HB 0903CS

CHAMBER ACTION




1The Health & Families Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to pharmacy common databases; amending s.
7465.026, F.S.; deleting a provision authorizing certain
8community pharmacies to transfer prescriptions for
9Schedule II medicinal drugs under certain conditions;
10creating s. 465.0266, F.S.; authorizing the dispensing of
11a prescription contained in a common database under
12specified conditions; providing requirements for a policy
13and procedures manual that governs pharmacies,
14pharmacists, and pharmacy employees participating in a
15pharmacy common database; providing for the rights and
16obligations of pharmacists dispensing prescriptions;
17providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Subsection (7) of section 465.026, Florida
22Statutes, is amended to read:
23     465.026  Filling of certain prescriptions.--Nothing
24contained in this chapter shall be construed to prohibit a
25pharmacist licensed in this state from filling or refilling a
26valid prescription which is on file in a pharmacy located in
27this state or in another state and has been transferred from one
28pharmacy to another by any means, including any electronic
29means, under the following conditions:
30     (7)  A community pharmacy licensed under this chapter which
31only receives and transfers prescriptions for dispensing by
32another pharmacy may transfer a prescription for a medicinal
33drug listed in Schedule II under chapter 893. The pharmacy
34receiving the prescription may ship, mail, or deliver into this
35state, in any manner, the dispensed Schedule II medicinal drug
36under the following conditions:
37     (a)  The pharmacy receiving and dispensing the transferred
38prescription maintains at all times a valid, unexpired license,
39permit, or registration to operate the pharmacy in compliance
40with the laws of the state in which the pharmacy is located and
41from which the medicinal drugs are dispensed;
42     (b)  The community pharmacy and the receiving pharmacy are
43owned and operated by the same person and share a centralized
44database; and
45     (c)  The community pharmacy assures its compliance with the
46federal laws and subsections (1)-(5).
47     Section 2.  Section 465.0266, Florida Statues, is created
48to read:
49     465.0266  Common database.--Nothing contained in this
50chapter shall be construed to prohibit the dispensing by a
51pharmacist licensed in this state or another state of a
52prescription contained in a common database, and such dispensing
53shall not constitute a transfer as defined in s. 465.026(1)?(6),
54provided that the following conditions are met:
55     (1)  All pharmacies involved in the transactions pursuant
56to which the prescription is dispensed are under common
57ownership and utilize a common database.
58     (2)  All pharmacies involved in the transactions pursuant
59to which the prescription is dispensed and all pharmacists
60engaging in dispensing functions are properly licensed,
61permitted, or registered in this state or another state.
62     (3)  The common database maintains a record of all
63pharmacists involved in the process of dispensing a
64prescription.
65     (4)  The owner of the common database maintains a policy
66and procedures manual that governs its participating pharmacies,
67pharmacists, and pharmacy employees and that is available to the
68board or its agent upon request. The policy and procedures
69manual shall include the following information:
70     (a)  A best practices model detailing how each pharmacy and
71each pharmacist accessing the common database will comply with
72applicable federal and state laws, rules, and regulations.
73     (b)  The procedure for maintaining appropriate records for
74regulatory oversight for tracking a prescription during each
75stage of the filling and dispensing process, identifying the
76pharmacists involved in filling and dispensing the prescription
77and counseling the patient, and responding to any requests for
78information made by the board under s. 465.0156.
79     (c)  The policy and procedure for providing adequate
80security to protect the confidentiality and integrity of patient
81information.
82     (d)  A quality assurance program designed to objectively
83and systematically monitor, evaluate, and improve the quality
84and appropriateness of patient care through the use of the
85common database.
86
87Any pharmacist dispensing a prescription has at all times the
88right and obligation to exercise his or her independent
89professional judgment. Notwithstanding other provisions in this
90section, no pharmacist licensed in this state participating in
91the dispensing of a prescription pursuant to this section shall
92be responsible for the acts and omissions of another person
93participating in the dispensing process provided such person is
94not under the direct supervision and control of the pharmacist
95licensed in this state.
96     Section 3.  This act shall take effect July 1, 2006.


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