| 1 | Representative Galvano offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Subsection (1) of section 465.0075, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 465.0075 Licensure by endorsement; requirements; fee.-- |
| 8 | (1) The department shall issue a license by endorsement to |
| 9 | any applicant who applies to the department and remits a |
| 10 | nonrefundable fee of not more than $100, as set by the board, |
| 11 | and whom the board certifies: |
| 12 | (a) Has met the qualifications for licensure in s. |
| 13 | 465.007(1)(b) and (c); |
| 14 | (b) Has obtained a passing score, as established by rule |
| 15 | of the board, on the licensure examination of the National |
| 16 | Association of Boards of Pharmacy or a similar nationally |
| 17 | recognized examination, if the board certifies that the |
| 18 | applicant has taken the required examination not more than 12 |
| 19 | years prior to application; |
| 20 | (c)1. Has submitted evidence of the active licensed |
| 21 | practice of pharmacy, including practice in community or public |
| 22 | health by persons employed by a governmental entity, in another |
| 23 | jurisdiction for at least 2 of the immediately preceding 5 years |
| 24 | or evidence of successful completion of board-approved |
| 25 | postgraduate training or a board-approved clinical competency |
| 26 | examination within the year immediately preceding application |
| 27 | for licensure; or |
| 28 | 2. Has completed an internship meeting the requirements of |
| 29 | s. 465.007(1)(c) within the 2 years immediately preceding |
| 30 | application; and |
| 31 | (d) Has obtained a passing score on the pharmacy |
| 32 | jurisprudence portions of the licensure examination, as required |
| 33 | by board rule. |
| 34 | Section 2. Section 465.014, Florida Statutes, is amended |
| 35 | to read: |
| 36 | 465.014 Pharmacy technician.--No person other than a |
| 37 | licensed pharmacist or pharmacy intern may engage in the |
| 38 | practice of the profession of pharmacy, except that a licensed |
| 39 | pharmacist may delegate to nonlicensed pharmacy technicians |
| 40 | those duties, tasks, and functions which do not fall within the |
| 41 | purview of s. 465.003(13). All such delegated acts shall be |
| 42 | performed under the direct supervision of a licensed pharmacist |
| 43 | who shall be responsible for all such acts performed by persons |
| 44 | under his or her supervision. A pharmacy technician, under the |
| 45 | supervision of a pharmacist, may initiate or receive |
| 46 | communications with a practitioner or his or her agent, on |
| 47 | behalf of a patient, regarding refill authorization requests. No |
| 48 | licensed pharmacist shall supervise more than one pharmacy |
| 49 | technician unless otherwise permitted by the guidelines adopted |
| 50 | by the board. The board shall establish guidelines to be |
| 51 | followed by licensees or permittees in determining the |
| 52 | circumstances under which a licensed pharmacist may supervise |
| 53 | more than one but not more than three pharmacy technicians. The |
| 54 | board shall adopt rules for the registration application process |
| 55 | and registration systems administration process established |
| 56 | under this section and ss. 465.015, 465.019, 465.0196, and |
| 57 | 465.0197, as amended by this act, so that such rules governing |
| 58 | such processes can be in place upon full implementation of this |
| 59 | act. The board may adopt other rules as necessary to administer |
| 60 | this act. |
| 61 | Section 3. Effective January 1, 2010, section 465.014, |
| 62 | Florida Statutes, as amended by this act, is amended to read: |
| 63 | 465.014 Pharmacy technician.-- |
| 64 | (1) A No person other than a licensed pharmacist or |
| 65 | pharmacy intern may not engage in the practice of the profession |
| 66 | of pharmacy, except that a licensed pharmacist may delegate to |
| 67 | nonlicensed pharmacy technicians who are registered pursuant to |
| 68 | this section those duties, tasks, and functions that which do |
| 69 | not fall within the purview of s. 465.003(13). All such |
| 70 | delegated acts shall be performed under the direct supervision |
| 71 | of a licensed pharmacist who shall be responsible for all such |
| 72 | acts performed by persons under his or her supervision. A |
| 73 | pharmacy registered technician, under the supervision of a |
| 74 | pharmacist, may initiate or receive communications with a |
| 75 | practitioner or his or her agent, on behalf of a patient, |
| 76 | regarding refill authorization requests. A No licensed |
| 77 | pharmacist may not shall supervise more than one registered |
| 78 | pharmacy technician unless otherwise permitted by the guidelines |
| 79 | adopted by the board. The board shall establish guidelines to be |
| 80 | followed by licensees or permittees in determining the |
| 81 | circumstances under which a licensed pharmacist may supervise |
| 82 | more than one but not more than three pharmacy technicians. The |
| 83 | board shall adopt rules for the registration application process |
| 84 | and registration systems administration process established |
| 85 | under this section and ss. 465.015, 465.019, 465.0196, and |
| 86 | 465.0197, as amended by this act, so that such rules governing |
| 87 | such processes can be in-place upon full implementation of this |
| 88 | act. The board may adopt other rules as necessary to administer |
| 89 | this act. |
| 90 | (2) Any person who wishes to work as a pharmacy technician |
| 91 | in this state must register by filing an application with the |
| 92 | board on a form adopted by rule of the board. The board shall |
| 93 | register each applicant who has remitted a registration fee set |
| 94 | by the board, not to exceed $50 biennially; has completed the |
| 95 | application form and remitted a nonrefundable application fee |
| 96 | set by the board, not to exceed $50; and is at least 17 years of |
| 97 | age. |
| 98 | (3) A person whose license to practice pharmacy has been |
| 99 | denied, suspended, or restricted for disciplinary purposes is |
| 100 | not eligible to register as a pharmacy technician. |
| 101 | (4) Notwithstanding the requirements of this section or |
| 102 | any other provision of law, a pharmacy technician student who is |
| 103 | enrolled in a pharmacy technician training program that is |
| 104 | approved by the board may be placed in a pharmacy for the |
| 105 | purpose of obtaining practical training. A pharmacy technician |
| 106 | student shall wear identification that indicates his or her |
| 107 | student status when performing the functions of a pharmacy |
| 108 | technician, and registration under this section is not required. |
| 109 | (5) Notwithstanding the requirements of this section or |
| 110 | any other provision of law, a person who is licensed by the |
| 111 | state as a pharmacy intern may be employed as a registered |
| 112 | pharmacy technician without paying a registration fee or filing |
| 113 | an application with the board to register as a pharmacy |
| 114 | technician. |
| 115 | (6) As a condition of registration renewal, a registered |
| 116 | pharmacy technician shall complete 20 hours biennially of |
| 117 | continuing education courses approved by the board or the |
| 118 | Accreditation Council for Pharmacy Education, of which 4 hours |
| 119 | must be via live presentation and 2 hours must be related to the |
| 120 | prevention of medication errors and pharmacy law. |
| 121 | (7) The board shall adopt rules that require each |
| 122 | registration issued by the board under this section to be |
| 123 | displayed in such a manner as to make it available to the public |
| 124 | and to facilitate inspection by the department. The board may |
| 125 | adopt other rules as necessary to administer this section. |
| 126 | (8) If the board finds that an applicant for registration |
| 127 | as a pharmacy technician or that a registered pharmacy |
| 128 | technician has committed an act that constitutes grounds for |
| 129 | discipline as set forth in s. 456.072(1) or has committed an act |
| 130 | that constitutes grounds for denial of a license or disciplinary |
| 131 | action as set forth in this chapter, including an act that |
| 132 | constitutes a substantial violation of s. 456.072(1) or a |
| 133 | violation of this chapter which occurred before the applicant or |
| 134 | registrant was registered as a pharmacy technician, the board |
| 135 | may enter an order imposing any of the penalties specified in s. |
| 136 | 456.072(2) against the applicant or registrant. |
| 137 | Section 4. Effective January 1, 2011, subsection (2) of |
| 138 | section 465.014, Florida Statutes, as amended by this act, is |
| 139 | amended to read: |
| 140 | 465.014 Pharmacy technician.-- |
| 141 | (2) Any person who wishes to work as a pharmacy technician |
| 142 | in this state must register by filing an application with the |
| 143 | board on a form adopted by rule of the board. The board shall |
| 144 | register each applicant who has remitted a registration fee set |
| 145 | by the board, not to exceed $50 biennially; has completed the |
| 146 | application form and remitted a nonrefundable application fee |
| 147 | set by the board, not to exceed $50; and is at least 17 years of |
| 148 | age; and has completed a pharmacy technician training program |
| 149 | approved by the Board of Pharmacy. Notwithstanding any |
| 150 | requirements in this subsection, any registered pharmacy |
| 151 | technician registered pursuant to this section before January 1, |
| 152 | 2011, who has worked as a pharmacy technician for a minimum of |
| 153 | 1,500 hours under the supervision of a licensed pharmacist or |
| 154 | received certification as a pharmacy technician by certification |
| 155 | program accredited by the National Commission for Certifying |
| 156 | Agencies is exempt from the requirement to complete an initial |
| 157 | training program for purposes of registration as required by |
| 158 | this subsection. |
| 159 | Section 5. Effective January 1, 2010, paragraph (d) is |
| 160 | added to subsection (3) of section 465.015, Florida Statutes, to |
| 161 | read: |
| 162 | 465.015 Violations and penalties.-- |
| 163 | (3) |
| 164 | (d) It is unlawful for a person who is not registered as a |
| 165 | pharmacy technician under this chapter or who is not otherwise |
| 166 | exempt from the requirement to register as a pharmacy |
| 167 | technician, to perform the functions of a registered pharmacy |
| 168 | technician, or hold himself or herself out to others as a person |
| 169 | who is registered to perform the functions of a registered |
| 170 | pharmacy technician in this state. |
| 171 | Section 6. Effective January 1, 2010, subsection (5) of |
| 172 | section 465.019, Florida Statutes, is amended to read: |
| 173 | 465.019 Institutional pharmacies; permits.-- |
| 174 | (5) All institutional pharmacies shall be under the |
| 175 | professional supervision of a consultant pharmacist, and the |
| 176 | compounding and dispensing of medicinal drugs shall be done only |
| 177 | by a licensed pharmacist. Every institutional pharmacy that |
| 178 | employs or otherwise uses registered utilizes pharmacy |
| 179 | technicians shall have a written policy and procedures manual |
| 180 | specifying those duties, tasks, and functions that which a |
| 181 | registered pharmacy technician is allowed to perform. |
| 182 | Section 7. Effective January 1, 2010, section 465.0196, |
| 183 | Florida Statutes, is amended to read: |
| 184 | 465.0196 Special pharmacy permits.--Any person desiring a |
| 185 | permit to operate a special pharmacy shall apply to the |
| 186 | department for a special pharmacy permit. If the board certifies |
| 187 | that the application complies with the applicable laws and rules |
| 188 | of the board governing the practice of the profession of |
| 189 | pharmacy, the department shall issue the permit. A No permit may |
| 190 | not shall be issued unless a licensed pharmacist is designated |
| 191 | to undertake the professional supervision of the compounding and |
| 192 | dispensing of all drugs dispensed by the pharmacy. The licensed |
| 193 | pharmacist shall be responsible for maintaining all drug records |
| 194 | and for providing for the security of the area in the facility |
| 195 | in which the compounding, storing, and dispensing of medicinal |
| 196 | drugs occurs. The permittee shall notify the department within |
| 197 | 10 days after of any change of the licensed pharmacist |
| 198 | responsible for such duties. Each Every permittee that employs |
| 199 | or otherwise uses registered utilizes pharmacy technicians shall |
| 200 | have a written policy and procedures manual specifying those |
| 201 | duties, tasks, and functions that which a registered pharmacy |
| 202 | technician is allowed to perform. |
| 203 | Section 8. Subsection (1) of section 465.0197, Florida |
| 204 | Statutes, is amended to read: |
| 205 | 465.0197 Internet pharmacy permits.-- |
| 206 | (1) Any person desiring a permit to operate an Internet |
| 207 | pharmacy shall apply to the department for an Internet pharmacy |
| 208 | permit. If the board certifies that the application complies |
| 209 | with the applicable laws and rules of the board governing the |
| 210 | practice of the profession of pharmacy, the department shall |
| 211 | issue the permit. A No permit may not shall be issued unless a |
| 212 | licensed pharmacist is designated as the prescription department |
| 213 | manager for dispensing medicinal drugs to persons in this state. |
| 214 | The licensed pharmacist shall be responsible for maintaining all |
| 215 | drug records and for providing for the security of the area in |
| 216 | the facility in which the compounding, storing, and dispensing |
| 217 | of medicinal drugs to persons in this state occurs. The |
| 218 | permittee shall notify the department within 30 days after of |
| 219 | any change of the licensed pharmacist responsible for such |
| 220 | duties. A Every permittee that employs or otherwise uses |
| 221 | registered utilizes pharmacy technicians shall have a written |
| 222 | policy and procedures manual specifying those duties, tasks, and |
| 223 | functions that which a registered pharmacy technician is allowed |
| 224 | to perform. |
| 225 | Section 9. Except as otherwise expressly provided in this |
| 226 | act, this act shall take effect upon becoming a law. |
| 227 |
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| 228 |
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| 229 | ----------------------------------------------------- |
| 230 | T I T L E A M E N D M E N T |
| 231 | Remove the entire title and insert: |
| 232 | A bill to be entitled |
| 233 | An act relating to pharmacy technicians; amending s. 465.0075, |
| 234 | F.S.; revising licensure requirements; amending s. 465.014, |
| 235 | F.S.; requiring the Board of Pharmacy to adopt rules; providing |
| 236 | for the registration of pharmacy technicians; deleting obsolete |
| 237 | provisions governing adoption of rules; requiring that a |
| 238 | registered pharmacy technician be under the direct supervision |
| 239 | of a licensed pharmacist; requiring the board to set fees for |
| 240 | the registration of pharmacy technicians; providing |
| 241 | qualification requirements; providing a limitation; exempting |
| 242 | pharmacy technician students and licensed pharmacy interns from |
| 243 | registration requirements; providing continuing education |
| 244 | requirements for registration renewal; requiring the board to |
| 245 | adopt rules regarding the display of a registration; providing |
| 246 | grounds for denial, suspension, or revocation of registration or |
| 247 | other disciplinary action; authorizing the board to impose |
| 248 | certain penalties; requiring completion of a pharmacy technician |
| 249 | training program in order to register as a pharmacy technician |
| 250 | by a specified date; providing an exception to the requirement |
| 251 | to complete a training program; amending s. 465.015, F.S.; |
| 252 | prohibiting a person who is not registered as a pharmacy |
| 253 | technician from performing certain functions or holding himself |
| 254 | or herself out to others as a registered pharmacy technician; |
| 255 | amending ss. 465.019, 465.0196, and 465.0197, F.S., relating to |
| 256 | institutional pharmacies, special pharmacy permits, and Internet |
| 257 | pharmacy permits; conforming provisions; providing effective |
| 258 | dates. |