Senate Bill sb1340

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    Florida Senate - 2006                                  SB 1340

    By Senator Jones





    13-590-06

  1                      A bill to be entitled

  2         An act relating to pharmacy technicians;

  3         amending s. 465.014, F.S.; providing for the

  4         registration of pharmacy technicians; requiring

  5         the Board of Pharmacy to set fees and rules to

  6         register pharmacy technicians; providing

  7         qualification requirements; providing a

  8         limitation; exempting pharmacy technician

  9         students, unpaid volunteers, and licensed

10         pharmacy interns from certain registration

11         requirements; requiring the board to maintain a

12         register of certain unpaid volunteers;

13         providing continuing education requirements for

14         registration renewal; requiring the board to

15         adopt rules relating to display of

16         registration; providing grounds for denial of

17         registration; amending ss. 465.019, 465.0196,

18         and 465.0197, F.S.; conforming references;

19         providing an effective date.

20  

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

22  

23         Section 1.  Section 465.014, Florida Statutes, is

24  amended to read:

25         465.014  Pharmacy technician.--

26         (1)  A No person other than a licensed pharmacist or

27  pharmacy intern may not engage in the practice of the

28  profession of pharmacy, except that a licensed pharmacist may

29  delegate to nonlicensed pharmacy technicians registered

30  pursuant to this section those duties, tasks, and functions

31  which do not fall within the purview of s. 465.003(13). All

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    Florida Senate - 2006                                  SB 1340
    13-590-06




 1  such delegated acts shall be performed under the direct

 2  supervision of a licensed pharmacist who shall be responsible

 3  for all such acts performed by persons under his or her

 4  supervision. A registered pharmacy technician, under the

 5  supervision of a pharmacist, may initiate or receive

 6  communications with a practitioner or his or her agent, on

 7  behalf of a patient, regarding refill authorization requests.

 8  A No licensed pharmacist may not shall supervise more than one

 9  registered pharmacy technician unless otherwise permitted by

10  the guidelines adopted by the board. The board shall establish

11  guidelines to be followed by licensees or permittees in

12  determining the circumstances under which a licensed

13  pharmacist may supervise more than one but not more than three

14  registered pharmacy technicians.

15         (2)  Any person who wishes to work as a pharmacy

16  technician in this state shall register by filing an

17  application with the board on a form furnished by the board.

18  The board shall register each applicant who has remitted a

19  registration fee set by the board, not to exceed $50

20  biennially, has completed the application form and remitted a

21  nonrefundable application fee set by the board, not to exceed

22  $25, and meets the following requirements:

23         (a)  Is at least 18 years of age.

24         (b)  Is a high school graduate or equivalent.

25         (c)  Within the 5 years preceding application, has had

26  no conviction or pleading of guilt, and has never entered a

27  plea of nolo contendere, regardless of adjudication, for a

28  crime that relates to drug trafficking or otherwise directly

29  relates to the functions and duties of a pharmacy technician.

30  

31  

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    Florida Senate - 2006                                  SB 1340
    13-590-06




 1         (3)  A pharmacist whose license has been denied,

 2  suspended, or restricted for disciplinary purposes is not

 3  eligible to be registered as a pharmacy technician.

 4         (4)  Notwithstanding the requirements of this section

 5  or any other provision of law, a pharmacy technician student

 6  may be placed in a pharmacy for the purpose of obtaining

 7  practical training required by the body accrediting the

 8  pharmacy technician training program. A pharmacy technician

 9  student shall wear identification that indicates his or her

10  student status, and registration under this section is not

11  required.

12         (5)  Notwithstanding the requirements of this section

13  or any other provision of law, a person who works as an unpaid

14  volunteer under the supervision of a licensed pharmacist may

15  perform the functions of a pharmacy technician without paying

16  a registration fee or filing an application with the board to

17  register as a pharmacy technician, provided that the board

18  maintains a register that lists the name of each volunteer and

19  documents each volunteer's period of service.

20         (6)  Notwithstanding the requirements of this section

21  or any other provision of law, a person licensed by the state

22  as a pharmacy intern may be employed as a registered pharmacy

23  technician without paying a registration fee or filing an

24  application with the board to register as a pharmacy

25  technician.

26         (7)  As a condition of registration renewal, a pharmacy

27  technician shall complete 20 hours biennially of continuing

28  education courses approved by the board or the American

29  Council on Pharmaceutical Education, of which 4 hours must be

30  via live presentation and 2 hours must be related to the

31  prevention of medication errors and pharmacy law.

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    Florida Senate - 2006                                  SB 1340
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 1         (8)  The board shall adopt rules that require each

 2  registration issued by the board under this section to be

 3  displayed in such a manner as to make it available to the

 4  public and to facilitate inspection by the board.

 5         (9)  The following acts constitute grounds for denial

 6  of registration of a pharmacy technician:

 7         (a)  Being unfit or incompetent to work as a pharmacy

 8  technician by reason of:

 9         1.  Habitual intoxication.

10         2.  The misuse or abuse of any medicinal drug appearing

11  in any schedule set forth in chapter 893.

12         3.  Any abnormal physical or mental condition that

13  threatens the safety of persons to whom he or she might sell

14  or assist a pharmacist in dispensing prescriptions, drugs, or

15  medical supplies or for whom he or she might assist a

16  pharmacist in preparing or packaging prescriptions, drugs, or

17  medical supplies.

18         (b)  Violating chapter 499; 21 U.S.C. ss. 301-392,

19  known as the Federal Food, Drug, and Cosmetic Act; 21 U.S.C.

20  ss. 821 et seq., known as the Comprehensive Drug Abuse

21  Prevention and Control Act; or chapter 893.

22         Section 2.  Subsection (5) of section 465.019, Florida

23  Statutes, is amended to read:

24         465.019  Institutional pharmacies; permits.--

25         (5)  All institutional pharmacies shall be under the

26  professional supervision of a consultant pharmacist, and the

27  compounding and dispensing of medicinal drugs shall be done

28  only by a licensed pharmacist. Every institutional pharmacy

29  that employs or otherwise utilizes registered pharmacy

30  technicians shall have a written policy and procedures manual

31  

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    Florida Senate - 2006                                  SB 1340
    13-590-06




 1  specifying those duties, tasks, and functions which a pharmacy

 2  technician is allowed to perform.

 3         Section 3.  Section 465.0196, Florida Statutes, is

 4  amended to read:

 5         465.0196  Special pharmacy permits.--Any person

 6  desiring a permit to operate a special pharmacy shall apply to

 7  the department for a special pharmacy permit. If the board

 8  certifies that the application complies with the applicable

 9  laws and rules of the board governing the practice of the

10  profession of pharmacy, the department shall issue the permit.

11  No permit shall be issued unless a licensed pharmacist is

12  designated to undertake the professional supervision of the

13  compounding and dispensing of all drugs dispensed by the

14  pharmacy. The licensed pharmacist shall be responsible for

15  maintaining all drug records and for providing for the

16  security of the area in the facility in which the compounding,

17  storing, and dispensing of medicinal drugs occurs. The

18  permittee shall notify the department within 10 days of any

19  change of the licensed pharmacist responsible for such duties.

20  Every permittee that employs or otherwise utilizes pharmacy

21  technicians shall have a written policy and procedures manual

22  specifying those duties, tasks, and functions which a

23  registered pharmacy technician is allowed to perform.

24         Section 4.  Subsection (1) of section 465.0197, Florida

25  Statutes, is amended to read:

26         465.0197  Internet pharmacy permits.--

27         (1)  Any person desiring a permit to operate an

28  Internet pharmacy shall apply to the department for an

29  Internet pharmacy permit. If the board certifies that the

30  application complies with the applicable laws and rules of the

31  board governing the practice of the profession of pharmacy,

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    Florida Senate - 2006                                  SB 1340
    13-590-06




 1  the department shall issue the permit. No permit shall be

 2  issued unless a licensed pharmacist is designated as the

 3  prescription department manager for dispensing medicinal drugs

 4  to persons in this state. The licensed pharmacist shall be

 5  responsible for maintaining all drug records and for providing

 6  for the security of the area in the facility in which the

 7  compounding, storing, and dispensing of medicinal drugs to

 8  persons in this state occurs. The permittee shall notify the

 9  department within 30 days of any change of the licensed

10  pharmacist responsible for such duties. Every permittee that

11  employs or otherwise utilizes registered pharmacy technicians

12  shall have a written policy and procedures manual specifying

13  those duties, tasks, and functions which a registered pharmacy

14  technician is allowed to perform.

15         Section 5.  This act shall take effect July 1, 2006.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Requires a pharmacy technician to be registered with the
      Board of Pharmacy. Providing requirements for
20    registration. Prohibits a pharmacist whose license has
      been suspended, denied, or restricted for disciplinary
21    purposes from registering as a pharmacy technician.
      Authorizes a pharmacy technician student to be trained in
22    a pharmacy under certain conditions. Authorizes a
      volunteer to perform functions as a pharmacy technician
23    under certain conditions. Provides that a pharmacy intern
      may be employed as a pharmacy technician without being
24    registered as a pharmacy technician under certain
      conditions. Provides grounds for denial of registration
25    as a pharmacy technician.

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