Senate Bill sb1372

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1372

    By Senator Saunders





    37-1034-04                                          See HB 141

  1                      A bill to be entitled

  2         An act relating to pharmacy; amending s.

  3         465.003, F.S.; defining the term "Internet

  4         pharmacy"; amending s. 465.0156, F.S.;

  5         exempting Internet pharmacies from registration

  6         requirements applicable to nonresident

  7         pharmacies; amending s. 465.016, F.S.;

  8         providing for disciplinary action for

  9         dispensing a medicinal drug when the pharmacist

10         knows or has reason to believe a prescription

11         is not valid; creating s. 465.0161, F.S.;

12         prohibiting the distribution of medicinal drugs

13         by an Internet pharmacy without a permit;

14         providing penalties; amending s. 465.0196,

15         F.S., relating to special pharmacy permits, to

16         conform; creating s. 465.0197, F.S.; requiring

17         Internet pharmacies to be permitted and

18         providing requirements therefor; amending s.

19         895.02, F.S.; including violation of s.

20         465.0161, F.S., in the definition of the term

21         "racketeering activity" for prosecution under

22         ch. 895, F.S.; providing an effective date.

23  

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

25  

26         Section 1.  Paragraph (a) of subsection (11) of section

27  465.003, Florida Statutes, is amended to read:

28         465.003  Definitions.--As used in this chapter, the

29  term:

30  

31  

                                  1

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






    Florida Senate - 2004                                  SB 1372
    37-1034-04                                          See HB 141




 1         (11)(a)  "Pharmacy" includes a community pharmacy, an

 2  institutional pharmacy, a nuclear pharmacy, and a special

 3  pharmacy, and an Internet pharmacy.

 4         1.  The term "community pharmacy" includes every

 5  location where medicinal drugs are compounded, dispensed,

 6  stored, or sold or where prescriptions are filled or dispensed

 7  on an outpatient basis.

 8         2.  The term "institutional pharmacy" includes every

 9  location in a hospital, clinic, nursing home, dispensary,

10  sanitarium, extended care facility, or other facility,

11  hereinafter referred to as "health care institutions," where

12  medicinal drugs are compounded, dispensed, stored, or sold.

13         3.  The term "nuclear pharmacy" includes every location

14  where radioactive drugs and chemicals within the

15  classification of medicinal drugs are compounded, dispensed,

16  stored, or sold. The term "nuclear pharmacy" does not include

17  hospitals licensed under chapter 395 or the nuclear medicine

18  facilities of such hospitals.

19         4.  The term "special pharmacy" includes every location

20  where medicinal drugs are compounded, dispensed, stored, or

21  sold if such locations are not otherwise defined in this

22  subsection.

23         5.  The term "Internet pharmacy" includes locations

24  that are not otherwise defined in this subsection where

25  medicinal drugs are compounded, dispensed, or stored and

26  subsequently sold primarily or exclusively to consumers over

27  the Internet.

28         Section 2.  Subsection (7) is added to section

29  465.0156, Florida Statutes, to read:

30         465.0156  Registration of nonresident pharmacies.--

31  

                                  2

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






    Florida Senate - 2004                                  SB 1372
    37-1034-04                                          See HB 141




 1         (7)  This section does not apply to Internet pharmacies

 2  required to be permitted under s. 465.0197.

 3         Section 3.  Paragraph (s) is added to subsection (1) of

 4  section 465.016, Florida Statutes, to read:

 5         465.016  Disciplinary actions.--

 6         (1)  The following acts constitute grounds for denial

 7  of a license or disciplinary action, as specified in s.

 8  456.072(2):

 9         (s)  Dispensing any medicinal drug based upon a

10  communication that purports to be a prescription as defined by

11  s. 465.003(14) or s. 893.02(20) when the pharmacist knows or

12  has reason to believe that the purported prescription is not

13  based upon a valid practitioner-patient relationship,

14  including appropriate patient history and a face-to-face or

15  visual encounter by the practitioner.

16         Section 4.  Section 465.0161, Florida Statutes, is

17  created to read:

18         465.0161  Distribution of medicinal drugs without a

19  permit.--An Internet pharmacy that distributes a medicinal

20  drug to any person in this state without being permitted as a

21  pharmacy under this chapter commits a felony of the second

22  degree, punishable as provided in s. 775.082, s. 775.083, or

23  s. 775.084.

24         Section 5.  Section 465.0196, Florida Statutes, is

25  amended to read:

26         465.0196  Special pharmacy permits.--Any person

27  desiring a permit to operate a special pharmacy which does not

28  fall within the definitions set forth in s. 465.003(11)(a)1.,

29  2., and 3. shall apply to the department for a special

30  pharmacy permit. If the board certifies that the application

31  complies with the applicable laws and rules of the board

                                  3

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






    Florida Senate - 2004                                  SB 1372
    37-1034-04                                          See HB 141




 1  governing the practice of the profession of pharmacy, the

 2  department shall issue the permit. No permit shall be issued

 3  unless a licensed pharmacist is designated to undertake the

 4  professional supervision of the compounding and dispensing of

 5  all drugs dispensed by the pharmacy. The licensed pharmacist

 6  shall be responsible for maintaining all drug records and for

 7  providing for the security of the area in the facility in

 8  which the compounding, storing, and dispensing of medicinal

 9  drugs occurs. The permittee shall notify the department within

10  10 days of any change of the licensed pharmacist responsible

11  for such duties. Every permittee that employs or otherwise

12  utilizes pharmacy technicians shall have a written policy and

13  procedures manual specifying those duties, tasks, and

14  functions which a pharmacy technician is allowed to perform.

15         Section 6.  Section 465.0197, Florida Statutes, is

16  created to read:

17         465.0197  Internet pharmacy permits.--

18         (1)  Any person desiring a permit to operate an

19  Internet pharmacy shall apply to the department for an

20  Internet pharmacy permit. If the board certifies that the

21  application complies with the applicable laws and rules of the

22  board governing the practice of the profession of pharmacy,

23  the department shall issue the permit. No permit shall be

24  issued unless a licensed pharmacist is designated as the

25  prescription department manager for dispensing medicinal drugs

26  to persons in this state. The licensed pharmacist shall be

27  responsible for maintaining all drug records and for providing

28  for the security of the area in the facility in which the

29  compounding, storing, and dispensing of medicinal drugs to

30  persons in this state occurs. The permittee shall notify the

31  department within 30 days of any change of the licensed

                                  4

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






    Florida Senate - 2004                                  SB 1372
    37-1034-04                                          See HB 141




 1  pharmacist responsible for such duties. Every permittee that

 2  employs or otherwise utilizes pharmacy technicians shall have

 3  a written policy and procedures manual specifying those

 4  duties, tasks, and functions which a pharmacy technician is

 5  allowed to perform.

 6         (2)  An Internet pharmacy must be permitted under this

 7  section to sell medicinal drugs to persons in this state.

 8         (3)  An Internet pharmacy shall provide pharmacy

 9  services at a high level of protection and competence and

10  shall disclose to the board the following specific

11  information:

12         (a)  That it maintains at all times a valid, unexpired

13  license, permit, or registration to operate the pharmacy in

14  compliance with the laws of the state in which the dispensing

15  facility is located and from which the medicinal drugs shall

16  be dispensed.

17         (b)  The location, names, and titles of all principal

18  corporate officers and the pharmacist who serves as the

19  prescription department manager for dispensing medicinal drugs

20  to persons in this state. This disclosure shall be made within

21  30 days after any change of location, principal corporate

22  officer, or pharmacist serving as the prescription department

23  manager for dispensing medicinal drugs to persons in this

24  state.

25         (c)  That it complies with all lawful directions and

26  requests for information from the regulatory or licensing

27  agency of all states in which it is licensed as well as with

28  all requests for information made by the board pursuant to

29  this section. It shall respond directly to all communications

30  from the board concerning emergency circumstances arising from

31  

                                  5

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






    Florida Senate - 2004                                  SB 1372
    37-1034-04                                          See HB 141




 1  errors in the dispensing of medicinal drugs to persons in this

 2  state.

 3         (d)  That it maintains its records of medicinal drugs

 4  dispensed to patients in this state so that the records are

 5  readily retrievable from the other business records of the

 6  pharmacy and from the records of other medicinal drugs

 7  dispensed.

 8         (e)  That during its regular hours of operation but not

 9  less than 6 days per week, for a minimum of 40 hours per week,

10  a toll-free telephone service shall be provided to facilitate

11  communication between patients in this state and a pharmacist

12  at the pharmacy who has access to the patient's records. This

13  toll-free number must be disclosed on the label affixed to

14  each container of dispensed medicinal drugs.

15         Section 7.  Paragraph (a) of subsection (1) of section

16  895.02, Florida Statutes, is amended to read:

17         895.02  Definitions.--As used in ss. 895.01-895.08, the

18  term:

19         (1)  "Racketeering activity" means to commit, to

20  attempt to commit, to conspire to commit, or to solicit,

21  coerce, or intimidate another person to commit:

22         (a)  Any crime which is chargeable by indictment or

23  information under the following provisions of the Florida

24  Statutes:

25         1.  Section 210.18, relating to evasion of payment of

26  cigarette taxes.

27         2.  Section 403.727(3)(b), relating to environmental

28  control.

29         3.4.  Section 409.920, relating to Medicaid provider

30  fraud.

31  

                                  6

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






    Florida Senate - 2004                                  SB 1372
    37-1034-04                                          See HB 141




 1         4.3.  Section 414.39, relating to public assistance

 2  fraud.

 3         5.  Section 440.105 or s. 440.106, relating to workers'

 4  compensation.

 5         6.  Section 465.0161, relating to distribution of

 6  medicinal drugs without a permit as an Internet pharmacy.

 7         7.6.  Sections 499.0051, 499.0052, 499.0053, 499.0054,

 8  and 499.0691, relating to crimes involving contraband and

 9  adulterated drugs.

10         8.7.  Part IV of chapter 501, relating to

11  telemarketing.

12         9.8.  Chapter 517, relating to sale of securities and

13  investor protection.

14         10.9.  Section 550.235, s. 550.3551, or s. 550.3605,

15  relating to dogracing and horseracing.

16         11.10.  Chapter 550, relating to jai alai frontons.

17         12.11.  Chapter 552, relating to the manufacture,

18  distribution, and use of explosives.

19         13.12.  Chapter 560, relating to money transmitters, if

20  the violation is punishable as a felony.

21         14.13.  Chapter 562, relating to beverage law

22  enforcement.

23         15.14.  Section 624.401, relating to transacting

24  insurance without a certificate of authority, s.

25  624.437(4)(c)1., relating to operating an unauthorized

26  multiple-employer welfare arrangement, or s. 626.902(1)(b),

27  relating to representing or aiding an unauthorized insurer.

28         16.15.  Section 655.50, relating to reports of currency

29  transactions, when such violation is punishable as a felony.

30         17.16.  Chapter 687, relating to interest and usurious

31  practices.

                                  7

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






    Florida Senate - 2004                                  SB 1372
    37-1034-04                                          See HB 141




 1         18.17.  Section 721.08, s. 721.09, or s. 721.13,

 2  relating to real estate timeshare plans.

 3         19.18.  Chapter 782, relating to homicide.

 4         20.19.  Chapter 784, relating to assault and battery.

 5         21.20.  Chapter 787, relating to kidnapping.

 6         22.21.  Chapter 790, relating to weapons and firearms.

 7         23.22.  Section 796.03, s. 796.04, s. 796.05, or s.

 8  796.07, relating to prostitution.

 9         24.23.  Chapter 806, relating to arson.

10         25.24.  Section 810.02(2)(c), relating to specified

11  burglary of a dwelling or structure.

12         26.25.  Chapter 812, relating to theft, robbery, and

13  related crimes.

14         27.26.  Chapter 815, relating to computer-related

15  crimes.

16         28.27.  Chapter 817, relating to fraudulent practices,

17  false pretenses, fraud generally, and credit card crimes.

18         29.28.  Chapter 825, relating to abuse, neglect, or

19  exploitation of an elderly person or disabled adult.

20         30.29.  Section 827.071, relating to commercial sexual

21  exploitation of children.

22         31.30.  Chapter 831, relating to forgery and

23  counterfeiting.

24         32.31.  Chapter 832, relating to issuance of worthless

25  checks and drafts.

26         33.32.  Section 836.05, relating to extortion.

27         34.33.  Chapter 837, relating to perjury.

28         35.34.  Chapter 838, relating to bribery and misuse of

29  public office.

30         36.35.  Chapter 843, relating to obstruction of

31  justice.

                                  8

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






    Florida Senate - 2004                                  SB 1372
    37-1034-04                                          See HB 141




 1         37.36.  Section 847.011, s. 847.012, s. 847.013, s.

 2  847.06, or s. 847.07, relating to obscene literature and

 3  profanity.

 4         38.37.  Section 849.09, s. 849.14, s. 849.15, s.

 5  849.23, or s. 849.25, relating to gambling.

 6         39.38.  Chapter 874, relating to criminal street gangs.

 7         40.39.  Chapter 893, relating to drug abuse prevention

 8  and control.

 9         41.40.  Chapter 896, relating to offenses related to

10  financial transactions.

11         42.41.  Sections 914.22 and 914.23, relating to

12  tampering with a witness, victim, or informant, and

13  retaliation against a witness, victim, or informant.

14         43.42.  Sections 918.12 and 918.13, relating to

15  tampering with jurors and evidence.

16         Section 8.  This act shall take effect July 1, 2004.

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  9

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