Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 2100
Barcode 483374
CHAMBER ACTION
Senate House
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04/13/2007 02:38 PM .
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11 The Committee on Health and Human Services Appropriations
12 (Peaden) recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Effective January 1, 2009, section 465.014,
19 Florida Statutes, is amended to read:
20 465.014 Pharmacy technician.--
21 (1) A No person other than a licensed pharmacist or
22 pharmacy intern may not engage in the practice of the
23 profession of pharmacy, except that a licensed pharmacist may
24 delegate to nonlicensed pharmacy technicians registered
25 pursuant to this section those duties, tasks, and functions
26 which do not fall within the purview of s. 465.003(13). All
27 such delegated acts shall be performed under the direct
28 supervision of a licensed pharmacist who shall be responsible
29 for all such acts performed by persons under his or her
30 supervision. A registered pharmacy technician, under the
31 supervision of a pharmacist, may initiate or receive
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 2100
Barcode 483374
1 communications with a practitioner or his or her agent, on
2 behalf of a patient, regarding refill authorization requests.
3 A No licensed pharmacist may not shall supervise more than one
4 registered pharmacy technician unless otherwise permitted by
5 the guidelines adopted by the board. The board shall establish
6 guidelines to be followed by licensees or permittees in
7 determining the circumstances under which a licensed
8 pharmacist may supervise up to four registered more than one
9 but not more than three pharmacy technicians.
10 (2) Any person who wishes to work as a pharmacy
11 technician in this state must register by filing an
12 application with the board on a form adopted by rule of the
13 board. The board shall register each applicant who has
14 remitted a registration fee set by the board, not to exceed
15 $50 biennially; has completed the application form and
16 remitted a nonrefundable application fee set by the board, not
17 to exceed $50; and is at least 16 years of age.
18 (3) A person whose license to practice pharmacy has
19 been denied, suspended, or restricted for disciplinary
20 purposes is not eligible to be registered as a pharmacy
21 technician.
22 (4) Notwithstanding the requirements of this section
23 or any other provision of law, a pharmacy technician student
24 may be placed in a pharmacy for the purpose of obtaining
25 practical training required by the body accrediting the
26 pharmacy technician training program. A pharmacy technician
27 student shall wear identification that indicates his or her
28 student status when performing the functions of a pharmacy
29 technician, and registration under this section is not
30 required.
31 (5) Notwithstanding the requirements of this section
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 2100
Barcode 483374
1 or any other provision of law, a person licensed by the state
2 as a pharmacy intern may be employed as a registered pharmacy
3 technician without paying a registration fee or filing an
4 application with the board to register as a pharmacy
5 technician.
6 (6) As a condition of registration renewal, a pharmacy
7 technician shall complete 20 hours biennially of continuing
8 education courses approved by the board or the Accreditation
9 Council for Pharmaceutical Education, of which 4 hours must be
10 via live presentation and 2 hours must be related to the
11 prevention of medication errors and pharmacy law.
12 (7) The board shall adopt rules that require each
13 registration issued by the board under this section to be
14 displayed in such a manner as to make it available to the
15 public and to facilitate inspection by the department and such
16 other rules as necessary to administer the provisions of this
17 section.
18 (8) If the board finds that an applicant for
19 registration as a pharmacy technician or that a registered
20 pharmacy technician has committed an act that constitutes
21 grounds for discipline as set forth in s. 456.072(1) or has
22 committed an act that constitutes grounds for denial of a
23 license or disciplinary action as set forth in this chapter,
24 including an act that constitutes a substantial violation of
25 s. 456.072(1) or a violation of this chapter which occurred
26 before the applicant or registrant was registered as a
27 pharmacy technician, the board may enter an order imposing any
28 of the penalties specified in s. 456.072(2) against the
29 applicant or registrant.
30 (9) The board shall adopt rules requiring and
31 specifying the manner in which a pharmacy shall notify the
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 2100
Barcode 483374
1 board when a registered technician is employed or ceases
2 employment with the pharmacy.
3 (10) The board shall maintain a current directory of
4 registered pharmacy technicians indicating their place of
5 employment and which must be published on the Internet.
6 Section 2. Effective January 1, 2009, paragraph (d) is
7 added to subsection (3) of section 465.015, Florida Statutes,
8 to read:
9 465.015 Violations and penalties.--
10 (3)
11 (d) It is unlawful for a person who is not registered
12 as a pharmacy technician under this chapter, or who is not
13 otherwise exempt from the requirement to register as a
14 pharmacy technician, to perform the functions of a registered
15 pharmacy technician or hold himself or herself out to others
16 as a person who is registered to perform the functions of a
17 registered pharmacy technician in this state.
18 Section 3. Effective January 1, 2009, subsection (5)
19 of section 465.019, Florida Statutes, is amended to read:
20 465.019 Institutional pharmacies; permits.--
21 (5) All institutional pharmacies shall be under the
22 professional supervision of a consultant pharmacist, and the
23 compounding and dispensing of medicinal drugs shall be done
24 only by a licensed pharmacist. Every institutional pharmacy
25 that employs or otherwise utilizes registered pharmacy
26 technicians shall have a written policy and procedures manual
27 specifying those duties, tasks, and functions which a pharmacy
28 technician is allowed to perform.
29 Section 4. Effective January 1, 2009, section
30 465.0196, Florida Statutes, is amended to read:
31 465.0196 Special pharmacy permits.--Any person
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 2100
Barcode 483374
1 desiring a permit to operate a special pharmacy shall apply to
2 the department for a special pharmacy permit. If the board
3 certifies that the application complies with the applicable
4 laws and rules of the board governing the practice of the
5 profession of pharmacy, the department shall issue the permit.
6 No permit shall be issued unless a licensed pharmacist is
7 designated to undertake the professional supervision of the
8 compounding and dispensing of all drugs dispensed by the
9 pharmacy. The licensed pharmacist shall be responsible for
10 maintaining all drug records and for providing for the
11 security of the area in the facility in which the compounding,
12 storing, and dispensing of medicinal drugs occurs. The
13 permittee shall notify the department within 10 days of any
14 change of the licensed pharmacist responsible for such duties.
15 Every permittee that employs or otherwise utilizes pharmacy
16 technicians shall have a written policy and procedures manual
17 specifying those duties, tasks, and functions which a
18 registered pharmacy technician is allowed to perform.
19 Section 5. Effective January 1, 2009, subsection (1)
20 of section 465.0197, Florida Statutes, is amended to read:
21 465.0197 Internet pharmacy permits.--
22 (1) Any person desiring a permit to operate an
23 Internet pharmacy shall apply to the department for an
24 Internet pharmacy permit. If the board certifies that the
25 application complies with the applicable laws and rules of the
26 board governing the practice of the profession of pharmacy,
27 the department shall issue the permit. No permit shall be
28 issued unless a licensed pharmacist is designated as the
29 prescription department manager for dispensing medicinal drugs
30 to persons in this state. The licensed pharmacist shall be
31 responsible for maintaining all drug records and for providing
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 2100
Barcode 483374
1 for the security of the area in the facility in which the
2 compounding, storing, and dispensing of medicinal drugs to
3 persons in this state occurs. The permittee shall notify the
4 department within 30 days of any change of the licensed
5 pharmacist responsible for such duties. Every permittee that
6 employs or otherwise utilizes registered pharmacy technicians
7 shall have a written policy and procedures manual specifying
8 those duties, tasks, and functions which a registered pharmacy
9 technician is allowed to perform.
10 Section 6. Section 465.0235, Florida Statutes, is
11 amended to read:
12 465.0235 Automated pharmacy systems used by long-term
13 care facilities, hospices, or state correctional institutions,
14 or pharmacies.--
15 (1) A pharmacy may provide pharmacy services through
16 the use of an automated pharmacy system located on its
17 premises and may provide pharmacy services to a long-term care
18 facility or hospice licensed under chapter 400 or chapter 429
19 or a state correctional institution operated under chapter 944
20 through the use of an automated pharmacy system that need not
21 be located at the same location as the pharmacy.
22 (2) Medicinal drugs stored in bulk or unit of use in
23 an automated pharmacy system servicing a long-term care
24 facility, hospice, or correctional institution, or pharmacy
25 are part of the inventory of the pharmacy providing pharmacy
26 services to that facility, hospice, or institution, or
27 pharmacy and drugs delivered by the automated pharmacy system
28 are considered to have been dispensed by that pharmacy and
29 certified by a pharmacist. Automated pharmacy systems shall
30 not dispense substances controlled in Schedule I of s. 893.03.
31 (3) The operation of an automated pharmacy system must
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 2100
Barcode 483374
1 be under the supervision of a Florida-licensed pharmacist. To
2 qualify as a supervisor for an automated pharmacy system, the
3 pharmacist need not be physically present at the site of the
4 automated pharmacy system and may supervise the system
5 electronically. The Florida-licensed pharmacist shall be
6 required to develop and implement policies and procedures
7 designed to verify that the medicinal drugs delivered by the
8 automated dispensing system are accurate and valid and that
9 the machine is properly restocked.
10 (4) The Legislature does not intend this section to
11 limit the current practice of pharmacy in this state. This
12 section is intended to allow automated pharmacy systems to
13 enhance the ability of a pharmacist to provide pharmacy
14 services in locations that may do not employ a full-time
15 pharmacist. This section does not limit or replace the use of
16 a consultant pharmacist.
17 (5) The board shall adopt rules governing the use of
18 an automated pharmacy system by January 1, 2008 2005, which
19 must specify:
20 (a) Recordkeeping requirements;
21 (b) Security requirements, including a photographic
22 record of the recipient if the drug is dispensed directly to
23 the recipient in a public location; and
24 (c) Labeling requirements that permit the use of
25 unit-dose medications if the facility, hospice, or
26 institution, or pharmacy maintains medication-administration
27 records that include directions for use of the medication and
28 the automated pharmacy system identifies:
29 1. The dispensing pharmacy;
30 2. The prescription number;
31 3. The name of the patient; and
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 2100
Barcode 483374
1 4. The name of the prescribing practitioner.
2 Section 7. Except as otherwise expressly provided in
3 this act, this act shall take effect upon becoming a law.
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6 ================ T I T L E A M E N D M E N T ===============
7 And the title is amended as follows:
8 Delete everything before the enacting clause
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10 and insert:
11 A bill to be entitled
12 An act relating to pharmacy technicians;
13 amending s. 465.014, F.S.; providing for the
14 registration of pharmacy technicians; requiring
15 the Board of Pharmacy to set fees and rules to
16 register pharmacy technicians; providing
17 qualification requirements; providing a
18 limitation; exempting pharmacy technician
19 students and licensed pharmacy interns from
20 certain registration requirements; providing
21 continuing education requirements for
22 registration renewal; requiring the board to
23 adopt rules; providing grounds for denial,
24 suspension, or revocation of registration or
25 other disciplinary action; authorizing the
26 board to impose certain penalties; requiring
27 the board to adopt rules requiring a pharmacy
28 to notify the board when employing technicians;
29 requiring the board to maintain a directory of
30 technicians and publish the directory on the
31 Internet; amending s. 465.015, F.S.;
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 2100
Barcode 483374
1 prohibiting a person who is not registered as a
2 pharmacy technician from performing certain
3 functions or holding himself or herself out to
4 others as a pharmacy technician; amending ss.
5 465.019, 465.0196, and 465.0197, F.S.;
6 conforming references; amending s. 465.0235,
7 F.S.; authorizing pharmacies to use an
8 automated pharmacy system located on its
9 premises; prohibiting automated pharmacy
10 systems from dispensing substances controlled
11 in Schedule I of ch. 893, F.S.; requiring the
12 Board of Pharmacy to adopt rules for the
13 security of an automated pharmacy system which
14 require a photographic record of the recipient
15 if the drug is dispensed directly to the
16 recipient in a public location; providing
17 effective dates.
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