Senate Bill sb2452

    Florida Senate - 2005                                  SB 2452

    By Senator Aronberg





    27-1469-05

  1                      A bill to be entitled

  2         An act relating to pharmacy technicians;

  3         amending s. 465.014, F.S.; authorizing pharmacy

  4         technicians to initiate or receive requests for

  5         original prescriptions when dispensing for

  6         nonhuman use; prohibiting a licensed pharmacist

  7         from supervising more than a certain number of

  8         pharmacy technicians in dispensing

  9         prescriptions for nonhuman use; amending s.

10         465.035, F.S.; providing an exception to

11         certain requirements for dispensing medicinal

12         drugs for nonhuman use via facsimile; providing

13         an effective date.

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

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17         Section 1.  Section 465.014, Florida Statutes, is

18  amended to read:

19         465.014  Pharmacy technician.--A No person other than a

20  licensed pharmacist or pharmacy intern may not engage in the

21  practice of the profession of pharmacy, except that a licensed

22  pharmacist may delegate to nonlicensed pharmacy technicians

23  those duties, tasks, and functions which do not fall within

24  the purview of s. 465.003(13).  All such delegated acts must

25  shall be performed under the direct supervision of a licensed

26  pharmacist who is shall be responsible for all such acts

27  performed by persons under his or her supervision.  A pharmacy

28  technician, under the supervision of a pharmacist, may

29  initiate or receive communications with a practitioner or his

30  or her agent, on behalf of a patient, regarding refill

31  authorization requests. In addition, a pharmacy technician may

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    Florida Senate - 2005                                  SB 2452
    27-1469-05




 1  initiate or receive requests for original prescriptions for

 2  nonhuman use if this is done under the supervision of a

 3  licensed pharmacist. A No licensed pharmacist may not shall

 4  supervise more than one pharmacy technician unless otherwise

 5  permitted by the guidelines adopted by the board. The board

 6  shall establish guidelines to be followed by licensees or

 7  permittees in determining the circumstances under which a

 8  licensed pharmacist may supervise more than one but not more

 9  than three pharmacy technicians. A licensed pharmacist may not

10  supervise more than seven pharmacy technicians in dispensing

11  prescriptions for nonhuman use.

12         Section 2.  Paragraph (b) of subsection (1) of section

13  465.035, Florida Statutes, is amended to read:

14         465.035  Dispensing of medicinal drugs pursuant to

15  facsimile of prescription.--

16         (1)  Notwithstanding any other provision of this

17  chapter, it is lawful for a pharmacy to dispense medicinal

18  drugs, including controlled substances authorized under

19  subsection (2), based on reception of an electronic facsimile

20  of the original prescription if all of the following

21  conditions are met:

22         (b)  Except in the case of the transmission of a

23  prescription by a person authorized by law to prescribe

24  medicinal drugs and except in the case of dispensing for

25  nonhuman use:

26         1.  The facsimile system making the transmission

27  provides the pharmacy receiving the transmission with audio

28  communication via telephonic, electronic, or similar means

29  with the person presenting the prescription.

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    Florida Senate - 2005                                  SB 2452
    27-1469-05




 1         2.  At the time of the delivery of the medicinal drugs,

 2  the pharmacy has in its possession the original prescription

 3  for the medicinal drug involved.

 4         3.  The recipient of the prescription shall sign a log

 5  and shall indicate the name and address of both the recipient

 6  and the patient for whom the medicinal drug was prescribed.

 7         Section 3.  This act shall take effect upon becoming a

 8  law.

 9  

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11                          SENATE SUMMARY

12    Authorizes pharmacy technicians to initiate or receive
      requests for original prescriptions when dispensing for
13    nonhuman use. Prohibits a licensed pharmacist from
      supervising more than seven pharmacy technicians in
14    dispensing prescriptions for nonhuman use. Provides that
      certain requirements do not apply to the dispensing of
15    medicinal drugs for nonhuman use via facsimile.

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