Senate Bill sb1340c1

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    Florida Senate - 2006                           CS for SB 1340

    By the Committee on Health Care; and Senator Jones





    587-2324-06

  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; requiring an

  7         applicant for registration as a pharmacy

  8         technician to submit fingerprints; requiring

  9         that a criminal background check be conducted

10         for each applicant; providing qualification

11         requirements; providing a limitation; exempting

12         pharmacy technician students and licensed

13         pharmacy interns from certain registration

14         requirements; providing continuing education

15         requirements for registration renewal;

16         requiring the board to adopt rules; providing

17         grounds for denial, suspension, or revocation

18         of registration or other disciplinary action;

19         authorizing the board to impose certain

20         penalties; amending s. 465.015, F.S.;

21         prohibiting a person who is not registered as a

22         pharmacy technician from performing certain

23         functions or holding himself or herself out to

24         others as a pharmacy technician; amending ss.

25         465.019, 465.0196, and 465.0197, F.S.;

26         conforming references; providing an effective

27         date.

28  

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

30  

31  

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    Florida Senate - 2006                           CS for SB 1340
    587-2324-06




 1         Section 1.  Section 465.014, Florida Statutes, is

 2  amended to read:

 3         465.014  Pharmacy technician.--

 4         (1)  A No person other than a licensed pharmacist or

 5  pharmacy intern may not engage in the practice of the

 6  profession of pharmacy, except that a licensed pharmacist may

 7  delegate to nonlicensed pharmacy technicians registered

 8  pursuant to this section those duties, tasks, and functions

 9  which do not fall within the purview of s. 465.003(13). All

10  such delegated acts shall be performed under the direct

11  supervision of a licensed pharmacist who shall be responsible

12  for all such acts performed by persons under his or her

13  supervision. A registered pharmacy technician, under the

14  supervision of a pharmacist, may initiate or receive

15  communications with a practitioner or his or her agent, on

16  behalf of a patient, regarding refill authorization requests.

17  A No licensed pharmacist may not shall supervise more than one

18  registered pharmacy technician unless otherwise permitted by

19  the guidelines adopted by the board. The board shall establish

20  guidelines to be followed by licensees or permittees in

21  determining the circumstances under which a licensed

22  pharmacist may supervise more than one but not more than three

23  registered pharmacy technicians.

24         (2)  Any person who wishes to work as a pharmacy

25  technician in this state must register by filing an

26  application with the board on a form adopted by rule of the

27  board, together with a set of fingerprints, on a form and

28  under procedures specified by the board and a payment in an

29  amount equal to the costs incurred by the board for the

30  criminal background check of the applicant. The board shall

31  submit the fingerprints provided by an applicant for initial

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    Florida Senate - 2006                           CS for SB 1340
    587-2324-06




 1  registration to the Department of Law Enforcement for a

 2  statewide criminal history check, and the Department of Law

 3  Enforcement shall forward the fingerprints to the Federal

 4  Bureau of Investigation for a national criminal history check

 5  of the applicant. For any subsequent renewal of the

 6  applicant's registration, the board shall submit the required

 7  information for a statewide criminal history check of the

 8  applicant to the Department of Law Enforcement. The board

 9  shall register each applicant who has remitted a registration

10  fee set by the board, not to exceed $50 biennially; has

11  completed the application form and remitted a nonrefundable

12  application fee set by the board, not to exceed $50; has

13  submitted a set of fingerprints as provided in this

14  subsection; and meets the following requirements:

15         (a)  Is at least 16 years of age.

16         (b)  Within the 5 years preceding application, has not

17  been convicted of or pled guilty or nolo contendere to,

18  regardless of adjudication, any crime that relates to drug

19  trafficking or that otherwise directly relates to the

20  functions and duties of a pharmacy technician.

21         (3)  A person whose license to practice pharmacy has

22  been denied, suspended, or restricted for disciplinary

23  purposes is not eligible to be registered as a pharmacy

24  technician.

25         (4)  Notwithstanding the requirements of this section

26  or any other provision of law, a pharmacy technician student

27  may be placed in a pharmacy for the purpose of obtaining

28  practical training required by the body accrediting the

29  pharmacy technician training program. A pharmacy technician

30  student shall wear identification that indicates his or her

31  student status when performing the functions of a pharmacy

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    Florida Senate - 2006                           CS for SB 1340
    587-2324-06




 1  technician, and registration under this section is not

 2  required.

 3         (5)  Notwithstanding the requirements of this section

 4  or any other provision of law, a person licensed by the state

 5  as a pharmacy intern may be employed as a registered pharmacy

 6  technician without paying a registration fee or filing an

 7  application with the board to register as a pharmacy

 8  technician.

 9         (6)  As a condition of registration renewal, a pharmacy

10  technician shall complete 20 hours biennially of continuing

11  education courses approved by the board or the Accreditation

12  Council for Pharmaceutical Education, of which 4 hours must be

13  via live presentation and 2 hours must be related to the

14  prevention of medication errors and pharmacy law.

15         (7)  The board shall adopt rules that require each

16  registration issued by the board under this section to be

17  displayed in such a manner as to make it available to the

18  public and to facilitate inspection by the department and such

19  other rules as necessary to administer the provisions of this

20  section.

21         (8)  If the board finds that an applicant for

22  registration as a pharmacy technician or that a registered

23  pharmacy technician has committed an act that constitutes

24  grounds for discipline as set forth in s. 456.072(1) or has

25  committed an act that constitutes grounds for denial of a

26  license or disciplinary action as set forth in this chapter,

27  including an act that constitutes a substantial violation of

28  s. 456.072(1) or a violation of this chapter which occurred

29  before the applicant or registrant was registered as a

30  pharmacy technician, the board may enter an order imposing any

31  

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    Florida Senate - 2006                           CS for SB 1340
    587-2324-06




 1  of the penalties specified in s. 456.072(2) against the

 2  applicant or registrant.

 3         Section 2.  Paragraph (d) is added to subsection (3) of

 4  section 465.015, Florida Statutes, to read:

 5         465.015  Violations and penalties.--

 6         (3)

 7         (d)  It is unlawful for a person who is not registered

 8  as a pharmacy technician under this chapter, or who is not

 9  otherwise exempt from the requirement to register as a

10  pharmacy technician, to perform the functions of a registered

11  pharmacy technician or hold himself or herself out to others

12  as a person who is registered to perform the functions of a

13  registered pharmacy technician in this state.

14         Section 3.  Subsection (5) of section 465.019, Florida

15  Statutes, is amended to read:

16         465.019  Institutional pharmacies; permits.--

17         (5)  All institutional pharmacies shall be under the

18  professional supervision of a consultant pharmacist, and the

19  compounding and dispensing of medicinal drugs shall be done

20  only by a licensed pharmacist. Every institutional pharmacy

21  that employs or otherwise utilizes registered pharmacy

22  technicians shall have a written policy and procedures manual

23  specifying those duties, tasks, and functions which a pharmacy

24  technician is allowed to perform.

25         Section 4.  Section 465.0196, Florida Statutes, is

26  amended to read:

27         465.0196  Special pharmacy permits.--Any person

28  desiring a permit to operate a special pharmacy shall apply to

29  the department for a special pharmacy permit. If the board

30  certifies that the application complies with the applicable

31  laws and rules of the board governing the practice of the

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    Florida Senate - 2006                           CS for SB 1340
    587-2324-06




 1  profession of pharmacy, the department shall issue the permit.

 2  No permit shall be issued unless a licensed pharmacist is

 3  designated to undertake the professional supervision of the

 4  compounding and dispensing of all drugs dispensed by the

 5  pharmacy. The licensed pharmacist shall be responsible for

 6  maintaining all drug records and for providing for the

 7  security of the area in the facility in which the compounding,

 8  storing, and dispensing of medicinal drugs occurs. The

 9  permittee shall notify the department within 10 days of any

10  change of the licensed pharmacist responsible for such duties.

11  Every permittee that employs or otherwise utilizes pharmacy

12  technicians shall have a written policy and procedures manual

13  specifying those duties, tasks, and functions which a

14  registered pharmacy technician is allowed to perform.

15         Section 5.  Subsection (1) of section 465.0197, Florida

16  Statutes, is amended to read:

17         465.0197  Internet pharmacy permits.--

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

19  Internet pharmacy shall apply to the department for an

20  Internet pharmacy permit. If the board certifies that the

21  application complies with the applicable laws and rules of the

22  board governing the practice of the profession of pharmacy,

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

24  issued unless a licensed pharmacist is designated as the

25  prescription department manager for dispensing medicinal drugs

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

27  responsible for maintaining all drug records and for providing

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

29  compounding, storing, and dispensing of medicinal drugs to

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

31  department within 30 days of any change of the licensed

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    Florida Senate - 2006                           CS for SB 1340
    587-2324-06




 1  pharmacist responsible for such duties. Every permittee that

 2  employs or otherwise utilizes registered pharmacy technicians

 3  shall have a written policy and procedures manual specifying

 4  those duties, tasks, and functions which a registered pharmacy

 5  technician is allowed to perform.

 6         Section 6.  This act shall take effect October 1, 2007.

 7  

 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                         Senate Bill 1340

10                                 

11  The Committee Substitute revises requirements for pharmacy
    technicians to register with the Board of Pharmacy. The
12  Committee Substitute:

13  --   requires a federal and statewide criminal history check
         of registered pharmacy technicians upon initial
14       application and for subsequent renewal of registration
         requires only a statewide criminal history check;
15  
    --   eliminates the exemption from the pharmacy technician
16       registration requirements for unpaid volunteers;

17  --   provides a penalty for a pharmacist or a pharmacy that
         allows a person to work as a pharmacy technician who has
18       not complied with the registration requirements; and,

19  --   provides a criminal penalty for the failure to comply
         with the registration requirements for pharmacy
20       technicians.

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