Senate Bill sb2100c1
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Florida Senate - 2007 CS for SB 2100
By the Committee on Health Regulation; and Senator Peaden
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1 A bill to be entitled
2 An act relating to pharmacy technicians;
3 amending s. 465.014, F.S.; providing for the
4 registration of pharmacy technicians; requiring
5 the Board of Pharmacy to set fees and rules to
6 register pharmacy technicians; providing
7 qualification requirements; providing a
8 limitation; exempting pharmacy technician
9 students and licensed pharmacy interns from
10 certain registration requirements; providing
11 continuing education requirements for
12 registration renewal; requiring the board to
13 adopt rules; providing grounds for denial,
14 suspension, or revocation of registration or
15 other disciplinary action; authorizing the
16 board to impose certain penalties; requiring
17 the board to adopt rules requiring a pharmacy
18 to notify the board when employing technicians;
19 requiring the board to maintain a directory of
20 technicians and publish the directory on the
21 Internet; amending s. 465.015, F.S.;
22 prohibiting a person who is not registered as a
23 pharmacy technician from performing certain
24 functions or holding himself or herself out to
25 others as a pharmacy technician; amending ss.
26 465.019, 465.0196, and 465.0197, F.S.;
27 conforming references; providing an effective
28 date.
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30 Be It Enacted by the Legislature of the State of Florida:
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Florida Senate - 2007 CS for SB 2100
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1 Section 1. Section 465.014, Florida Statutes, is
2 amended to read:
3 465.014 Pharmacy technician.--
4 (1) A No person other than a licensed pharmacist or
5 pharmacy intern may not engage in the practice of the
6 profession of pharmacy, except that a licensed pharmacist may
7 delegate to nonlicensed pharmacy technicians registered
8 pursuant to this section those duties, tasks, and functions
9 which do not fall within the purview of s. 465.003(13). All
10 such delegated acts shall be performed under the direct
11 supervision of a licensed pharmacist who shall be responsible
12 for all such acts performed by persons under his or her
13 supervision. A registered pharmacy technician, under the
14 supervision of a pharmacist, may initiate or receive
15 communications with a practitioner or his or her agent, on
16 behalf of a patient, regarding refill authorization requests.
17 A No licensed pharmacist may not shall supervise more than one
18 registered pharmacy technician unless otherwise permitted by
19 the guidelines adopted by the board. The board shall establish
20 guidelines to be followed by licensees or permittees in
21 determining the circumstances under which a licensed
22 pharmacist may supervise up to four registered more than one
23 but not more than three pharmacy technicians.
24 (2) Any person who wishes to work as a pharmacy
25 technician in this state must register by filing an
26 application with the board on a form adopted by rule of the
27 board. The board shall register each applicant who has
28 remitted a registration fee set by the board, not to exceed
29 $50 biennially; has completed the application form and
30 remitted a nonrefundable application fee set by the board, not
31 to exceed $50; and is at least 16 years of age.
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Florida Senate - 2007 CS for SB 2100
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1 (3) A person whose license to practice pharmacy has
2 been denied, suspended, or restricted for disciplinary
3 purposes is not eligible to be registered as a pharmacy
4 technician.
5 (4) Notwithstanding the requirements of this section
6 or any other provision of law, a pharmacy technician student
7 may be placed in a pharmacy for the purpose of obtaining
8 practical training required by the body accrediting the
9 pharmacy technician training program. A pharmacy technician
10 student shall wear identification that indicates his or her
11 student status when performing the functions of a pharmacy
12 technician, and registration under this section is not
13 required.
14 (5) Notwithstanding the requirements of this section
15 or any other provision of law, a person licensed by the state
16 as a pharmacy intern may be employed as a registered pharmacy
17 technician without paying a registration fee or filing an
18 application with the board to register as a pharmacy
19 technician.
20 (6) As a condition of registration renewal, a pharmacy
21 technician shall complete 20 hours biennially of continuing
22 education courses approved by the board or the Accreditation
23 Council for Pharmaceutical Education, of which 4 hours must be
24 via live presentation and 2 hours must be related to the
25 prevention of medication errors and pharmacy law.
26 (7) The board shall adopt rules that require each
27 registration issued by the board under this section to be
28 displayed in such a manner as to make it available to the
29 public and to facilitate inspection by the department and such
30 other rules as necessary to administer the provisions of this
31 section.
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Florida Senate - 2007 CS for SB 2100
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1 (8) If the board finds that an applicant for
2 registration as a pharmacy technician or that a registered
3 pharmacy technician has committed an act that constitutes
4 grounds for discipline as set forth in s. 456.072(1) or has
5 committed an act that constitutes grounds for denial of a
6 license or disciplinary action as set forth in this chapter,
7 including an act that constitutes a substantial violation of
8 s. 456.072(1) or a violation of this chapter which occurred
9 before the applicant or registrant was registered as a
10 pharmacy technician, the board may enter an order imposing any
11 of the penalties specified in s. 456.072(2) against the
12 applicant or registrant.
13 (9) The board shall adopt rules requiring and
14 specifying the manner in which a pharmacy shall notify the
15 board when a registered technician is employed or ceases
16 employment with the pharmacy.
17 (10) The board shall maintain a current directory of
18 registered pharmacy technicians indicating their place of
19 employment and which must be published on the Internet.
20 Section 2. Paragraph (d) is added to subsection (3) of
21 section 465.015, Florida Statutes, to read:
22 465.015 Violations and penalties.--
23 (3)
24 (d) It is unlawful for a person who is not registered
25 as a pharmacy technician under this chapter, or who is not
26 otherwise exempt from the requirement to register as a
27 pharmacy technician, to perform the functions of a registered
28 pharmacy technician or hold himself or herself out to others
29 as a person who is registered to perform the functions of a
30 registered pharmacy technician in this state.
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1 Section 3. Subsection (5) of section 465.019, Florida
2 Statutes, is amended to read:
3 465.019 Institutional pharmacies; permits.--
4 (5) All institutional pharmacies shall be under the
5 professional supervision of a consultant pharmacist, and the
6 compounding and dispensing of medicinal drugs shall be done
7 only by a licensed pharmacist. Every institutional pharmacy
8 that employs or otherwise utilizes registered pharmacy
9 technicians shall have a written policy and procedures manual
10 specifying those duties, tasks, and functions which a pharmacy
11 technician is allowed to perform.
12 Section 4. Section 465.0196, Florida Statutes, is
13 amended to read:
14 465.0196 Special pharmacy permits.--Any person
15 desiring a permit to operate a special pharmacy shall apply to
16 the department for a special pharmacy permit. If the board
17 certifies that the application complies with the applicable
18 laws and rules of the board governing the practice of the
19 profession of pharmacy, the department shall issue the permit.
20 No permit shall be issued unless a licensed pharmacist is
21 designated to undertake the professional supervision of the
22 compounding and dispensing of all drugs dispensed by the
23 pharmacy. The licensed pharmacist shall be responsible for
24 maintaining all drug records and for providing for the
25 security of the area in the facility in which the compounding,
26 storing, and dispensing of medicinal drugs occurs. The
27 permittee shall notify the department within 10 days of any
28 change of the licensed pharmacist responsible for such duties.
29 Every permittee that employs or otherwise utilizes pharmacy
30 technicians shall have a written policy and procedures manual
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1 specifying those duties, tasks, and functions which a
2 registered pharmacy technician is allowed to perform.
3 Section 5. Subsection (1) of section 465.0197, Florida
4 Statutes, is amended to read:
5 465.0197 Internet pharmacy permits.--
6 (1) Any person desiring a permit to operate an
7 Internet pharmacy shall apply to the department for an
8 Internet pharmacy permit. If the board certifies that the
9 application complies with the applicable laws and rules of the
10 board governing the practice of the profession of pharmacy,
11 the department shall issue the permit. No permit shall be
12 issued unless a licensed pharmacist is designated as the
13 prescription department manager for dispensing medicinal drugs
14 to persons in this state. The licensed pharmacist shall be
15 responsible for maintaining all drug records and for providing
16 for the security of the area in the facility in which the
17 compounding, storing, and dispensing of medicinal drugs to
18 persons in this state occurs. The permittee shall notify the
19 department within 30 days of any change of the licensed
20 pharmacist responsible for such duties. Every permittee that
21 employs or otherwise utilizes registered pharmacy technicians
22 shall have a written policy and procedures manual specifying
23 those duties, tasks, and functions which a registered pharmacy
24 technician is allowed to perform.
25 Section 6. This act shall take effect January 1, 2009.
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Florida Senate - 2007 CS for SB 2100
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2100
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4 The committee substitute revises the number of pharmacy
technicians who may be supervised by a licensed pharmacist to
5 allow a pharmacist to supervise up to four pharmacy
technicians under board-approved guidelines. The committee
6 substitute revises requirements for pharmacy technicians to
register with the Board of Pharmacy to no longer require such
7 applicants to submit fingerprints and undergo background
screening.
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The committee substitute requires the Board of Pharmacy to
9 adopt rules to require and specify the manner in which a
pharmacy must notify the board when a registered technician is
10 employed or ceases employment and requires the Board of
Pharmacy to maintain a current directory of registered
11 pharmacy technicians which must be published on the Internet.
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