| 1 | The Health Care Appropriations Committee recommends the |
| 2 | following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to pharmacy common databases; amending s. |
| 8 | 465.026, F.S.; deleting a provision authorizing certain |
| 9 | community pharmacies to transfer prescriptions for |
| 10 | Schedule II medicinal drugs under certain conditions; |
| 11 | creating s. 465.0266, F.S.; authorizing the dispensing or |
| 12 | refilling of a prescription without a transferred |
| 13 | prescription under specified conditions; providing |
| 14 | requirements for a policy and procedures manual that |
| 15 | governs pharmacies and pharmacists participating in a |
| 16 | pharmacy common database; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Subsection (7) of section 465.026, Florida |
| 21 | Statutes, is amended to read: |
| 22 | 465.026 Filling of certain prescriptions.--Nothing |
| 23 | contained in this chapter shall be construed to prohibit a |
| 24 | pharmacist licensed in this state from filling or refilling a |
| 25 | valid prescription which is on file in a pharmacy located in |
| 26 | this state or in another state and has been transferred from one |
| 27 | pharmacy to another by any means, including any electronic |
| 28 | means, under the following conditions: |
| 29 | (7) A community pharmacy licensed under this chapter which |
| 30 | only receives and transfers prescriptions for dispensing by |
| 31 | another pharmacy may transfer a prescription for a medicinal |
| 32 | drug listed in Schedule II under chapter 893. The pharmacy |
| 33 | receiving the prescription may ship, mail, or deliver into this |
| 34 | state, in any manner, the dispensed Schedule II medicinal drug |
| 35 | under the following conditions: |
| 36 | (a) The pharmacy receiving and dispensing the transferred |
| 37 | prescription maintains at all times a valid, unexpired license, |
| 38 | permit, or registration to operate the pharmacy in compliance |
| 39 | with the laws of the state in which the pharmacy is located and |
| 40 | from which the medicinal drugs are dispensed; |
| 41 | (b) The community pharmacy and the receiving pharmacy are |
| 42 | owned and operated by the same person and share a centralized |
| 43 | database; and |
| 44 | (c) The community pharmacy assures its compliance with the |
| 45 | federal laws and subsections (1)-(5). |
| 46 | Section 2. Section 465.0266, Florida Statues, is created |
| 47 | to read: |
| 48 | 465.0266 Common database.--The dispensing or refilling of |
| 49 | a prescription on file in a pharmacy located in this state or in |
| 50 | another state by a pharmacist licensed in this state or in |
| 51 | another state shall not require the transfer of the prescription |
| 52 | if all of the following conditions are present: |
| 53 | (1) The participating pharmacies have the same owner and |
| 54 | share a common database. |
| 55 | (2) The prescription information is maintained within the |
| 56 | common database. |
| 57 | (3) The common database maintains a record of all persons |
| 58 | involved, in any manner, in the dispensing or refilling of the |
| 59 | prescription. |
| 60 | (4) All participating pharmacies are properly licensed by |
| 61 | their state of residence. |
| 62 | (5) The owner of the common database maintains a policy |
| 63 | and procedures manual that governs its participating pharmacies |
| 64 | and pharmacists and that is available to the board or its agent |
| 65 | upon request. The policy and procedures manual shall include the |
| 66 | following information: |
| 67 | (a) A best practices model detailing how each pharmacy and |
| 68 | each pharmacist accessing the common database will comply with |
| 69 | applicable federal and state laws, rules, and regulations. |
| 70 | (b) The procedure for maintaining appropriate records for |
| 71 | regulatory oversight for tracking a prescription during each |
| 72 | stage of the filling and dispensing process, identifying the |
| 73 | pharmacists involved in filling and dispensing the prescription |
| 74 | and counseling the patient, and responding to any requests for |
| 75 | information made by the board under s. 465.0156. |
| 76 | (c) The policy and procedure for providing adequate |
| 77 | security to protect the confidentiality and integrity of patient |
| 78 | information. |
| 79 | (d) A quality assurance program designed to objectively |
| 80 | and systematically monitor, evaluate, and improve the quality |
| 81 | and appropriateness of patient care through the use of the |
| 82 | common database. |
| 83 | Section 3. This act shall take effect July 1, 2006. |