1

The Committee on Health Regulation (Peaden) recommended the

2

following substitute for amendment (522642):

3

4

     Senate Amendment (with title amendment)

5

     Delete everything after the enacting clause

6

and insert:

7

8

     Section 1. This act may be cited as the "Beth Hippely

9

Memorial Prescription Drug Safety Act."

10

     Section 2.  Subsection (1) of section 465.0075, Florida

11

Statutes, is amended to read:

12

     465.0075  Licensure by endorsement; requirements; fee.--

13

     (1)  The department shall issue a license by endorsement to

14

any applicant who applies to the department and remits a

15

nonrefundable fee of not more than $100, as set by the board,

16

and whom the board certifies:

17

     (a)  Has met the qualifications for licensure in s.

18

465.007(1)(b) and (c);

19

     (b)  Has obtained a passing score, as established by rule

20

of the board, on the licensure examination of the National

21

Association of Boards of Pharmacy or a similar nationally

22

recognized examination, if the board certifies that the

23

applicant has taken the required examination not more than 12

24

years prior to application;

25

     (c)1.  Has submitted evidence of the active licensed

26

practice of pharmacy, including practice in community or public

27

health by persons employed by a governmental entity, in another

28

jurisdiction for at least 2 of the immediately preceding 5 years

29

or evidence of successful completion of board-approved

30

postgraduate training or a board-approved clinical competency

31

examination within the year immediately preceding application

32

for licensure; or

33

     2.  Has completed an internship meeting the requirements of

34

s. 465.007(1)(c) within the 2 years immediately preceding

35

application; and

36

     (d)  Has obtained a passing score on the pharmacy

37

jurisprudence portions of the licensure examination, as required

38

by board rule.

39

     Section 3.  Section 465.014, Florida Statutes, is amended

40

to read:

41

     465.014  Pharmacy technician.--

42

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

43

pharmacy intern may not engage in the practice of the profession

44

of pharmacy, except that a licensed pharmacist may delegate to

45

nonlicensed pharmacy technicians who are registered pursuant to

46

this section those duties, tasks, and functions that which do

47

not fall within the purview of s. 465.003(13). All such

48

delegated acts shall be performed under the direct supervision

49

of a licensed pharmacist who shall be responsible for all such

50

acts performed by persons under his or her supervision. A

51

registered pharmacy technician, under the supervision of a

52

pharmacist, may initiate or receive communications with a

53

practitioner or his or her agent, on behalf of a patient,

54

regarding refill authorization requests. A No licensed

55

pharmacist may not shall supervise more than one registered

56

pharmacy technician unless otherwise permitted by the guidelines

57

adopted by the board. The board shall establish guidelines to be

58

followed by licensees or permittees in determining the

59

circumstances under which a licensed pharmacist may supervise up

60

to three registered more than one but not more than three

61

pharmacy technicians.

62

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

63

in this state must register by filing an application with the

64

board on a form adopted by rule of the board. The board shall

65

register each applicant who has remitted a registration fee set

66

by the board, not to exceed $50 biennially; has completed the

67

application form and remitted a nonrefundable application fee

68

set by the board, not to exceed $50; has earned a high school

69

diploma or GED; and is at least 18 years of age.

70

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

71

denied, suspended, or restricted for disciplinary purposes is

72

not eligible to register as a pharmacy technician.

73

     (4) Notwithstanding the requirements of this section or any

74

other provision of law, a pharmacy technician student who is

75

enrolled in a pharmacy technician training program that is

76

accredited by the National Community Pharmacy Association, the

77

American Society of Health-System Pharmacists, any other

78

national pharmacy association training program governed by the

79

Department of Education, or another pharmacy technician training

80

program approved by the board may be placed in a pharmacy for

81

the purpose of obtaining practical training. A pharmacy

82

technician student must wear identification that indicates his

83

or her student status when performing the functions of a

84

pharmacy technician, and registration under this section is not

85

required.

86

     (5) Notwithstanding the requirements of this section or any

87

other provision of law, a person who is licensed by the state as

88

a pharmacy intern may be employed as a registered pharmacy

89

technician without paying a registration fee or filing an

90

application with the board to register as a pharmacy technician.

91

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

92

technician must complete 20 hours biennially of continuing

93

education courses approved by the board or the Accreditation

94

Council for Pharmacy Education, of which 4 hours must be via

95

live presentation and 2 hours must be related to the prevention

96

of medication errors and pharmacy law.

97

     (7) The board shall adopt rules that require each

98

registration issued by the board under this section to be

99

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

100

and to facilitate inspection by the department. The board may

101

adopt other rules as necessary to administer this section.

102

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

103

as a pharmacy technician or that a registered pharmacy

104

technician has committed an act that constitutes grounds for

105

discipline as set forth in s. 456.072(1) or has committed an act

106

that constitutes grounds for denial of a license or disciplinary

107

action as set forth in this chapter, including an act that

108

constitutes a substantial violation of s. 456.072(1) or a

109

violation of this chapter which occurred before the applicant or

110

registrant was registered as a pharmacy technician, the board

111

may enter an order imposing any of the penalties specified in s.

112

456.072(2) against the applicant or registrant.

113

     Section 4.  Effective January 1, 2011, subsection (2) of

114

section 465.014, Florida Statutes, as amended by this act, is

115

amended to read:

116

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

117

in this state must register by filing an application with the

118

board on a form adopted by rule of the board. The board shall

119

register each applicant who has remitted a registration fee set

120

by the board, not to exceed $50 biennially; has completed the

121

application form and remitted a nonrefundable application fee

122

set by the board, not to exceed $50; has earned a high school

123

diploma or GED; and is at least 18 years of age; and has

124

completed a pharmacy technician training program accredited by

125

the National Community Pharmacists Association, the American

126

Society of Health-System Pharmacists, the Department of

127

Education, or another program approved by the Board of Pharmacy.

128

     Section 5. Notwithstanding any requirements in s. 465.014

129

(2), Florida Statutes, any registered pharmacy technician

130

registered pursuant to s. 465.014, Florida Statutes, before

131

January 1, 2011, who has worked as a pharmacy technician for a

132

minimum of 1,500 hours under the supervision of a licensed

133

pharmacist or received certification as a pharmacy technician by

134

the Pharmacy Technician Certification Board or any certification

135

program approved by the National Commission for Certifying

136

Agencies is exempt from the requirement to complete an initial

137

training program for purposes of registration as required by s.

138

465.014(2), Florida Statutes. The Board of Pharmacy shall

139

prescribe by rule the documentation that such a registered

140

pharmacy technician must submit in order to verify his or her

141

compliance with the provisions of this section. This section

142

expires December 31, 2015.

143

     Section 6.  Effective January 1, 2010, paragraph (d) is

144

added to subsection (3) of section 465.015, Florida Statutes, to

145

read:

146

     465.015  Violations and penalties.--

147

     (3)

148

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

149

pharmacy technician under this chapter or who is not otherwise

150

exempt from the requirement to register as a pharmacy

151

technician, to perform the functions of a registered pharmacy

152

technician, or to hold himself or herself out to others as a

153

person who is registered to perform the functions of a

154

registered pharmacy technician in this state.

155

     Section 7.  Effective January 1, 2010, subsection (5) of

156

section 465.019, Florida Statutes, is amended to read:

157

     465.019  Institutional pharmacies; permits.--

158

     (5)  All institutional pharmacies shall be under the

159

professional supervision of a consultant pharmacist, and the

160

compounding and dispensing of medicinal drugs shall be done only

161

by a licensed pharmacist. Every institutional pharmacy that

162

employs or otherwise uses registered utilizes pharmacy

163

technicians shall have a written policy and procedures manual

164

specifying those duties, tasks, and functions that which a

165

registered pharmacy technician is allowed to perform.

166

     Section 8.  Effective January 1, 2010, section 465.0196,

167

Florida Statutes, is amended to read:

168

     465.0196  Special pharmacy permits.--Any person desiring a

169

permit to operate a special pharmacy shall apply to the

170

department for a special pharmacy permit. If the board certifies

171

that the application complies with the applicable laws and rules

172

of the board governing the practice of the profession of

173

pharmacy, the department shall issue the permit. A No permit may

174

not shall be issued unless a licensed pharmacist is designated

175

to undertake the professional supervision of the compounding and

176

dispensing of all drugs dispensed by the pharmacy. The licensed

177

pharmacist shall be responsible for maintaining all drug records

178

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

179

in which the compounding, storing, and dispensing of medicinal

180

drugs occurs. The permittee shall notify the department within

181

10 days after of any change of the licensed pharmacist

182

responsible for such duties. Each Every permittee that employs

183

or otherwise uses registered utilizes pharmacy technicians shall

184

have a written policy and procedures manual specifying those

185

duties, tasks, and functions that which a registered pharmacy

186

technician is allowed to perform.

187

     Section 9.  Subsection (1) of section 465.0197, Florida

188

Statutes, is amended to read:

189

     465.0197  Internet pharmacy permits.--

190

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

191

pharmacy shall apply to the department for an Internet pharmacy

192

permit. If the board certifies that the application complies

193

with the applicable laws and rules of the board governing the

194

practice of the profession of pharmacy, the department shall

195

issue the permit. A No permit may not shall be issued unless a

196

licensed pharmacist is designated as the prescription department

197

manager for dispensing medicinal drugs to persons in this state.

198

The licensed pharmacist shall be responsible for maintaining all

199

drug records and for providing for the security of the area in

200

the facility in which the compounding, storing, and dispensing

201

of medicinal drugs to persons in this state occurs. The

202

permittee shall notify the department within 30 days after of

203

any change of the licensed pharmacist responsible for such

204

duties. A Every permittee that employs or otherwise uses

205

registered utilizes pharmacy technicians shall have a written

206

policy and procedures manual specifying those duties, tasks, and

207

functions that which a registered pharmacy technician is allowed

208

to perform.

209

     Section 10.  Except as otherwise expressly provided in this

210

act, this act shall take effect upon becoming a law.

211

212

================ T I T L E  A M E N D M E N T ================

213

And the title is amended as follows:

214

     Delete everything before the enacting clause

215

and insert:

216

A bill to be entitled

217

An act relating to pharmacy technicians; providing a short

218

title; amending s. 465.0075, F.S.; revising licensure

219

requirements; amending s. 465.014, F.S.; providing for the

220

registration of pharmacy technicians; requiring that a

221

registered pharmacy technician be under the direct

222

supervision of a licensed pharmacist; requiring the Board

223

of Pharmacy to set fees and rules for the registration of

224

pharmacy technicians; providing qualification

225

requirements; providing a limitation; exempting pharmacy

226

technician students and licensed pharmacy interns from

227

registration requirements; providing continuing education

228

requirements for registration renewal; requiring the board

229

to adopt rules; providing grounds for denial, suspension,

230

or revocation of registration or other disciplinary

231

action; authorizing the board to impose certain penalties;

232

requiring completion of a pharmacy technician training

233

program in order to register as a pharmacy technician by a

234

specified date; providing an exception to the requirement

235

to complete a training program; amending s. 465.015, F.S.;

236

prohibiting a person who is not registered as a pharmacy

237

technician from performing certain functions or holding

238

himself or herself out to others as a registered pharmacy

239

technician; amending ss. 465.019, 465.0196, and 465.0197,

240

F.S., relating to institutional pharmacies, special

241

pharmacy permits, and Internet pharmacy permits;

242

conforming references; providing an effective date.

3/12/2008  1:06:00 PM     588-04730-08