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| 1 | A bill to be entitled | ||
| 2 | An act relating to pharmacy; amending s. 465.017, F.S.; | ||
| 3 | requiring the Board of Pharmacy to adopt rules | ||
| 4 | establishing guidelines for pharmacies to dispose of | ||
| 5 | patient records; providing an effective date. | ||
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| 7 | Be It Enacted by the Legislature of the State of Florida: | ||
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| 9 | Section 1. Subsection (2) of section 465.017, Florida | ||
| 10 | Statutes, is amended to read: | ||
| 11 | 465.017 Authority to inspect; disposal.-- | ||
| 12 | (2)(a)Except as permitted by this chapter, and chapters | ||
| 13 | 406, 409, 456, 499, and 893, records maintained in a pharmacy | ||
| 14 | relating to the filling of prescriptions and the dispensing of | ||
| 15 | medicinal drugs shall not be furnished to any person other than | ||
| 16 | to the patient for whom the drugs were dispensed, or her or his | ||
| 17 | legal representative, or to the department pursuant to existing | ||
| 18 | law, or, in the event that the patient is incapacitated or | ||
| 19 | unable to request said records, her or his spouse except upon | ||
| 20 | the written authorization of such patient. Such records may be | ||
| 21 | furnished in any civil or criminal proceeding, upon the issuance | ||
| 22 | of a subpoena from a court of competent jurisdiction and proper | ||
| 23 | notice to the patient or her or his legal representative by the | ||
| 24 | party seeking such records. | ||
| 25 | (b) The board shall adopt rules to establish practice | ||
| 26 | guidelines for pharmacies to dispose of records maintained in a | ||
| 27 | pharmacy relating to the filling of prescriptions and the | ||
| 28 | dispensing of medicinal drugs. Such rules shall be consistent | ||
| 29 | with the duty to preserve the confidentiality of such records in | ||
| 30 | accordance with applicable state and federal law. | ||
| 31 | Section 2. This act shall take effect July 1, 2003. | ||
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