Senate Bill sb1838
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1838
By Senator Haridopolos
26-1252-06 See HB
1 A bill to be entitled
2 An act relating to pharmacy common databases;
3 amending s. 465.026, F.S.; deleting a provision
4 authorizing certain community pharmacies to
5 transfer prescriptions for Schedule II
6 medicinal drugs under certain conditions;
7 creating s. 465.0266, F.S.; authorizing the
8 dispensing or refilling of a prescription
9 without a transferred prescription under
10 specified conditions; providing an effective
11 date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Subsection (7) of section 465.026, Florida
16 Statutes, is amended to read:
17 465.026 Filling of certain prescriptions.--Nothing
18 contained in this chapter shall be construed to prohibit a
19 pharmacist licensed in this state from filling or refilling a
20 valid prescription which is on file in a pharmacy located in
21 this state or in another state and has been transferred from
22 one pharmacy to another by any means, including any electronic
23 means, under the following conditions:
24 (7) A community pharmacy licensed under this chapter
25 which only receives and transfers prescriptions for dispensing
26 by another pharmacy may transfer a prescription for a
27 medicinal drug listed in Schedule II under chapter 893. The
28 pharmacy receiving the prescription may ship, mail, or deliver
29 into this state, in any manner, the dispensed Schedule II
30 medicinal drug under the following conditions:
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1838
26-1252-06 See HB
1 (a) The pharmacy receiving and dispensing the
2 transferred prescription maintains at all times a valid,
3 unexpired license, permit, or registration to operate the
4 pharmacy in compliance with the laws of the state in which the
5 pharmacy is located and from which the medicinal drugs are
6 dispensed;
7 (b) The community pharmacy and the receiving pharmacy
8 are owned and operated by the same person and share a
9 centralized database; and
10 (c) The community pharmacy assures its compliance with
11 the federal laws and subsections (1)-(5).
12 Section 2. Section 465.0266, Florida Statues, is
13 created to read:
14 465.0266 Common database.--The dispensing or refilling
15 of a prescription on file in a pharmacy located in this state
16 or in another state by a pharmacist licensed in this state or
17 in another state shall not require the transfer of the
18 prescription if all of the following conditions are present:
19 (1) The participating pharmacies have the same owner
20 and share a common database.
21 (2) The prescription information is maintained within
22 the common database.
23 (3) The common database maintains a record of all
24 persons involved, in any manner, in the dispensing or
25 refilling of the prescription.
26 (4) All participating pharmacies are properly licensed
27 by their state of residence.
28 (5) All participating pharmacies in another state are
29 properly registered or permitted as a nonresident or Internet
30 pharmacy in this state.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1838
26-1252-06 See HB
1 (6) All participating pharmacists are responsible for
2 the actual task performed in the dispensing or refilling of
3 the prescription.
4 Section 3. This act shall take effect July 1, 2006.
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CODING: Words stricken are deletions; words underlined are additions.