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
    11-1299-05




 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
    11-1299-05




 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
    11-1299-05




 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
    11-1299-05




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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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