Amendment
Bill No. 1838
Amendment No. 520641
CHAMBER ACTION
Senate House
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1The Health & Families Council offered the following:
2
3     Amendment (with title amendment)
4     On page 2, line 14, through page 3, line 19
5remove:  all of said lines
6
7and insert:
8     465.0266  Common database.--Nothing contained in this
9chapter shall be construed to prohibit the dispensing by a
10pharmacist licensed in this state or another state of a
11prescription contained in a common database, and such dispensing
12shall not constitute a transfer as defined in s. 465.026(1)?(6),
13provided that the following conditions are met:
14     (1)  All pharmacies involved in the transactions pursuant
15to which the prescription is dispensed are under common
16ownership and utilize a common database.
17     (2)  All pharmacies involved in the transactions pursuant
18to which the prescription is dispensed and all pharmacists
19engaging in dispensing functions are properly licensed,
20permitted, or registered in this state or another state.
21     (3)  The common database maintains a record of all
22pharmacists involved in the process of dispensing a
23prescription.
24     (4)  The owner of the common database maintains a policy
25and procedures manual that governs its participating pharmacies,
26pharmacists, and pharmacy employees and that is available to the
27board or its agent upon request. The policy and procedures
28manual shall include the following information:
29     (a)  A best practices model detailing how each pharmacy and
30each pharmacist accessing the common database will comply with
31applicable federal and state laws, rules, and regulations.
32     (b)  The procedure for maintaining appropriate records for
33regulatory oversight for tracking a prescription during each
34stage of the filling and dispensing process, identifying the
35pharmacists involved in filling and dispensing the prescription
36and counseling the patient, and responding to any requests for
37information made by the board under s. 465.0156.
38     (c)  The policy and procedure for providing adequate
39security to protect the confidentiality and integrity of patient
40information.
41     (d)  A quality assurance program designed to objectively
42and systematically monitor, evaluate, and improve the quality
43and appropriateness of patient care through the use of the
44common database.
45
46Any pharmacist dispensing a prescription has at all times the
47right and obligation to exercise his or her independent
48professional judgment. Notwithstanding other provisions in this
49section, no pharmacist licensed in this state participating in
50the dispensing of a prescription pursuant to this section shall
51be responsible for the acts and omissions of another person
52participating in the dispensing process provided such person is
53not under the direct supervision and control of the pharmacist
54licensed in this state.
55
56
57========= T I T L E  A M E N D M E N T =========
58     On page 1, line(s) 8-10,
59remove:  all of said lines
60
61and insert:
62dispensing of a prescription contained in a common database
63under specified conditions; providing requirements for a
64policy and procedures manual that governs pharmacies,
65pharmacists, and pharmacy employees participating in a
66pharmacy common database; providing for the rights and
67obligations of pharmacists dispensing prescriptions;
68providing an effective


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