HB 275

1	A bill to be entitled
2	An act relating to pharmacy; amending s. 465.0075, F.S.;
3	revising provisions governing licensure by endorsement
4	to remove the timeframe requirement for passage of a
5	nationally recognized examination; amending s. 465.014,
6	F.S.; providing for the registration of pharmacy
7	technicians; requiring the Board of Pharmacy to set fees
8	and rules to register pharmacy technicians; providing
9	qualification requirements; providing a limitation;
10	exempting pharmacy technician students and licensed
11	pharmacy interns from certain registration requirements;
12	providing continuing education requirements for
13	registration renewal; providing grounds for denial,
14	suspension, or revocation of registration or other
15	disciplinary action; authorizing the board to impose
16	certain penalties; requiring the board to adopt rules;
17	requiring the board to maintain a directory of
18	registered pharmacy technicians and publish the
19	directory on the Internet; amending s. 465.015, F.S.;
20	prohibiting a person who is not registered as a pharmacy
21	technician from performing certain functions or holding
22	himself or herself out to others as a pharmacy
23	technician; providing penalties; amending s. 465.019,
24	F.S.; conforming references relating to use of pharmacy
25	technicians in institutional pharmacies; providing
26	effective dates.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Subsection (1) of section 465.0075, Florida
31	Statutes, is amended to read:
32	465.0075  Licensure by endorsement; requirements; fee.--
33	(1)  The department shall issue a license by endorsement
34	to any applicant who applies to the department and remits a
35	nonrefundable fee of not more than $100, as set by the board,
36	and whom the board certifies:
37	(a)  Has met the qualifications for licensure in s.
38	465.007(1)(b) and (c);
39	(b)  Has obtained a passing score, as established by rule
40	of the board, on the licensure examination of the National
41	Association of Boards of Pharmacy or a similar nationally
42	recognized examination, if the board certifies that the
43	applicant has taken the required examination not more than 12
44	years prior to application;
45	(c)1.  Has submitted evidence of the active licensed
46	practice of pharmacy, including practice in community or
47	public health by persons employed by a governmental entity, in
48	another jurisdiction for at least 2 of the immediately
49	preceding 5 years or evidence of successful completion of
50	board-approved postgraduate training or a board-approved
51	clinical competency examination within the year immediately
52	preceding application for licensure; or
53	2.  Has completed an internship meeting the requirements
54	of s. 465.007(1)(c) within the 2 years immediately preceding
55	application; and
56	(d)  Has obtained a passing score on the pharmacy
57	jurisprudence portions of the licensure examination, as
58	required by board rule.
59	Section 2.  Effective January 1, 2010, section 465.014,
60	Florida Statutes, is amended to read:
61	465.014  Pharmacy technician.--
62	(1)  A No person other than a licensed pharmacist or
63	pharmacy intern may not engage in the practice of the
64	profession of pharmacy, except that a licensed pharmacist may
65	delegate to nonlicensed pharmacy technicians registered
66	pursuant to this section those duties, tasks, and functions
67	which do not fall within the purview of s. 465.003(13). All
68	such delegated acts shall be performed under the direct
69	supervision of a licensed pharmacist who shall be responsible
70	for all such acts performed by persons under his or her
71	supervision. A registered pharmacy technician, under the
72	supervision of a pharmacist, may initiate or receive
73	communications with a practitioner or his or her agent, on
74	behalf of a patient, regarding refill authorization requests.
75	A No licensed pharmacist may not shall supervise more than one
76	registered pharmacy technician unless otherwise permitted by
77	the guidelines adopted by the board. The board shall establish
78	guidelines to be followed by licensees or permittees in
79	determining the circumstances under which a licensed
80	pharmacist may supervise up to four registered more than one
81	but not more than three pharmacy technicians. When a
82	pharmacist supervises four registered pharmacy technicians
83	under the guidelines of the board, at least one of the four
84	must be certified by the Pharmacy Technician Certification
85	Board or any other nationally accredited certifying body
86	approved by the board.
87	(2)  Any person who wishes to work as a pharmacy
88	technician in this state must register by filing an
89	application with the board on a form adopted by rule of the
90	board. The board shall register each applicant who has
91	remitted a registration fee set by the board, not to exceed
92	$50 biennially; has completed the application form and
93	remitted a nonrefundable application fee set by the board, not
94	to exceed $50; and is at least 16 years of age.
95	(3)  A person whose license to practice pharmacy has been
96	denied, suspended, or restricted for disciplinary purposes is
97	not eligible to be registered as a pharmacy technician.
98	(4)  Notwithstanding the requirements of this section or
99	any other provision of law, a pharmacy technician student may
100	be placed in a pharmacy for the purpose of obtaining practical
101	training required by the body accrediting the pharmacy
102	technician training program. A pharmacy technician student
103	shall wear identification that indicates his or her student
104	status when performing the functions of a pharmacy technician,
105	and registration under this section is not required.
106	(5)  Notwithstanding the requirements of this section or
107	any other provision of law, a person licensed by the state as
108	a pharmacy intern may be employed as a registered pharmacy
109	technician without paying a registration fee or filing an
110	application with the board to register as a pharmacy
111	technician.
112	(6)  As a condition of registration renewal, a pharmacy
113	technician must complete 20 hours biennially of continuing
114	education courses approved by the board or the Accreditation
115	Council for Pharmaceutical Education, of which 4 hours must be
116	via live presentation and 2 hours must be related to the
117	prevention of medication errors and pharmacy law.
118	(7)  If the board finds that an applicant for
119	registration as a pharmacy technician or that a registered
120	pharmacy technician has committed an act that constitutes
121	grounds for discipline as set forth in s. 456.072(1) or has
122	committed an act that constitutes grounds for denial of a
123	license or disciplinary action as set forth in this chapter,
124	including an act that constitutes a substantial violation of
125	s. 456.072(1) or a violation of this chapter which occurred
126	before the applicant or registrant was registered as a
127	pharmacy technician, the board may enter an order imposing any
128	of the penalties specified in s. 456.072(2) against the
129	applicant or registrant.
130	(8)  The board shall adopt rules that require each
131	registration issued by the board under this section to be
132	displayed in such a manner as to make it available to the
133	public and to facilitate inspection by the department, rules
134	that require and specify the manner in which a pharmacy shall
135	notify the board when a registered pharmacy technician is
136	employed or ceases employment with the pharmacy, and such
137	other rules as necessary to administer the provisions of this
138	section.
139	(9)  The board shall maintain a current directory of
140	registered pharmacy technicians indicating their place of
141	employment and publish the directory on the Internet.
142	Section 3.  Effective January 1, 2010, paragraph (d) is
143	added to subsection (3) of section 465.015, Florida Statutes,
144	to read:
145	465.015  Violations and penalties.--
146	(3)
147	(d)  It is unlawful for a person who is not registered as
148	a pharmacy technician under this chapter, or who is not
149	otherwise exempt from the requirement to register as a
150	pharmacy technician, to perform the functions of a registered
151	pharmacy technician or hold himself or herself out to others
152	as a person who is registered to perform the functions of a
153	registered pharmacy technician in this state.
154	(4)  Any person who violates any provision of subsection
155	(1) or subsection (3) commits a misdemeanor of the first
156	degree, punishable as provided in s. 775.082 or s. 775.083.
157	Any person who violates any provision of subsection (2)
158	commits a felony of the third degree, punishable as provided
159	in s. 775.082, s. 775.083, or s. 775.084. In any warrant,
160	information, or indictment, it shall not be necessary to
161	negative any exceptions, and the burden of any exception shall
162	be upon the defendant.
163	Section 4.  Effective January 1, 2010, subsection (5) of
164	section 465.019, Florida Statutes, is amended to read:
165	465.019  Institutional pharmacies; permits.--
166	(5)  All institutional pharmacies shall be under the
167	professional supervision of a consultant pharmacist, and the
168	compounding and dispensing of medicinal drugs shall be done
169	only by a licensed pharmacist. Every institutional pharmacy
170	that employs or otherwise utilizes registered pharmacy
171	technicians shall have a written policy and procedures manual
172	specifying those duties, tasks, and functions which a
173	registered pharmacy technician is allowed to perform.
174	Section 5.  Except as otherwise expressly provided in
175	this act, this act shall take effect upon becoming a law.

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