| 1 | A bill to be entitled |
| 2 | An act relating to pharmacy technicians; amending s. |
| 3 | 465.014, F.S.; allowing pharmacy technicians to initiate |
| 4 | or receive requests for original prescriptions when |
| 5 | dispensing for nonhuman use, under certain circumstances; |
| 6 | requiring the Board of Pharmacy to establish certain |
| 7 | guidelines on the supervision of pharmacy technicians |
| 8 | dispensing for nonhuman use; amending s. 465.035, F.S.; |
| 9 | providing an exception to a provision for facsimile of |
| 10 | prescriptions for cases of dispensing for nonhuman use; |
| 11 | providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 465.014, Florida Statutes, is amended |
| 16 | to read: |
| 17 | 465.014 Pharmacy technician.--No person other than a |
| 18 | licensed pharmacist or pharmacy intern may engage in the |
| 19 | practice of the profession of pharmacy, except that a licensed |
| 20 | pharmacist may delegate to nonlicensed pharmacy technicians |
| 21 | those duties, tasks, and functions which do not fall within the |
| 22 | purview of s. 465.003(13). All such delegated acts shall be |
| 23 | performed under the direct supervision of a licensed pharmacist |
| 24 | who shall be responsible for all such acts performed by persons |
| 25 | under his or her supervision. A pharmacy technician, under the |
| 26 | supervision of a pharmacist, may initiate or receive |
| 27 | communications with a practitioner or his or her agent, on |
| 28 | behalf of a patient, regarding refill authorization requests. A |
| 29 | pharmacy technician, under the supervision of a pharmacist, may |
| 30 | initiate or receive requests for original prescriptions when |
| 31 | dispensing for nonhuman use. No licensed pharmacist shall |
| 32 | supervise more than one pharmacy technician unless otherwise |
| 33 | permitted by the guidelines adopted by the board. The board |
| 34 | shall establish guidelines to be followed by licensees or |
| 35 | permittees in determining the circumstances under which a |
| 36 | licensed pharmacist may supervise more than one but not more |
| 37 | than three pharmacy technicians. However, a licensed pharmacist |
| 38 | may not supervise more than seven pharmacy technicians when they |
| 39 | dispense for nonhuman use. |
| 40 | Section 2. Paragraph (b) of subsection (1) of section |
| 41 | 465.035, Florida Statutes, is amended to read: |
| 42 | 465.035 Dispensing of medicinal drugs pursuant to |
| 43 | facsimile of prescription.-- |
| 44 | (1) Notwithstanding any other provision of this chapter, |
| 45 | it is lawful for a pharmacy to dispense medicinal drugs, |
| 46 | including controlled substances authorized under subsection (2), |
| 47 | based on reception of an electronic facsimile of the original |
| 48 | prescription if all of the following conditions are met: |
| 49 | (b) Except in the case of the transmission of a |
| 50 | prescription by a person authorized by law to prescribe |
| 51 | medicinal drugs and except in the case of dispensing for |
| 52 | nonhuman use: |
| 53 | 1. The facsimile system making the transmission provides |
| 54 | the pharmacy receiving the transmission with audio communication |
| 55 | via telephonic, electronic, or similar means with the person |
| 56 | presenting the prescription. |
| 57 | 2. At the time of the delivery of the medicinal drugs, the |
| 58 | pharmacy has in its possession the original prescription for the |
| 59 | medicinal drug involved. |
| 60 | 3. The recipient of the prescription shall sign a log and |
| 61 | shall indicate the name and address of both the recipient and |
| 62 | the patient for whom the medicinal drug was prescribed. |
| 63 | Section 3. This act shall take effect upon becoming a law. |