Senate Bill sb2670

    Florida Senate - 2003                                  SB 2670

    By Senator Campbell





    32-1467A-03                                         See HB 207

  1                      A bill to be entitled

  2         An act relating to pharmacy; amending s.

  3         465.017, F.S.; requiring the Board of Pharmacy

  4         to adopt rules establishing guidelines for

  5         pharmacies to dispose of patient records;

  6         providing an effective date.

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  8  Be It Enacted by the Legislature of the State of Florida:

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10         Section 1.  Section 465.017, Florida Statutes, is

11  amended to read:

12         465.017  Authority to inspect; disposal.--

13         (1)  Duly authorized agents and employees of the

14  department shall have the power to inspect in a lawful manner

15  at all reasonable hours any pharmacy, hospital, clinic,

16  wholesale establishment, manufacturer, physician's office, or

17  any other place in the state in which drugs and medical

18  supplies are manufactured, packed, packaged, made, stored,

19  sold, offered for sale, exposed for sale, or kept for sale for

20  the purpose of:

21         (a)  Determining if any of the provisions of this

22  chapter or any rule promulgated under its authority is being

23  violated;

24         (b)  Securing samples or specimens of any drug or

25  medical supply after paying or offering to pay for such sample

26  or specimen; or

27         (c)  Securing such other evidence as may be needed for

28  prosecution under this chapter.

29         (2)(a)  Except as permitted by this chapter, and

30  chapters 406, 409, 456, 499, and 893, records maintained in a

31  pharmacy relating to the filling of prescriptions and the

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






    Florida Senate - 2003                                  SB 2670
    32-1467A-03                                         See HB 207




 1  dispensing of medicinal drugs shall not be furnished to any

 2  person other than to the patient for whom the drugs were

 3  dispensed, or her or his legal representative, or to the

 4  department pursuant to existing law, or, in the event that the

 5  patient is incapacitated or unable to request said records,

 6  her or his spouse except upon the written authorization of

 7  such patient. Such records may be furnished in any civil or

 8  criminal proceeding, upon the issuance of a subpoena from a

 9  court of competent jurisdiction and proper notice to the

10  patient or her or his legal representative by the party

11  seeking such records.

12         (b)  The board shall adopt rules to establish practice

13  guidelines for pharmacies to follow in disposing of records

14  maintained in a pharmacy relating to the filling of

15  prescriptions and the dispensing of medicinal drugs. Such

16  rules shall be consistent with the duty to preserve the

17  confidentiality of such records in accordance with applicable

18  state and federal law. 

19         Section 2.  This act shall take effect July 1, 2003.

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