Senate Bill sb1838

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 1838

    By Senator Haridopolos





    26-1252-06                                              See HB

  1                      A bill to be entitled

  2         An act relating to pharmacy common databases;

  3         amending s. 465.026, F.S.; deleting a provision

  4         authorizing certain community pharmacies to

  5         transfer prescriptions for Schedule II

  6         medicinal drugs under certain conditions;

  7         creating s. 465.0266, F.S.; authorizing the

  8         dispensing or refilling of a prescription

  9         without a transferred prescription under

10         specified conditions; providing an effective

11         date.

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

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15         Section 1.  Subsection (7) of section 465.026, Florida

16  Statutes, is amended to read:

17         465.026  Filling of certain prescriptions.--Nothing

18  contained in this chapter shall be construed to prohibit a

19  pharmacist licensed in this state from filling or refilling a

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

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

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

23  means, under the following conditions:

24         (7)  A community pharmacy licensed under this chapter

25  which only receives and transfers prescriptions for dispensing

26  by another pharmacy may transfer a prescription for a

27  medicinal drug listed in Schedule II under chapter 893. The

28  pharmacy receiving the prescription may ship, mail, or deliver

29  into this state, in any manner, the dispensed Schedule II

30  medicinal drug under the following conditions:

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






    Florida Senate - 2006                                  SB 1838
    26-1252-06                                              See HB




 1         (a)  The pharmacy receiving and dispensing the

 2  transferred prescription maintains at all times a valid,

 3  unexpired license, permit, or registration to operate the

 4  pharmacy in compliance with the laws of the state in which the

 5  pharmacy is located and from which the medicinal drugs are

 6  dispensed;

 7         (b)  The community pharmacy and the receiving pharmacy

 8  are owned and operated by the same person and share a

 9  centralized database; and

10         (c)  The community pharmacy assures its compliance with

11  the federal laws and subsections (1)-(5).

12         Section 2.  Section 465.0266, Florida Statues, is

13  created to read:

14         465.0266  Common database.--The dispensing or refilling

15  of a prescription on file in a pharmacy located in this state

16  or in another state by a pharmacist licensed in this state or

17  in another state shall not require the transfer of the

18  prescription if all of the following conditions are present:

19         (1)  The participating pharmacies have the same owner

20  and share a common database.

21         (2)  The prescription information is maintained within

22  the common database.

23         (3)  The common database maintains a record of all

24  persons involved, in any manner, in the dispensing or

25  refilling of the prescription.

26         (4)  All participating pharmacies are properly licensed

27  by their state of residence.

28         (5)  All participating pharmacies in another state are

29  properly registered or permitted as a nonresident or Internet

30  pharmacy in this state.

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






    Florida Senate - 2006                                  SB 1838
    26-1252-06                                              See HB




 1         (6)  All participating pharmacists are responsible for

 2  the actual task performed in the dispensing or refilling of

 3  the prescription.

 4         Section 3.  This act shall take effect July 1, 2006.

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