Senate Bill sb2552

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    Florida Senate - 2007                                  SB 2552

    By Senator Crist





    12-1612A-07                                             See HB

  1                      A bill to be entitled

  2         An act relating to compounded medicinal drugs;

  3         amending s. 465.003, F.S.; revising a

  4         definition; creating s. 465.055, F.S.;

  5         authorizing certain pharmacists to compound

  6         medicinal drugs to certain prescribers for the

  7         in-office use of the prescriber; authorizing a

  8         pharmacist to dispense such compounded

  9         medicinal drugs to a prescriber pursuant to

10         certain minimum standards; providing an

11         effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Subsection (6) of section 465.003, Florida

16  Statutes, is amended to read:

17         465.003  Definitions.--As used in this chapter, the

18  term:

19         (6)  "Dispense" means the transfer of possession of one

20  or more doses of a medicinal drug by a pharmacist to the

21  ultimate consumer or her or his agent. As an element of

22  dispensing, the pharmacist shall, prior to the actual physical

23  transfer, interpret and assess the prescription order for

24  potential adverse reactions, interactions, and dosage regimen

25  she or he deems appropriate in the exercise of her or his

26  professional judgment, and the pharmacist shall certify that

27  the medicinal drug called for by the prescription is ready for

28  transfer. The pharmacist shall also provide counseling on

29  proper drug usage, either orally or in writing, if in the

30  exercise of her or his professional judgment counseling is

31  necessary. The actual sales transaction and delivery of such

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    Florida Senate - 2007                                  SB 2552
    12-1612A-07                                             See HB




 1  drug shall not be considered dispensing. The administration

 2  shall not be considered dispensing. For purposes of compounded

 3  medicinal drugs only, the term "ultimate consumer or her or

 4  his agent" shall specifically include a licensed prescriber

 5  using such compounded medicinal drugs for in-office use

 6  pursuant to s. 465.055.

 7         Section 2.  Section 465.055, Florida Statutes, is

 8  created to read:

 9         465.055  Compounding for in-office use.--

10         (1)  Notwithstanding any other provision of law, a

11  pharmacist for a community pharmacy may compound a reasonable

12  amount of a medicinal drug and deliver such drug to a licensed

13  prescriber for such prescriber's administration or provision

14  of the compounded medicinal drug to a patient by the

15  prescriber or other health care practitioner working under the

16  supervision and authority of such prescriber, in the

17  prescriber's office or such other state-licensed health care

18  facility where the prescriber is authorized to prescribe and

19  administer drug therapies, including, but not limited to, a

20  hospital licensed under chapter_395, an ambulatory surgical

21  center licensed under part I of chapter 395, a hospice

22  licensed under part IV of chapter 400, or a pharmacy licensed

23  under this chapter.

24         (2)  A pharmacist may dispense a compounded medicinal

25  drug for in-office use to a licensed prescriber authorized to

26  prescribe, administer, or treat a patient with such compounded

27  medicinal drug pursuant to subsection (1) if:

28         (a)  The amount of the compounded medicinal drug

29  dispensed does not exceed the amount that either the

30  prescriber or the pharmacist reasonably anticipates, based

31  upon the exercise of  his or her professional judgment, may be

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    Florida Senate - 2007                                  SB 2552
    12-1612A-07                                             See HB




 1  used by the prescriber for in-office use prior to the

 2  expiration date of all such compounded medicinal drug;

 3         (b)  The amount of the compounded medicinal drug

 4  dispensed is reasonable based upon the prescriber's intended

 5  use of such compounded drug given the nature of such

 6  prescriber's intended practice and patient profiles;

 7         (c)  The amount of the compounded medicinal drug

 8  dispensed by the pharmacist is capable of compounding in

 9  compliance with the pharmaceutical standards for identity,

10  strength, quality, and purity of the compounded drug that are

11  consistent with the United States Pharmacopoeia guidelines and

12  accreditation practices; and

13         (d)  The compounded medicinal drug provided by the

14  pharmacist is medically necessary according to the prescriber

15  at the time of its use.

16         Section 3.  This act shall take effect July 1, 2007.

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