CS for CS for SB 1868                            Third Engrossed
       
       
       
       
       
       
       
       
       20091868e3
       
    1                        A bill to be entitled                      
    2         An act relating to the practice of pharmacy; amending
    3         s. 627.4239, F.S.; revising the definition of the term
    4         “standard reference compendium” for purposes of
    5         regulating the insurance coverage of drugs used in the
    6         treatment of cancer; amending s. 456.42, F.S.;
    7         revising provisions specifying the information
    8         required to be included in written prescriptions for
    9         medicinal drugs; creating s. 465.1901, F.S.; providing
   10         that provisions of ch. 468, F.S., relating to
   11         orthotics and pedorthics do not apply to pharmacists;
   12         requiring the Board of Pharmacy to develop rules
   13         regarding the practice of orthotics and pedorthics by
   14         a pharmacist; repealing s. 468.812(3), F.S., relating
   15         to the practice of orthotics and pedorthics; amending
   16         s. 893.04, F.S.; authorizing a pharmacist to dispense
   17         a controlled substance and require photographic
   18         identification without documenting certain
   19         information; authorizing a pharmacist to dispense a
   20         controlled substance without verification of certain
   21         information by the prescriber under certain
   22         circumstances; providing an effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Paragraph (b) of subsection (1) of section
   27  627.4239, Florida Statutes, is amended to read:
   28         627.4239 Coverage for use of drugs in treatment of cancer.—
   29         (1) DEFINITIONS.—As used in this section, the term:
   30         (b) “Standard reference compendium” means an authoritative
   31  compendium identified by the Secretary of the United States
   32  Department of Health and Human Services and recognized by the
   33  federal Centers for Medicare and Medicaid Services:
   34         1.The United States Pharmacopeia Drug Information;
   35         2.The American Medical Association Drug Evaluations; or
   36         3.The American Hospital Formulary Service Drug
   37  Information.
   38         Section 2. Section 456.42, Florida Statutes, is amended to
   39  read:
   40         456.42 Written prescriptions for medicinal drugs.—A written
   41  prescription for a medicinal drug issued by a health care
   42  practitioner licensed by law to prescribe such drug must be
   43  legibly printed or typed so as to be capable of being understood
   44  by the pharmacist filling the prescription; must contain the
   45  name of the prescribing practitioner, the name and strength of
   46  the drug prescribed, the quantity of the drug prescribed in both
   47  textual and numerical formats, and the directions for use of the
   48  drug; must be dated with the month written out in textual
   49  letters; and must be signed by the prescribing practitioner on
   50  the day when issued. A written prescription for a controlled
   51  substance listed in chapter 893 must have the quantity of the
   52  drug prescribed in both textual and numerical formats and must
   53  be dated with the abbreviated month written out on the face of
   54  the prescription. However, a prescription that is electronically
   55  generated and transmitted must contain the name of the
   56  prescribing practitioner, the name and strength of the drug
   57  prescribed, the quantity of the drug prescribed in numerical
   58  format, and the directions for use of the drug and must be dated
   59  and signed by the prescribing practitioner only on the day
   60  issued, which signature may be in an electronic format as
   61  defined in s. 668.003(4).
   62         Section 3. Section 465.1901, Florida Statutes, is created
   63  to read:
   64         465.1901 Practice of orthotics and pedorthics.—The
   65  provisions of chapter 468 relating to orthotics or pedorthics do
   66  not apply to any licensed pharmacist or to any person acting
   67  under the supervision of a licensed pharmacist. The practice of
   68  orthotics or pedorthics by a pharmacist or any of the
   69  pharmacist’s employees acting under the supervision of a
   70  pharmacist shall be construed to be within the meaning of the
   71  term “practice of the profession of pharmacy” as set forth in s.
   72  465.003(13), and shall be subject to regulation in the same
   73  manner as any other pharmacy practice. The Board of Pharmacy
   74  shall develop rules regarding the practice of orthotics and
   75  pedorthics by a pharmacist. Any pharmacist or person under the
   76  supervision of a pharmacist engaged in the practice of orthotics
   77  or pedorthics is not precluded from continuing that practice
   78  pending adoption of these rules.
   79         Section 4. Subsection (3) of section 468.812, Florida
   80  Statutes, is repealed.
   81         Section 5. Paragraph (d) of subsection (2) of section
   82  893.04, Florida Statutes, is amended to read:
   83         893.04 Pharmacist and practitioner.—
   84         (2)
   85         (d) Each written prescription prescribed by a practitioner
   86  in this state for a controlled substance listed in Schedule II,
   87  Schedule III, or Schedule IV must include both a written and a
   88  numerical notation of the quantity of the controlled substance
   89  prescribed on the face of the prescription and a notation of the
   90  date, with the abbreviated month written out on the face of the
   91  prescription. A pharmacist may, upon verification by the
   92  prescriber, document any information required by this paragraph.
   93  If the prescriber is not available to verify a prescription, the
   94  pharmacist may dispense the controlled substance but may insist
   95  that the person to whom the controlled substance is dispensed
   96  provide valid photographic identification. If a prescription
   97  includes a numerical notation of the quantity of the controlled
   98  substance or date, but does not include the quantity or date
   99  written out in textual format, the pharmacist may dispense the
  100  controlled substance without verification by the prescriber of
  101  the quantity or date if the pharmacy previously dispensed
  102  another prescription for the person to whom the prescription was
  103  written.
  104         Section 6. This act shall take effect July 1, 2009.