

19  section 465.0156, Florida Statutes, to read:

20         465.0156  Registration of nonresident pharmacies.--

21         (7)  This section does not apply to Internet pharmacies

22  required to be permitted under s. 465.0197.

23         (8)  Notwithstanding s. 465.003(10), for purposes of

24  this section, the registered pharmacy and the pharmacist

25  designated by the registered pharmacy as the prescription

26  department manager or the equivalent must be licensed in the

27  state of location in order to dispense into this state.

28         Section 3.  Paragraph (s) is added to subsection (1) of

29  section 465.016, Florida Statutes, to read:

30         465.016  Disciplinary actions.--

31  

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 1         (1)  The following acts constitute grounds for denial

 2  of a license or disciplinary action, as specified in s.

 3  456.072(2):

 4         (s)  Dispensing any medicinal drug based upon a

 5  communication that purports to be a prescription as defined by

 6  s. 465.003(14) or s. 893.02(20) when the pharmacist knows or

 7  has reason to believe that the purported prescription is not

 8  based upon a valid practitioner-patient relationship.

 9         Section 4.  Section 465.0161, Florida Statutes, is

10  created to read:

11         465.0161  Distribution of medicinal drugs without a

12  permit.--An Internet pharmacy that distributes a medicinal

13  drug to any person in this state without being permitted as a

14  pharmacy under this chapter commits a felony of the second

15  degree, punishable as provided in s. 775.082, s. 775.083, or

16  s. 775.084.

17         Section 5.  Section 465.0196, Florida Statutes, is

18  amended to read:

19         465.0196  Special pharmacy permits.--Any person

20  desiring a permit to operate a special pharmacy which does not

21  fall within the definitions set forth in s. 465.003(11)(a)1.,

22  2., and 3. shall apply to the department for a special

23  pharmacy permit. If the board certifies that the application

24  complies with the applicable laws and rules of the board

25  governing the practice of the profession of pharmacy, the

26  department shall issue the permit. No permit shall be issued

27  unless a licensed pharmacist is designated to undertake the

28  professional supervision of the compounding and dispensing of

29  all drugs dispensed by the pharmacy. The licensed pharmacist

30  shall be responsible for maintaining all drug records and for

31  providing for the security of the area in the facility in

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    Florida Senate - 2004                    CS for CS for SB 1372
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 1  which the compounding, storing, and dispensing of medicinal

 2  drugs occurs. The permittee shall notify the department within

 3  10 days of any change of the licensed pharmacist responsible

 4  for such duties. Every permittee that employs or otherwise

 5  utilizes pharmacy technicians shall have a written policy and

 6  procedures manual specifying those duties, tasks, and

 7  functions which a pharmacy technician is allowed to perform.

 8         Section 6.  Section 465.0197, Florida Statutes, is

 9  created to read:

10         465.0197  Internet pharmacy permits.--

11         (1)  Any person desiring a permit to operate an

12  Internet pharmacy shall apply to the department for an

13  Internet pharmacy permit. If the board certifies that the

14  application complies with the applicable laws and rules of the

15  board governing the practice of the profession of pharmacy,

16  the department shall issue the permit. No permit shall be

17  issued unless a licensed pharmacist is designated as the

18  prescription department manager for dispensing medicinal drugs

19  to persons in this state. The licensed pharmacist shall be

20  responsible for maintaining all drug records and for providing

21  for the security of the area in the facility in which the

22  compounding, storing, and dispensing of medicinal drugs to

23  persons in this state occurs. The permittee shall notify the

24  department within 30 days of any change of the licensed

25  pharmacist responsible for such duties. Every permittee that

26  employs or otherwise utilizes pharmacy technicians shall have

27  a written policy and procedures manual specifying those

28  duties, tasks, and functions which a pharmacy technician is

29  allowed to perform.

30         (2)  An Internet pharmacy must be permitted under this

31  section to sell medicinal drugs to persons in this state.

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 1         (3)  An Internet pharmacy shall provide pharmacy

 2  services at a high level of protection and competence and

 3  shall disclose to the board the following specific

 4  information:

 5         (a)  That it maintains at all times a valid, unexpired

 6  license, permit, or registration to operate the pharmacy in

 7  compliance with the laws of the state in which the dispensing

 8  facility is located and from which the medicinal drugs shall

 9  be dispensed.

10         (b)  The location, names, and titles of all principal

11  corporate officers and the pharmacist who serves as the

12  prescription department manager for dispensing medicinal drugs

13  to persons in this state. This disclosure shall be made within

14  30 days after any change of location, principal corporate

15  officer, or pharmacist serving as the prescription department

16  manager for dispensing medicinal drugs to persons in this

17  state.

18         (c)  That it complies with all lawful directions and

19  requests for information from the regulatory or licensing

20  agency of all states in which it is licensed as well as with

21  all requests for information made by the board pursuant to

22  this section. It shall respond directly to all communications

23  from the board concerning emergency circumstances arising from

24  errors in the dispensing of medicinal drugs to persons in this

25  state.

26         (d)  That it maintains its records of medicinal drugs

27  dispensed to patients in this state so that the records are

28  readily retrievable from the other business records of the

29  pharmacy and from the records of other medicinal drugs

30  dispensed.

31  

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 1         (e)  That during its regular hours of operation but not

 2  less than 6 days per week, for a minimum of 40 hours per week,

 3  a toll-free telephone service shall be provided to facilitate

 4  communication between patients in this state and a pharmacist

 5  at the pharmacy who has access to the patient's records. This

 6  toll-free number must be disclosed on the label affixed to

 7  each container of dispensed medicinal drugs.

 8         (4)  Notwithstanding s. 465.003(10), for purposes of

 9  this section, the Internet pharmacy and the pharmacist

10  designated by the Internet pharmacy as the prescription

11  department manager or the equivalent must be licensed in the

12  state of location in order to dispense into this state.

13         Section 7.  Subsection (1) of section 465.023, Florida

14  Statutes, is amended to read:

15         465.023  Pharmacy permittee; disciplinary action.--

16         (1)  The department or the board may revoke or suspend

17  the permit of any pharmacy permittee, and may fine, place on

18  probation, or otherwise discipline any pharmacy permittee who

19  has:

20         (a)  Obtained a permit by misrepresentation or fraud or

21  through an error of the department or the board;

22         (b)  Attempted to procure, or has procured, a permit

23  for any other person by making, or causing to be made, any

24  false representation;

25         (c)  Violated any of the requirements of this chapter

26  or any of the rules of the Board of Pharmacy; of chapter 499,

27  known as the "Florida Drug and Cosmetic Act"; of 21 U.S.C. ss.

28  301-392, known as the "Federal Food, Drug, and Cosmetic Act";

29  of 21 U.S.C. ss. 821 et seq., known as the Comprehensive Drug

30  Abuse Prevention and Control Act; or of chapter 893; or

31  

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 1         (d)  Been convicted or found guilty, regardless of

 2  adjudication, of a felony or any other crime involving moral

 3  turpitude in any of the courts of this state, of any other

 4  state, or of the United States; or.

 5         (e)  Aided or abetted in dispensing any medicinal drug

 6  based upon a communication that purports to be a prescription

 7  as defined by s. 465.003(14) or s. 893.02(20) when the

 8  permittee knows or has reason to believe that the purported

 9  prescription is not based upon a valid practitioner-patient

10  relationship.

11         Section 8.  Section 465.0255, Florida Statutes, is

12  amended to read:

13         465.0255  Expiration date of medicinal drugs; display;

14  related use and storage instructions.--

15         (1)  The manufacturer, repackager, or other distributor

16  of any medicinal drug shall display the expiration date of

17  each drug in a readable fashion on the container and on its

18  packaging. The term "readable" means conspicuous and bold.

19         (2)  Each pharmacist for a community pharmacy

20  dispensing medicinal drugs and each practitioner dispensing

21  medicinal drugs on an outpatient basis shall display on the

22  outside of the container of each medicinal drug dispensed, or

23  in other written form delivered to the purchaser:,

24         (a)  The expiration date when provided by the

25  manufacturer, repackager, or other distributor of the drug; or

26  and

27         (b)  An earlier beyond-use date for expiration, which

28  may be up to 1 year after the date of dispensing.

29  

30  The dispensing pharmacist or practitioner must provide

31  information concerning the expiration date to the purchaser

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    Florida Senate - 2004                    CS for CS for SB 1372
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 1  upon request and must provide appropriate instructions

 2  regarding the proper use and storage of the drug.

 3         (3)  Nothing in This section does not shall impose

 4  liability on the dispensing pharmacist or practitioner for

 5  damages related to, or caused by, a medicinal drug that loses

 6  its effectiveness prior to the expiration date displayed by

 7  the dispensing pharmacist or practitioner.

 8         (4)(3)  The provisions of this section are intended to

 9  notify the patient receiving a medicinal drug of the

10  information required by this section, and the dispensing

11  pharmacist or practitioner shall not be liable for the

12  patient's failure to heed such notice or to follow the

13  instructions for storage.

14         Section 9.  Subsection (7) is added to section 465.026,

15  Florida Statutes, to read:

16         465.026  Filling of certain prescriptions.--Nothing

17  contained in this chapter shall be construed to prohibit a

18  pharmacist licensed in this state from filling or refilling a

19  valid prescription which is on file in a pharmacy located in

20  this state or in another state and has been transferred from

21  one pharmacy to another by any means, including any electronic

22  means, under the following conditions:

23         (7)  For purposes of this section, a mail order

24  pharmacy that uses a common database to perform automated

25  prescription filling or dispensing functions may process a

26  prescription for a controlled substance using that common

27  database to perform prescription filling or dispensing

28  functions in compliance with federal law and regulation.

29         Section 10.  Paragraph (h) is added to subsection (6)

30  of section 499.0121, Florida Statutes, to read:

31  

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 1         499.0121  Storage and handling of prescription drugs;

 2  recordkeeping.--The department shall adopt rules to implement

 3  this section as necessary to protect the public health,

 4  safety, and welfare.  Such rules shall include, but not be

 5  limited to, requirements for the storage and handling of

 6  prescription drugs and for the establishment and maintenance

 7  of prescription drug distribution records.

 8         (6)  RECORDKEEPING.--The department shall adopt rules

 9  that require keeping such records of prescription drugs as are

10  necessary for the protection of the public health.

11         (h)1.  This paragraph applies only to an affiliated

12  group, as defined by s. 1504 of the Internal Revenue Code of

13  1986, as amended, which is composed of chain drug entities,

14  including 50 retail pharmacies, warehouses, or repackagers,

15  which are members of the same affiliated group.

16         2.  Each warehouse within the affiliated group must

17  comply with all applicable federal and state drug wholesale

18  permit requirements and must purchase, receive, hold, and

19  distribute prescription drugs only to a retail pharmacy or

20  warehouse within the affiliated group. Such a warehouse is

21  exempt from providing a pedigree paper in accordance with

22  paragraphs (d) and (e) to its affiliated group member

23  warehouse, provided that:

24         a.  Any affiliated group member that purchases or

25  receives a prescription drug from outside the affiliated group

26  must receive a pedigree paper if the prescription drug is

27  distributed in or into this state and a pedigree paper is

28  required under this section and must authenticate the

29  documentation as required in subsection (4), regardless of

30  whether the affiliated group member is directly subject to

31  regulation under this chapter; and

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 1         b.  The affiliated group makes available to the

 2  department on request all records related to the purchase or

 3  acquisition of prescription drugs by members of the affiliated

 4  group, regardless of the location where the records are

 5  stored, if the prescription drugs were distributed in or into

 6  this state.

 7         3.  If a repackager repackages prescription drugs

 8  solely for distribution to its affiliated group members for

 9  the exclusive distribution to and among retail pharmacies that

10  are members of the affiliated group to which the repackager is

11  a member:

12         a.  The repackager must:

13         (I)  In lieu of the written statement required by

14  paragraph (d) or paragraph (e), for all repackaged

15  prescription drugs distributed in or into this state, issue

16  the following written statement under oath with each

17  distribution of a repackaged prescription drug to an

18  affiliated group member warehouse or repackager: "All

19  repackaged prescription drugs are purchased by the affiliated

20  group directly from the manufacturer or from a prescription

21  drug wholesaler that purchased the prescription drugs directly

22  from the manufacturer.";

23         (II)  Purchase all prescription drugs it repackages:

24         (A)  Directly from the manufacturer; or

25         (B)  From a prescription drug wholesaler that purchased

26  the prescription drugs directly from the manufacturer; and

27         (III)  Maintain records in accordance with this section

28  to document that it purchased the prescription drugs directly

29  from the manufacturer or that its prescription drug wholesale

30  supplier purchased the prescription drugs directly from the

31  manufacturer.

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 1         b.  In addition, all members of the affiliated group

 2  must provide to agents of the department on request records of

 3  purchases by all members of the affiliated group of

 4  prescription drugs that have been repackaged, regardless of

 5  the location where the records are stored or where the

 6  repackager is located.

 7         4.  This paragraph expires July 1, 2006.

 8         Section 11.  Paragraph (a) of subsection (1) of section

 9  895.02, Florida Statutes, is amended to read:

10         895.02  Definitions.--As used in ss. 895.01-895.08, the

11  term:

12         (1)  "Racketeering activity" means to commit, to

13  attempt to commit, to conspire to commit, or to solicit,

14  coerce, or intimidate another person to commit:

15         (a)  Any crime which is chargeable by indictment or

16  information under the following provisions of the Florida

17  Statutes:

18         1.  Section 210.18, relating to evasion of payment of

19  cigarette taxes.

20         2.  Section 403.727(3)(b), relating to environmental

21  control.

22         3.4.  Section 409.920, relating to Medicaid provider

23  fraud.

24         4.3.  Section 414.39, relating to public assistance

25  fraud.

26         5.  Section 440.105 or s. 440.106, relating to workers'

27  compensation.

28         6.  Section 465.0161, relating to distribution of

29  medicinal drugs without a permit as an Internet pharmacy.

30  

31  

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 1         7.6.  Sections 499.0051, 499.0052, 499.0053, 499.0054,

 2  and 499.0691, relating to crimes involving contraband and

 3  adulterated drugs.

 4         8.7.  Part IV of chapter 501, relating to

 5  telemarketing.

 6         9.8.  Chapter 517, relating to sale of securities and

 7  investor protection.

 8         10.9.  Section 550.235, s. 550.3551, or s. 550.3605,

 9  relating to dogracing and horseracing.

10         11.10.  Chapter 550, relating to jai alai frontons.

11         12.11.  Chapter 552, relating to the manufacture,

12  distribution, and use of explosives.

13         13.12.  Chapter 560, relating to money transmitters, if

14  the violation is punishable as a felony.

15         14.13.  Chapter 562, relating to beverage law

16  enforcement.

17         15.14.  Section 624.401, relating to transacting

18  insurance without a certificate of authority, s.

19  624.437(4)(c)1., relating to operating an unauthorized

20  multiple-employer welfare arrangement, or s. 626.902(1)(b),

21  relating to representing or aiding an unauthorized insurer.

22         16.15.  Section 655.50, relating to reports of currency

23  transactions, when such violation is punishable as a felony.

24         17.16.  Chapter 687, relating to interest and usurious

25  practices.

26         18.17.  Section 721.08, s. 721.09, or s. 721.13,

27  relating to real estate timeshare plans.

28         19.18.  Chapter 782, relating to homicide.

29         20.19.  Chapter 784, relating to assault and battery.

30         21.20.  Chapter 787, relating to kidnapping.

31         22.21.  Chapter 790, relating to weapons and firearms.

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 1         23.22.  Section 796.03, s. 796.04, s. 796.05, or s.

 2  796.07, relating to prostitution.

 3         24.23.  Chapter 806, relating to arson.

 4         25.24.  Section 810.02(2)(c), relating to specified

 5  burglary of a dwelling or structure.

 6         26.25.  Chapter 812, relating to theft, robbery, and

 7  related crimes.

 8         27.26.  Chapter 815, relating to computer-related

 9  crimes.

10         28.27.  Chapter 817, relating to fraudulent practices,

11  false pretenses, fraud generally, and credit card crimes.

12         29.28.  Chapter 825, relating to abuse, neglect, or

13  exploitation of an elderly person or disabled adult.

14         30.29.  Section 827.071, relating to commercial sexual

15  exploitation of children.

16         31.30.  Chapter 831, relating to forgery and

17  counterfeiting.

18         32.31.  Chapter 832, relating to issuance of worthless

19  checks and drafts.

20         33.32.  Section 836.05, relating to extortion.

21         34.33.  Chapter 837, relating to perjury.

22         35.34.  Chapter 838, relating to bribery and misuse of

23  public office.

24         36.35.  Chapter 843, relating to obstruction of

25  justice.

26         37.36.  Section 847.011, s. 847.012, s. 847.013, s.

27  847.06, or s. 847.07, relating to obscene literature and

28  profanity.

29         38.37.  Section 849.09, s. 849.14, s. 849.15, s.

30  849.23, or s. 849.25, relating to gambling.

31         39.38.  Chapter 874, relating to criminal street gangs.

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 1         40.39.  Chapter 893, relating to drug abuse prevention

 2  and control.

 3         41.40.  Chapter 896, relating to offenses related to

 4  financial transactions.

 5         42.41.  Sections 914.22 and 914.23, relating to

 6  tampering with a witness, victim, or informant, and

 7  retaliation against a witness, victim, or informant.

 8         43.42.  Sections 918.12 and 918.13, relating to

 9  tampering with jurors and evidence.

10         Section 12.  This act shall take effect July 1, 2004.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                            CS/SB 1372

14                                 

15  Creates recordkeeping requirements in s. 499.0121, F.S., for
    affiliated groups as defined in the Internal Revenue Code.
16  These groups include chain drug entities including 50 retail
    pharmacies, warehouses, or repackagers, which are members of
17  the same affiliated group.

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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