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. |
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18 | Be It Enacted by the Legislature of the State of Florida: |
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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. |