HB 903

1	A bill to be entitled
2	An act relating to pharmacy common databases; amending s.
3	465.026, F.S.; deleting a provision authorizing certain
4	community pharmacies to transfer prescriptions for
5	Schedule II medicinal drugs under certain conditions;
6	creating s. 465.0266, F.S.; authorizing the dispensing or
7	refilling of a prescription without a transferred
8	prescription under specified conditions; providing an
9	effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Subsection (7) of section 465.026, Florida
14	Statutes, is amended to read:
15	465.026  Filling of certain prescriptions.--Nothing
16	contained in this chapter shall be construed to prohibit a
17	pharmacist licensed in this state from filling or refilling a
18	valid prescription which is on file in a pharmacy located in
19	this state or in another state and has been transferred from one
20	pharmacy to another by any means, including any electronic
21	means, under the following conditions:
22	(7)  A community pharmacy licensed under this chapter which
23	only receives and transfers prescriptions for dispensing by
24	another pharmacy may transfer a prescription for a medicinal
25	drug listed in Schedule II under chapter 893. The pharmacy
26	receiving the prescription may ship, mail, or deliver into this
27	state, in any manner, the dispensed Schedule II medicinal drug
28	under the following conditions:
29	(a)  The pharmacy receiving and dispensing the transferred
30	prescription maintains at all times a valid, unexpired license,
31	permit, or registration to operate the pharmacy in compliance
32	with the laws of the state in which the pharmacy is located and
33	from which the medicinal drugs are dispensed;
34	(b)  The community pharmacy and the receiving pharmacy are
35	owned and operated by the same person and share a centralized
36	database; and
37	(c)  The community pharmacy assures its compliance with the
38	federal laws and subsections (1)-(5).
39	Section 2.  Section 465.0266, Florida Statues, is created
40	to read:
41	465.0266  Common database.--The dispensing or refilling of
42	a prescription on file in a pharmacy located in this state or in
43	another state by a pharmacist licensed in this state or in
44	another state shall not require the transfer of the prescription
45	if all of the following conditions are present:
46	(1)  The participating pharmacies have the same owner and
47	share a common database.
48	(2)  The prescription information is maintained within the
49	common database.
50	(3)  The common database maintains a record of all persons
51	involved, in any manner, in the dispensing or refilling of the
52	prescription.
53	(4)  All participating pharmacies are properly licensed by
54	their state of residence.
55	(5)  All participating pharmacies in another state are
56	properly registered or permitted as a nonresident or Internet
57	pharmacy in this state.
58	(6)  All participating pharmacists are responsible for the
59	actual task performed in the dispensing or refilling of the
60	prescription.
61	Section 3.  This act shall take effect July 1, 2006.

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