HB 0903CS

CHAMBER ACTION




1The Health Care Appropriations Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to pharmacy common databases; amending s.
8465.026, F.S.; deleting a provision authorizing certain
9community pharmacies to transfer prescriptions for
10Schedule II medicinal drugs under certain conditions;
11creating s. 465.0266, F.S.; authorizing the dispensing or
12refilling of a prescription without a transferred
13prescription under specified conditions; providing
14requirements for a policy and procedures manual that
15governs pharmacies and pharmacists participating in a
16pharmacy common database; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Subsection (7) of section 465.026, Florida
21Statutes, is amended to read:
22     465.026  Filling of certain prescriptions.--Nothing
23contained in this chapter shall be construed to prohibit a
24pharmacist licensed in this state from filling or refilling a
25valid prescription which is on file in a pharmacy located in
26this state or in another state and has been transferred from one
27pharmacy to another by any means, including any electronic
28means, under the following conditions:
29     (7)  A community pharmacy licensed under this chapter which
30only receives and transfers prescriptions for dispensing by
31another pharmacy may transfer a prescription for a medicinal
32drug listed in Schedule II under chapter 893. The pharmacy
33receiving the prescription may ship, mail, or deliver into this
34state, in any manner, the dispensed Schedule II medicinal drug
35under the following conditions:
36     (a)  The pharmacy receiving and dispensing the transferred
37prescription maintains at all times a valid, unexpired license,
38permit, or registration to operate the pharmacy in compliance
39with the laws of the state in which the pharmacy is located and
40from which the medicinal drugs are dispensed;
41     (b)  The community pharmacy and the receiving pharmacy are
42owned and operated by the same person and share a centralized
43database; and
44     (c)  The community pharmacy assures its compliance with the
45federal laws and subsections (1)-(5).
46     Section 2.  Section 465.0266, Florida Statues, is created
47to read:
48     465.0266  Common database.--The dispensing or refilling of
49a prescription on file in a pharmacy located in this state or in
50another state by a pharmacist licensed in this state or in
51another state shall not require the transfer of the prescription
52if all of the following conditions are present:
53     (1)  The participating pharmacies have the same owner and
54share a common database.
55     (2)  The prescription information is maintained within the
56common database.
57     (3)  The common database maintains a record of all persons
58involved, in any manner, in the dispensing or refilling of the
59prescription.
60     (4)  All participating pharmacies are properly licensed by
61their state of residence.
62     (5)  The owner of the common database maintains a policy
63and procedures manual that governs its participating pharmacies
64and pharmacists and that is available to the board or its agent
65upon request. The policy and procedures manual shall include the
66following information:
67     (a)  A best practices model detailing how each pharmacy and
68each pharmacist accessing the common database will comply with
69applicable federal and state laws, rules, and regulations.
70     (b)  The procedure for maintaining appropriate records for
71regulatory oversight for tracking a prescription during each
72stage of the filling and dispensing process, identifying the
73pharmacists involved in filling and dispensing the prescription
74and counseling the patient, and responding to any requests for
75information made by the board under s. 465.0156.
76     (c)  The policy and procedure for providing adequate
77security to protect the confidentiality and integrity of patient
78information.
79     (d)  A quality assurance program designed to objectively
80and systematically monitor, evaluate, and improve the quality
81and appropriateness of patient care through the use of the
82common database.
83     Section 3.  This act shall take effect July 1, 2006.


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