Florida Senate - 2015                      CS for CS for SB 1180
       
       
        
       By the Committees on Regulated Industries; and Health Policy;
       and Senators Latvala, Soto, and Diaz de la Portilla
       
       
       
       
       580-04204-15                                          20151180c2
    1                        A bill to be entitled                      
    2         An act relating to the practice of pharmacy; amending
    3         s. 465.0276, F.S.; specifying that the Florida
    4         Pharmacy Act and rules adopted thereunder do not
    5         prohibit a veterinarian from administering a
    6         compounded drug to a patient or dispensing a
    7         compounded drug to the patient’s owner or caretaker;
    8         providing applicability; creating s. 465.1862, F.S.;
    9         defining terms; requiring that each contract or
   10         contract renewal between a pharmacy benefits manager
   11         and a pharmacy require the pharmacy benefits manager
   12         to periodically update the maximum allowable cost
   13         pricing information and to maintain a procedure to
   14         eliminate certain drugs from the list of those subject
   15         to maximum allowable cost pricing or modify maximum
   16         allowable cost prices to remain consistent with
   17         changes in certain pricing data; providing an
   18         effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (6) is added to section 465.0276,
   23  Florida Statutes, to read:
   24         465.0276 Dispensing practitioner.—
   25         (6) This chapter and the rules adopted thereunder do not
   26  prohibit a veterinarian licensed under chapter 474 from
   27  administering a compounded drug to a patient, as defined in s.
   28  474.202, or dispensing a compounded drug to the patient’s owner
   29  or caretaker. This subsection does not affect the regulation of
   30  the practice of pharmacy as set forth in this chapter.
   31         Section 2. Section 465.1862, Florida Statutes, is created
   32  to read:
   33         465.1862 Pharmacy benefits manager contracts.—
   34         (1)(a) “Maximum allowable cost” means the per-unit amount
   35  that a pharmacy benefits manager reimburses a pharmacist for a
   36  prescription drug, excluding dispensing fees, prior to the
   37  application of copayments, coinsurance, and other cost-sharing
   38  charges, if any.
   39         (b) “Pharmacy benefits manager” means a person or entity
   40  doing business in this state which contracts to administer or
   41  manage prescription drug benefits on behalf of a health
   42  insurance plan, as defined in s. 627.6482, to residents of this
   43  state.
   44         (2) Each contract execution or contract renewal between a
   45  pharmacy benefits manager and a pharmacy must include
   46  requirements that the pharmacy benefits manager:
   47         (a) Update maximum allowable cost pricing information at
   48  least every 7 calendar days; and
   49         (b) Maintain a process that will, in a timely manner,
   50  eliminate drugs from maximum allowable cost lists or modify drug
   51  prices to remain consistent with changes in pricing data used in
   52  formulating maximum allowable cost prices and product
   53  availability.
   54         Section 3. This act shall take effect July 1, 2015.