Senate Bill sb1340c1
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Florida Senate - 2006 CS for SB 1340
By the Committee on Health Care; and Senator Jones
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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; requiring an
7 applicant for registration as a pharmacy
8 technician to submit fingerprints; requiring
9 that a criminal background check be conducted
10 for each applicant; providing qualification
11 requirements; providing a limitation; exempting
12 pharmacy technician students and licensed
13 pharmacy interns from certain registration
14 requirements; providing continuing education
15 requirements for registration renewal;
16 requiring the board to adopt rules; providing
17 grounds for denial, suspension, or revocation
18 of registration or other disciplinary action;
19 authorizing the board to impose certain
20 penalties; amending s. 465.015, F.S.;
21 prohibiting a person who is not registered as a
22 pharmacy technician from performing certain
23 functions or holding himself or herself out to
24 others as a pharmacy technician; amending ss.
25 465.019, 465.0196, and 465.0197, F.S.;
26 conforming references; providing an effective
27 date.
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29 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Section 465.014, Florida Statutes, is
2 amended to read:
3 465.014 Pharmacy technician.--
4 (1) A No person other than a licensed pharmacist or
5 pharmacy intern may not engage in the practice of the
6 profession of pharmacy, except that a licensed pharmacist may
7 delegate to nonlicensed pharmacy technicians registered
8 pursuant to this section those duties, tasks, and functions
9 which do not fall within the purview of s. 465.003(13). All
10 such delegated acts shall be performed under the direct
11 supervision of a licensed pharmacist who shall be responsible
12 for all such acts performed by persons under his or her
13 supervision. A registered pharmacy technician, under the
14 supervision of a pharmacist, may initiate or receive
15 communications with a practitioner or his or her agent, on
16 behalf of a patient, regarding refill authorization requests.
17 A No licensed pharmacist may not shall supervise more than one
18 registered pharmacy technician unless otherwise permitted by
19 the guidelines adopted by the board. The board shall establish
20 guidelines to be followed by licensees or permittees in
21 determining the circumstances under which a licensed
22 pharmacist may supervise more than one but not more than three
23 registered pharmacy technicians.
24 (2) Any person who wishes to work as a pharmacy
25 technician in this state must register by filing an
26 application with the board on a form adopted by rule of the
27 board, together with a set of fingerprints, on a form and
28 under procedures specified by the board and a payment in an
29 amount equal to the costs incurred by the board for the
30 criminal background check of the applicant. The board shall
31 submit the fingerprints provided by an applicant for initial
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Florida Senate - 2006 CS for SB 1340
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1 registration to the Department of Law Enforcement for a
2 statewide criminal history check, and the Department of Law
3 Enforcement shall forward the fingerprints to the Federal
4 Bureau of Investigation for a national criminal history check
5 of the applicant. For any subsequent renewal of the
6 applicant's registration, the board shall submit the required
7 information for a statewide criminal history check of the
8 applicant to the Department of Law Enforcement. The board
9 shall register each applicant who has remitted a registration
10 fee set by the board, not to exceed $50 biennially; has
11 completed the application form and remitted a nonrefundable
12 application fee set by the board, not to exceed $50; has
13 submitted a set of fingerprints as provided in this
14 subsection; and meets the following requirements:
15 (a) Is at least 16 years of age.
16 (b) Within the 5 years preceding application, has not
17 been convicted of or pled guilty or nolo contendere to,
18 regardless of adjudication, any crime that relates to drug
19 trafficking or that otherwise directly relates to the
20 functions and duties of a pharmacy technician.
21 (3) A person whose license to practice pharmacy has
22 been denied, suspended, or restricted for disciplinary
23 purposes is not eligible to be registered as a pharmacy
24 technician.
25 (4) Notwithstanding the requirements of this section
26 or any other provision of law, a pharmacy technician student
27 may be placed in a pharmacy for the purpose of obtaining
28 practical training required by the body accrediting the
29 pharmacy technician training program. A pharmacy technician
30 student shall wear identification that indicates his or her
31 student status when performing the functions of a pharmacy
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Florida Senate - 2006 CS for SB 1340
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1 technician, and registration under this section is not
2 required.
3 (5) Notwithstanding the requirements of this section
4 or any other provision of law, a person licensed by the state
5 as a pharmacy intern may be employed as a registered pharmacy
6 technician without paying a registration fee or filing an
7 application with the board to register as a pharmacy
8 technician.
9 (6) As a condition of registration renewal, a pharmacy
10 technician shall complete 20 hours biennially of continuing
11 education courses approved by the board or the Accreditation
12 Council for Pharmaceutical Education, of which 4 hours must be
13 via live presentation and 2 hours must be related to the
14 prevention of medication errors and pharmacy law.
15 (7) The board shall adopt rules that require each
16 registration issued by the board under this section to be
17 displayed in such a manner as to make it available to the
18 public and to facilitate inspection by the department and such
19 other rules as necessary to administer the provisions of this
20 section.
21 (8) If the board finds that an applicant for
22 registration as a pharmacy technician or that a registered
23 pharmacy technician has committed an act that constitutes
24 grounds for discipline as set forth in s. 456.072(1) or has
25 committed an act that constitutes grounds for denial of a
26 license or disciplinary action as set forth in this chapter,
27 including an act that constitutes a substantial violation of
28 s. 456.072(1) or a violation of this chapter which occurred
29 before the applicant or registrant was registered as a
30 pharmacy technician, the board may enter an order imposing any
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1 of the penalties specified in s. 456.072(2) against the
2 applicant or registrant.
3 Section 2. Paragraph (d) is added to subsection (3) of
4 section 465.015, Florida Statutes, to read:
5 465.015 Violations and penalties.--
6 (3)
7 (d) It is unlawful for a person who is not registered
8 as a pharmacy technician under this chapter, or who is not
9 otherwise exempt from the requirement to register as a
10 pharmacy technician, to perform the functions of a registered
11 pharmacy technician or hold himself or herself out to others
12 as a person who is registered to perform the functions of a
13 registered pharmacy technician in this state.
14 Section 3. Subsection (5) of section 465.019, Florida
15 Statutes, is amended to read:
16 465.019 Institutional pharmacies; permits.--
17 (5) All institutional pharmacies shall be under the
18 professional supervision of a consultant pharmacist, and the
19 compounding and dispensing of medicinal drugs shall be done
20 only by a licensed pharmacist. Every institutional pharmacy
21 that employs or otherwise utilizes registered pharmacy
22 technicians shall have a written policy and procedures manual
23 specifying those duties, tasks, and functions which a pharmacy
24 technician is allowed to perform.
25 Section 4. Section 465.0196, Florida Statutes, is
26 amended to read:
27 465.0196 Special pharmacy permits.--Any person
28 desiring a permit to operate a special pharmacy shall apply to
29 the department for a special pharmacy permit. If the board
30 certifies that the application complies with the applicable
31 laws and rules of the board governing the practice of the
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1 profession of pharmacy, the department shall issue the permit.
2 No permit shall be issued unless a licensed pharmacist is
3 designated to undertake the professional supervision of the
4 compounding and dispensing of all drugs dispensed by the
5 pharmacy. The licensed pharmacist shall be responsible for
6 maintaining all drug records and for providing for the
7 security of the area in the facility in which the compounding,
8 storing, and dispensing of medicinal drugs occurs. The
9 permittee shall notify the department within 10 days of any
10 change of the licensed pharmacist responsible for such duties.
11 Every permittee that employs or otherwise utilizes pharmacy
12 technicians shall have a written policy and procedures manual
13 specifying those duties, tasks, and functions which a
14 registered pharmacy technician is allowed to perform.
15 Section 5. Subsection (1) of section 465.0197, Florida
16 Statutes, is amended to read:
17 465.0197 Internet pharmacy permits.--
18 (1) Any person desiring a permit to operate an
19 Internet pharmacy shall apply to the department for an
20 Internet pharmacy permit. If the board certifies that the
21 application complies with the applicable laws and rules of the
22 board governing the practice of the profession of pharmacy,
23 the department shall issue the permit. No permit shall be
24 issued unless a licensed pharmacist is designated as the
25 prescription department manager for dispensing medicinal drugs
26 to persons in this state. The licensed pharmacist shall be
27 responsible for maintaining all drug records and for providing
28 for the security of the area in the facility in which the
29 compounding, storing, and dispensing of medicinal drugs to
30 persons in this state occurs. The permittee shall notify the
31 department within 30 days of any change of the licensed
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Florida Senate - 2006 CS for SB 1340
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1 pharmacist responsible for such duties. Every permittee that
2 employs or otherwise utilizes registered pharmacy technicians
3 shall have a written policy and procedures manual specifying
4 those duties, tasks, and functions which a registered pharmacy
5 technician is allowed to perform.
6 Section 6. This act shall take effect October 1, 2007.
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8 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
9 Senate Bill 1340
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11 The Committee Substitute revises requirements for pharmacy
technicians to register with the Board of Pharmacy. The
12 Committee Substitute:
13 -- requires a federal and statewide criminal history check
of registered pharmacy technicians upon initial
14 application and for subsequent renewal of registration
requires only a statewide criminal history check;
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-- eliminates the exemption from the pharmacy technician
16 registration requirements for unpaid volunteers;
17 -- provides a penalty for a pharmacist or a pharmacy that
allows a person to work as a pharmacy technician who has
18 not complied with the registration requirements; and,
19 -- provides a criminal penalty for the failure to comply
with the registration requirements for pharmacy
20 technicians.
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