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A bill to be entitled

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An act relating to pharmacy technicians; amending s.

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465.014, F.S.; providing for the registration of pharmacy

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technicians; requiring that a registered pharmacy

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technician be under the direct supervision of a licensed

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pharmacist; requiring the Board of Pharmacy to set fees

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and rules for the registration of pharmacy technicians;

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providing qualification requirements; providing a

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limitation; exempting pharmacy technician students and

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licensed pharmacy interns from registration requirements;

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providing continuing education requirements for

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registration renewal; requiring the board to adopt rules;

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providing grounds for denial, suspension, or revocation of

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registration or other disciplinary action; authorizing the

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board to impose certain penalties; amending s. 465.015,

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F.S.; prohibiting a person who is not registered as a

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pharmacy technician from performing certain functions or

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holding himself or herself out to others as a registered

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pharmacy technician; amending ss. 465.019, 465.0196, and

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465.0197, F.S., relating to institutional pharmacies,

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special pharmacy permits, and Internet pharmacy permits;

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conforming references; providing an appropriation and

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authorizing additional positions; providing effective

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dates.

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

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     Section 1.  Effective January 1, 2010, section 465.014,

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Florida Statutes, is amended to read:

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     465.014  Pharmacy technician.--

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     (1) A No person other than a licensed pharmacist or

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pharmacy intern may not engage in the practice of the profession

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of pharmacy, except that a licensed pharmacist may delegate to

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nonlicensed pharmacy technicians who are registered pursuant to

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this section those duties, tasks, and functions that which do not

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fall within the purview of s. 465.003(13). All such delegated

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acts shall be performed under the direct supervision of a

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licensed pharmacist who shall be responsible for all such acts

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performed by persons under his or her supervision. A registered

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pharmacy technician, under the supervision of a pharmacist, may

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initiate or receive communications with a practitioner or his or

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her agent, on behalf of a patient, regarding refill authorization

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requests. A No licensed pharmacist may not shall supervise more

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than one registered pharmacy technician unless otherwise

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permitted by the guidelines adopted by the board. The board shall

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establish guidelines to be followed by licensees or permittees in

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determining the circumstances under which a licensed pharmacist

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may supervise up to three registered more than one but not more

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than three pharmacy technicians. When a pharmacist supervises

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three registered technicians under the guidelines of the board,

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at least one of the three must be certified by the Pharmacy

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Technician Certification Board or any other certification

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approved by the National Commission for Certifying Agencies.

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(2) Any person who wishes to work as a pharmacy technician

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in this state must register by filing an application with the

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board on a form adopted by rule of the board. The board shall

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register each applicant who has remitted a registration fee set

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by the board, not to exceed $50 biennially; has completed the

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application form and remitted a nonrefundable application fee set

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by the board, not to exceed $50; has earned a high school diploma

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or GED; and is at least 18 years of age.

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     (3) A person whose license to practice pharmacy has been

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denied, suspended, or restricted for disciplinary purposes is not

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eligible to register as a pharmacy technician.

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     (4) Notwithstanding the requirements of this section or

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any other provision of law, a pharmacy technician student who is

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enrolled in a pharmacy technician training program that is

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accredited by the American Society of Health-System Pharmacists,

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governed by the Department of Education, or approved by the board

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may be placed in a pharmacy for the purpose of obtaining

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practical training. A pharmacy technician student must wear

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identification that indicates his or her student status when

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performing the functions of a pharmacy technician, and

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registration under this section is not required.

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     (5) Notwithstanding the requirements of this section or

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any other provision of law, a person who is licensed by the state

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as a pharmacy intern may be employed as a registered pharmacy

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technician without paying a registration fee or filing an

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application with the board to register as a pharmacy technician.

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     (6) As a condition of registration renewal, a pharmacy

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technician must complete 20 hours biennially of continuing

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education courses approved by the board or the Accreditation

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Council for Pharmaceutical Education, of which 4 hours must be

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via live presentation and 2 hours must be related to the

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prevention of medication errors and pharmacy law.

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     (7) The board shall adopt rules that require each

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registration issued by the board under this section to be

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displayed in such a manner as to make it available to the public

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and to facilitate inspection by the department. The board may

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adopt other rules as necessary to administer this section.

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     (8) If the board finds that an applicant for registration

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as a pharmacy technician or that a registered pharmacy technician

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has committed an act that constitutes grounds for discipline as

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set forth in s. 456.072(1) or has committed an act that

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constitutes grounds for denial of a license or disciplinary

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action as set forth in this chapter, including an act that

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constitutes a substantial violation of s. 456.072(1) or a

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violation of this chapter which occurred before the applicant or

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registrant was registered as a pharmacy technician, the board may

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enter an order imposing any of the penalties specified in s.

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456.072(2) against the applicant or registrant.

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     Section 2.  Effective January 1, 2010, paragraph (d) is

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added to subsection (3) of section 465.015, Florida Statutes, to

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read:

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     465.015  Violations and penalties.--

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     (3)

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(d) It is unlawful for a person who is not registered as a

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pharmacy technician under this chapter, or who is not otherwise

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exempt from the requirement to register as a pharmacy technician,

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to perform the functions of a registered pharmacy technician or

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hold himself or herself out to others as a person who is

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registered to perform the functions of a registered pharmacy

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technician in this state.

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     Section 3.  Effective January 1, 2010, subsection (5) of

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section 465.019, Florida Statutes, is amended to read:

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     465.019  Institutional pharmacies; permits.--

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     (5)  All institutional pharmacies shall be under the

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professional supervision of a consultant pharmacist, and the

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compounding and dispensing of medicinal drugs shall be done only

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by a licensed pharmacist. Every institutional pharmacy that

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employs or otherwise uses registered utilizes pharmacy

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technicians shall have a written policy and procedures manual

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specifying those duties, tasks, and functions that which a

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registered pharmacy technician is allowed to perform.

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     Section 4.  Effective January 1, 2010, section 465.0196,

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Florida Statutes, is amended to read:

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     465.0196  Special pharmacy permits.--Any person desiring a

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permit to operate a special pharmacy shall apply to the

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department for a special pharmacy permit. If the board certifies

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that the application complies with the applicable laws and rules

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of the board governing the practice of the profession of

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pharmacy, the department shall issue the permit. A No permit may

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not shall be issued unless a licensed pharmacist is designated to

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undertake the professional supervision of the compounding and

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dispensing of all drugs dispensed by the pharmacy. The licensed

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pharmacist shall be responsible for maintaining all drug records

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and for providing for the security of the area in the facility in

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which the compounding, storing, and dispensing of medicinal drugs

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occurs. The permittee shall notify the department within 10 days

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after of any change of the licensed pharmacist responsible for

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such duties. Each Every permittee that employs or otherwise uses

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registered utilizes pharmacy technicians shall have a written

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policy and procedures manual specifying those duties, tasks, and

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functions that which a registered pharmacy technician is allowed

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to perform.

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     Section 5.  Effective January 1, 2010, subsection (1) of

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section 465.0197, Florida Statutes, is amended to read:

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     465.0197  Internet pharmacy permits.--

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     (1)  Any person desiring a permit to operate an Internet

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pharmacy shall apply to the department for an Internet pharmacy

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permit. If the board certifies that the application complies with

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the applicable laws and rules of the board governing the practice

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of the profession of pharmacy, the department shall issue the

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permit. A No permit may not shall be issued unless a licensed

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pharmacist is designated as the prescription department manager

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for dispensing medicinal drugs to persons in this state. The

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licensed pharmacist shall be responsible for maintaining all drug

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records and for providing for the security of the area in the

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facility in which the compounding, storing, and dispensing of

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medicinal drugs to persons in this state occurs. The permittee

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shall notify the department within 30 days after of any change of

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the licensed pharmacist responsible for such duties. A Every

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permittee that employs or otherwise uses registered utilizes

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pharmacy technicians shall have a written policy and procedures

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manual specifying those duties, tasks, and functions that which a

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registered pharmacy technician is allowed to perform.

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     Section 6. The sum of $812,334 is appropriated from the

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Medical Quality Assurance Trust Fund to the Department of Health,

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and 13.5 positions and associated salary rate of 514,673 is

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authorized for the purpose of implementing this act during the

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2008-2009 fiscal year.

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     Section 7.  Except as otherwise expressly provided in this

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act, this act shall take effect upon becoming a law.