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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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465.0075, F.S.; revising licensure requirements; amending

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s. 465.014, F.S.; requiring the Board of Pharmacy to adopt

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rules; providing for the registration of pharmacy

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technicians; deleting obsolete provisions governing

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adoption of rules; 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 to set fees for the

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registration of pharmacy technicians; providing

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qualification requirements; providing a limitation;

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exempting pharmacy technician students and licensed

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pharmacy interns from registration requirements; providing

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continuing education requirements for registration

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renewal; requiring the board to adopt rules regarding the

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display of a registration; providing grounds for denial,

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suspension, or revocation of registration or other

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disciplinary action; authorizing the board to impose

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certain penalties; requiring completion of a pharmacy

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technician training program in order to register as a

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pharmacy technician by a specified date; providing an

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exception to the requirement to complete a training

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program; amending s. 465.015, F.S.; prohibiting a person

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who is not registered as a pharmacy technician from

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performing certain functions or holding himself or herself

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out to others as a registered pharmacy technician;

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amending ss. 465.019, 465.0196, and 465.0197, F.S.,

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relating to institutional pharmacies, special pharmacy

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permits, and Internet pharmacy permits; conforming

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provisions; providing effective dates.

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

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     Section 1.  Subsection (1) of section 465.0075, Florida

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Statutes, is amended to read:

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     465.0075  Licensure by endorsement; requirements; fee.--

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     (1)  The department shall issue a license by endorsement to

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any applicant who applies to the department and remits a

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nonrefundable fee of not more than $100, as set by the board, and

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whom the board certifies:

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     (a)  Has met the qualifications for licensure in s.

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465.007(1)(b) and (c);

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     (b)  Has obtained a passing score, as established by rule of

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the board, on the licensure examination of the National

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Association of Boards of Pharmacy or a similar nationally

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recognized examination, if the board certifies that the applicant

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has taken the required examination not more than 12 years prior

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to application;

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     (c)1.  Has submitted evidence of the active licensed

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practice of pharmacy, including practice in community or public

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health by persons employed by a governmental entity, in another

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jurisdiction for at least 2 of the immediately preceding 5 years

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or evidence of successful completion of board-approved

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postgraduate training or a board-approved clinical competency

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examination within the year immediately preceding application for

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licensure; or

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     2.  Has completed an internship meeting the requirements of

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s. 465.007(1)(c) within the 2 years immediately preceding

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application; and

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     (d)  Has obtained a passing score on the pharmacy

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jurisprudence portions of the licensure examination, as required

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by board rule.

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     Section 2.  Section 465.014, Florida Statutes, is amended to

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read:

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     465.014  Pharmacy technician.--No person other than a

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licensed pharmacist or pharmacy intern may engage in the practice

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of the profession of pharmacy, except that a licensed pharmacist

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may delegate to nonlicensed pharmacy technicians those duties,

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tasks, and functions which do not fall within the purview of s.

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465.003(13). All such delegated acts shall be performed under the

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direct supervision of a licensed pharmacist who shall be

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responsible for all such acts performed by persons under his or

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her supervision. A pharmacy technician, under the supervision of

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a pharmacist, may initiate or receive communications with a

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practitioner or his or her agent, on behalf of a patient,

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regarding refill authorization requests. No licensed pharmacist

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shall supervise more than one pharmacy technician unless

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otherwise permitted by the guidelines adopted by the board. The

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board shall establish guidelines to be followed by licensees or

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permittees in determining the circumstances under which a

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licensed pharmacist may supervise more than one but not more than

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three pharmacy technicians. The board shall adopt rules for the

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registration application process and registration systems

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administration process established under this section and ss.

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465.015, 465.019, 465.0196, and 465.0197, as amended by this act,

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so that such rules governing such processes can be in place upon

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full implementation of this act. The board may adopt other rules

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as necessary to administer this act.

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     Section 3.  Effective January 1, 2010, section 465.014,

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Florida Statutes, as amended by this act, 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 pharmacy

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registered 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 more than one but not more than three pharmacy

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technicians. The board shall adopt rules for the registration

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application process and registration systems administration

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process established under this section and ss. 465.015, 465.019,

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465.0196, and 465.0197, as amended by this act, so that such

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rules governing such processes can be in-place upon full

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implementation of this act. The board may adopt other rules as

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necessary to administer this act.

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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; and is at least 17 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 any

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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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approved by the board may be placed in a pharmacy for the purpose

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of obtaining practical training. A pharmacy technician student

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shall wear identification that indicates his or her student

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status when performing the functions of a pharmacy technician,

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and registration under this section is not required.

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     (5) Notwithstanding the requirements of this section or any

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

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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 registered

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pharmacy technician shall complete 20 hours biennially of

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continuing education courses approved by the board or the

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Accreditation Council for Pharmacy Education, of which 4 hours

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must be 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 4.  Effective January 1, 2011, subsection (2) of

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section 465.014, Florida Statutes, as amended by this act, is

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amended to read:

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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; and is at least 17 years of age;

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and has completed a pharmacy technician training program approved

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by the Board of Pharmacy. Notwithstanding any requirements in

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this subsection, any registered pharmacy technician registered

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pursuant to this section before January 1, 2011, who has worked

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as a pharmacy technician for a minimum of 1,500 hours under the

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supervision of a licensed pharmacist or received certification as

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a pharmacy technician by certification program accredited by the

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National Commission for Certifying Agencies is exempt from the

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requirement to complete an initial training program for purposes

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of registration as required by this subsection.

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     Section 5.  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 6.  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 7.  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 8.  Subsection (1) of section 465.0197, Florida

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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 9.  Except as otherwise expressly provided in this

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