| 1 | A bill to be entitled |
| 2 | An act relating to pharmacy practice; amending s. 465.003, |
| 3 | F.S.; revising the definition of the term "practice of the |
| 4 | profession of pharmacy" to include the administering of |
| 5 | immunizations by a pharmacist within the framework of an |
| 6 | established protocol under a supervisory practitioner who |
| 7 | is a licensed physician or by written agreement with a |
| 8 | county health department; requiring professional liability |
| 9 | insurance, training in immunization, and employer approval |
| 10 | prior to entering into a protocol; reenacting s. 465.014, |
| 11 | F.S., relating to pharmacy technicians, to incorporate the |
| 12 | amendment to s. 465.003, F.S., in a reference thereto; |
| 13 | providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Subsection (13) of section 465.003, Florida |
| 18 | Statutes, is amended to read: |
| 19 | 465.003 Definitions.--As used in this chapter, the term: |
| 20 | (13) "Practice of the profession of pharmacy" includes |
| 21 | compounding, dispensing, and consulting concerning contents, |
| 22 | therapeutic values, and uses of any medicinal drug; consulting |
| 23 | concerning therapeutic values and interactions of patent or |
| 24 | proprietary preparations, whether pursuant to prescriptions or |
| 25 | in the absence and entirely independent of such prescriptions or |
| 26 | orders; and other pharmaceutical services. For purposes of this |
| 27 | subsection, "other pharmaceutical services" means the monitoring |
| 28 | of the patient's drug therapy and assisting the patient in the |
| 29 | management of his or her drug therapy, and includes review of |
| 30 | the patient's drug therapy and communication with the patient's |
| 31 | prescribing health care provider as licensed under chapter 458, |
| 32 | chapter 459, chapter 461, or chapter 466, or similar statutory |
| 33 | provision in another jurisdiction, or such provider's agent or |
| 34 | such other persons as specifically authorized by the patient, |
| 35 | regarding the drug therapy. However, nothing in this subsection |
| 36 | may be interpreted to permit an alteration of a prescriber's |
| 37 | directions, the diagnosis or treatment of any disease, the |
| 38 | initiation of any drug therapy, the practice of medicine, or the |
| 39 | practice of osteopathic medicine, unless otherwise permitted by |
| 40 | law. "Practice of the profession of pharmacy" also includes any |
| 41 | other act, service, operation, research, or transaction |
| 42 | incidental to, or forming a part of, any of the foregoing acts, |
| 43 | requiring, involving, or employing the science or art of any |
| 44 | branch of the pharmaceutical profession, study, or training, and |
| 45 | shall expressly permit a pharmacist to transmit information from |
| 46 | persons authorized to prescribe medicinal drugs to their |
| 47 | patients. "Practice of the profession of pharmacy" also includes |
| 48 | the administering of immunizations by a pharmacist within the |
| 49 | framework of an established protocol under a supervisory |
| 50 | practitioner who is a physician licensed under chapter 458 or |
| 51 | chapter 459 or by written agreement with a county health |
| 52 | department. Each protocol must contain specific procedures to |
| 53 | address any unforeseen allergic reaction to an immunization. A |
| 54 | pharmacist may not enter into a protocol unless he or she |
| 55 | maintains at least $200,000 in professional liability insurance |
| 56 | and has completed training in immunization as may be required by |
| 57 | the board. The decision by a supervisory practitioner to enter |
| 58 | into such a protocol is a professional decision of the |
| 59 | practitioner, and no person may interfere with a supervisory |
| 60 | practitioner's decision as to whether to enter into such a |
| 61 | protocol. A pharmacist may not enter into a protocol that is to |
| 62 | be performed while acting as an employee without the written |
| 63 | approval of the owner of the pharmacy. |
| 64 | Section 2. For the purpose of incorporating the amendment |
| 65 | to section 465.003, Florida Statutes, in a reference thereto, |
| 66 | section 465.014, Florida Statutes, is reenacted to read: |
| 67 | 465.014 Pharmacy technician.--No person other than a |
| 68 | licensed pharmacist or pharmacy intern may engage in the |
| 69 | practice of the profession of pharmacy, except that a licensed |
| 70 | pharmacist may delegate to nonlicensed pharmacy technicians |
| 71 | those duties, tasks, and functions which do not fall within the |
| 72 | purview of s. 465.003(13). All such delegated acts shall be |
| 73 | performed under the direct supervision of a licensed pharmacist |
| 74 | who shall be responsible for all such acts performed by persons |
| 75 | under his or her supervision. A pharmacy technician, under the |
| 76 | supervision of a pharmacist, may initiate or receive |
| 77 | communications with a practitioner or his or her agent, on |
| 78 | behalf of a patient, regarding refill authorization requests. No |
| 79 | licensed pharmacist shall supervise more than one pharmacy |
| 80 | technician unless otherwise permitted by the guidelines adopted |
| 81 | by the board. The board shall establish guidelines to be |
| 82 | followed by licensees or permittees in determining the |
| 83 | circumstances under which a licensed pharmacist may supervise |
| 84 | more than one but not more than three pharmacy technicians. |
| 85 | Section 3. This act shall take effect July 1, 2004. |