Florida Senate - 2019 SB 1170
By Senator Brandes
1 A bill to be entitled
2 An act relating to automated pharmacy systems;
3 amending s. 465.0235, F.S.; authorizing a community
4 pharmacy to use an automated pharmacy system under
5 certain circumstances; providing that certain
6 medicinal drugs stored in such system for outpatient
7 dispensing are part of the inventory of the pharmacy
8 providing services through such system; requiring the
9 Board of Pharmacy to adopt rules; providing an
10 effective date.
12 Be It Enacted by the Legislature of the State of Florida:
14 Section 1. Section 465.0235, Florida Statutes, is amended
15 to read:
16 465.0235 Automated pharmacy systems used by long-term care
17 facilities, hospices, or state correctional institutions or for
18 outpatient dispensing.—
19 (1) A pharmacy may provide pharmacy services to a long-term
20 care facility or hospice licensed under chapter 400 or chapter
21 429 or a state correctional institution operated under chapter
22 944 through the use of an automated pharmacy system that need
23 not be located at the same location as the pharmacy.
24 (2) A community pharmacy, as defined in s. 465.003(11)(a)1.
25 and licensed in this state, may provide pharmacy services for
26 outpatient dispensing through the use of an automated pharmacy
27 system that need not be located at the same location as the
28 community pharmacy if all of the following requirements are met:
29 (a) The automated pharmacy system is under the supervision
30 and control of the community pharmacy.
31 (b) The community pharmacy providing services through the
32 automated pharmacy system notifies the board of the location of
33 the automated pharmacy system and any changes in such location.
34 (c) The automated pharmacy system is under the supervision
35 and control of a pharmacist, as defined in s. 465.003 and
36 licensed in this state, who is available and accessible for
37 patient counseling before the dispensing of any medicinal drug.
38 (d) The automated pharmacy system does not contain or
39 dispense any controlled substances listed in Schedule II,
40 Schedule III, Schedule IV, or Schedule V of s. 893.03 or 21
41 U.S.C. s. 812.
42 (e) The community pharmacy maintains a record of the
43 medicinal drugs dispensed, including the identity of the
44 pharmacist responsible for verifying the accuracy of the dosage
45 and directions and providing patient counseling.
46 (f) The automated pharmacy system ensures the
47 confidentiality of personal health information.
(2) Medicinal drugs stored in bulk or unit of use in an
49 automated pharmacy system servicing a long-term care facility,
50 hospice, or correctional institution, or for outpatient
51 dispensing, are part of the inventory of such the pharmacy
52 providin g pharmacy ser vices to that facility, hospice, or
53 institution, and medicinal drugs delivered by the automated
54 pharmacy system are considered to have been dispensed by that
56 (4) (3) The operation of an automated pharmacy system must
57 be under the supervision of a Florida-licensed pharmacist
58 licensed in this state. To qualify as a supervisor for an
59 automated pharmacy system, the pharmacist need not be physically
60 present at the site of the automated pharmacy system and may
61 supervise the system electronically. The Florida-licensed
62 pharmacist shall be required to develop and implement policies
63 and procedures designed to verify that the medicinal drugs
64 delivered by the automated dispensing system are accurate and
65 valid and that the machine is properly restocked.
66 (5) (4) The Legislature does not intend this section to
67 limit the current practice of pharmacy in this state. This
68 section is intended to allow automated pharmacy systems to
69 enhance the ability of a pharmacist to provide pharmacy services
70 in locations that do not employ a full-time pharmacist. This
71 section does not limit or replace the use of a consultant
73 (6) (5) The board shall adopt rules governing the use of an
74 automated pharmacy systems system by January 1, 2005, which must
75 include all of the following specify:
76 (a) Recordkeeping requirements. ;
77 (b) Security requirements. ; and
78 (c) Labeling requirements that permit the use of unit-dose
79 medications if the facility, hospice, or institution maintains
80 medication-administration records that include directions for
81 use of the medication and the automated pharmacy system
83 1. The dispensing pharmacy. ;
84 2. The prescription number. ;
85 3. The name of the patient. ; and
86 4. The name of the prescribing practitioner.
87 Section 2. This act shall take effect July 1, 2019.