Senate Bill sb2548
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Florida Senate - 2005 SB 2548
By Senator Fasano
11-1299-05
1 A bill to be entitled
2 An act relating to pharmacy technicians;
3 amending s. 465.014, F.S.; requiring a pharmacy
4 technician to be registered with the Board of
5 Pharmacy; providing requirements for
6 registration; prohibiting a pharmacist whose
7 license has been suspended, denied, or
8 restricted from registering as a pharmacy
9 technician; authorizing a pharmacy technician
10 student to be trained in a pharmacy without
11 registering under certain conditions;
12 authorizing an unpaid volunteer to perform
13 functions as a pharmacy technician without
14 registering under certain conditions; providing
15 that a licensed pharmacy intern may be employed
16 as a pharmacy technician without being
17 registered as a pharmacy technician under
18 certain conditions; requiring continuing
19 education; requiring the board to adopt rules
20 relating to the display of a pharmacy
21 technician's registration; providing grounds
22 for denial of registration as a pharmacy
23 technician; providing an effective date.
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25 Be It Enacted by the Legislature of the State of Florida:
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27 Section 1. Section 465.014, Florida Statutes, is
28 amended to read:
29 465.014 Pharmacy technician.--
30 (1) A No person other than a licensed pharmacist or
31 pharmacy intern may not engage in the practice of the
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Florida Senate - 2005 SB 2548
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1 profession of pharmacy, except that a licensed pharmacist may
2 delegate to nonlicensed pharmacy technicians who are
3 registered pursuant to this section those duties, tasks, and
4 functions which do not fall within the purview of s.
5 465.003(13). All such delegated acts shall be performed under
6 the direct supervision of a licensed pharmacist who shall be
7 responsible for all such acts performed by persons under his
8 or her supervision. A registered pharmacy technician, under
9 the supervision of a pharmacist, may initiate or receive
10 communications with a practitioner or his or her agent, on
11 behalf of a patient, regarding refill authorization requests.
12 A No licensed pharmacist may not shall supervise more than one
13 registered pharmacy technician unless otherwise permitted by
14 the guidelines adopted by the board. The board shall establish
15 guidelines to be followed by licensees or permittees in
16 determining the circumstances under which a licensed
17 pharmacist may supervise more than one but not more than three
18 registered pharmacy technicians.
19 (2) Any person who wishes to work as a pharmacy
20 technician in this state shall register with the board by
21 filing an application on a form furnished by the board. The
22 board shall register each applicant who has remitted a
23 registration fee set by board, not to exceed $50 biennially,
24 has completed the application form, has remitted a
25 nonrefundable application fee set by the board, not to exceed
26 $25, and who meets the following requirements:
27 (a) Is at least 18 years of age;
28 (b) Is a high school graduate or equivalent; and
29 (c) Within 5 years preceding the application has not
30 been convicted of, or plead guilty or nolo contendere to,
31 regardless of adjudication, a crime that relates to drug
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Florida Senate - 2005 SB 2548
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1 diversion or that otherwise directly relates to the functions
2 and duties of a pharmacy technician.
3 (3) A pharmacist whose license has been denied,
4 suspended, or restricted for disciplinary purposes is not
5 eligible to be registered as a pharmacy technician.
6 (4) Notwithstanding the requirements of this section
7 or any other provision of law, a pharmacy technician student
8 may be placed in a pharmacy for the purpose of obtaining
9 practical training required by the body accrediting the
10 pharmacy technician training program. A pharmacy technician
11 student shall wear identification that indicates his or her
12 student status, and registration under this section is not
13 required.
14 (5) Notwithstanding the requirements of this section
15 or any other provision of law, an individual who works as an
16 unpaid volunteer under the supervision of a licensed
17 pharmacist may perform the functions of a pharmacy technician
18 without paying a registration fee or filing an application
19 with the board if a register is maintained bearing the name of
20 every such volunteer and documenting each volunteer's period
21 of service.
22 (6) Notwithstanding the requirements of this section
23 or any other provision of law, an individual licensed as a
24 pharmacy intern in this state may be employed as a registered
25 pharmacy technician without paying a registration fee or
26 filing an application with the board to register as a pharmacy
27 technician.
28 (7) As a condition of registration renewal, a pharmacy
29 technician shall biennially complete 20 hours of continuing
30 education approved by the American Council on Pharmaceutical
31 Education or the Florida Board of Pharmacy, of which 4 hours
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Florida Senate - 2005 SB 2548
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1 must be via live presentation and 2 hours must be related to
2 the prevention of medication errors and pharmacy law.
3 (8) The board shall adopt rules that require each
4 registration issued by the board under this section to be
5 displayed in such a manner as to make it available to the
6 public and to facilitate inspection by the board.
7 (9) The following acts constitute grounds for denial
8 of registration of a pharmacy technician:
9 (a) Being unfit or incompetent to work as a pharmacy
10 technician by reason of:
11 1. Habitual intoxication.
12 2. The misuse or abuse of any medicinal drug appearing
13 in any schedule set forth in chapter 893.
14 3. Any abnormal physical or mental condition that
15 threatens the safety of persons to whom she or he might sell
16 or assist a pharmacist in dispensing prescriptions, drugs, or
17 medical supplies, or for whom she or he might assist a
18 pharmacist in preparing or packaging prescriptions, drugs, or
19 medical supplies.
20 (b) Violating chapter 499; chapter 893; 21 U.S.C. ss.
21 301-392, the Federal Food, Drug, and Cosmetic Act; or 21
22 U.S.C. ss. 821 et seq., the Comprehensive Drug Abuse
23 Prevention and Control Act.
24 Section 2. This act shall take effect July 1, 2006.
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Florida Senate - 2005 SB 2548
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2 SENATE SUMMARY
3 Requires a pharmacy technician to be registered with the
Board of Pharmacy. Providing requirements for
4 registration. Prohibits a pharmacist whose license has
been suspended, denied, or restricted for disciplinary
5 purposes from registering as a pharmacy technician.
Authorizes a pharmacy technician student to be trained in
6 a pharmacy under certain conditions. Authorizes a
volunteer to perform functions as a pharmacy technician
7 under certain conditions. Provides that a pharmacy intern
may be employed as a pharmacy technician without being
8 registered as a pharmacy technician under certain
conditions. Provides grounds for denial of registration
9 as a pharmacy technician.
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