Senate Bill sb1838c1

    Florida Senate - 2006                           CS for SB 1838

    By the Committee on Health Care; and Senator Haridopolos





    587-1908-06

  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.

12  

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

14  

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:

31  

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 1838
    587-1908-06




 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)  The owner of the common database maintains a

29  policy and procedures manual that governs the participating

30  pharmacies and pharmacists, which shall be made available to

31  

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 1838
    587-1908-06




 1  the board upon request. The manual shall include the following

 2  information:

 3         (a)  A best-practices model detailing how each pharmacy

 4  and pharmacist accessing the common database will comply with

 5  applicable federal and state laws, rules, and regulations;

 6         (b)  The procedure for maintaining appropriate records

 7  for regulatory oversight for tracking the prescription during

 8  each stage of the filling and dispensing process, identifying

 9  the pharmacists involved in filling and dispensing the

10  prescription and counseling the patient, and responding to

11  requests for information made by the board pursuant to s.

12  465.0156;

13         (c)  The policy and procedures to provide adequate

14  security to protect the confidentiality and integrity of

15  patient information; and

16         (d)  A quality assurance program designed to

17  objectively and systematically monitor, evaluate, and improve

18  the quality and appropriateness of patient care through the

19  use of the common database.

20         Section 3.  This act shall take effect July 1, 2006.

21  

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                         Senate Bill 1838

24                                 

25  The committee substitute revises conditions that must be met
    for a pharmacy to dispense or fill a prescription without
26  transferring the prescription. The committee substitute
    requires the owner of a common database to maintain a policy
27  and procedures manual with specified elements that governs
    participating pharmacies and pharmacists.
28  

29  

30  

31  

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CODING: Words stricken are deletions; words underlined are additions.