1 | A bill to be entitled |
2 | An act relating to pharmacy; amending s. 465.015, F.S.; |
3 | prohibiting the ownership, operation, maintenance, |
4 | opening, establishment, conduct, or having charge of a |
5 | pharmacy at locations within a specified radius of certain |
6 | pain-management clinics; providing penalties; amending s. |
7 | 465.0276, F.S.; prohibiting dispensing practitioners who |
8 | own, operate, or are employed by certain pain-management |
9 | clinics from dispensing at certain locations specified |
10 | controlled substances prescribed for patients at such |
11 | clinics; providing penalties; providing an effective date. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. Paragraph (c) is added to subsection (1) of |
16 | section 465.015, Florida Statutes, to read: |
17 | 465.015 Violations and penalties.- |
18 | (1) It is unlawful for any person to own, operate, |
19 | maintain, open, establish, conduct, or have charge of, either |
20 | alone or with another person or persons, a pharmacy: |
21 | (c) Which is located within a 10-mile radius of a clinic |
22 | registered under s. 458.3265 or s. 459.0137 that such person |
23 | owns, operates, maintains, opens, establishes, conducts, or has |
24 | charge of, either alone or with another person or persons. |
25 | (4) Any person who violates any provision of subsection |
26 | (1) or subsection (3) commits a misdemeanor of the first degree, |
27 | punishable as provided in s. 775.082 or s. 775.083. Any person |
28 | who violates any provision of subsection (2) commits a felony of |
29 | the third degree, punishable as provided in s. 775.082, s. |
30 | 775.083, or s. 775.084. In any warrant, information, or |
31 | indictment, it shall not be necessary to negative any |
32 | exceptions, and the burden of any exception shall be upon the |
33 | defendant. |
34 | Section 2. Subsection (1) of section 465.0276, Florida |
35 | Statutes, is amended to read: |
36 | 465.0276 Dispensing practitioner.- |
37 | (1)(a) A person may not dispense medicinal drugs unless |
38 | licensed as a pharmacist or otherwise authorized under this |
39 | chapter to do so, except that a practitioner authorized by law |
40 | to prescribe drugs may dispense such drugs to her or his |
41 | patients in the regular course of her or his practice in |
42 | compliance with this section. |
43 | (b)1. A practitioner registered under this section may not |
44 | dispense more than a 72-hour supply of a controlled substance |
45 | listed in Schedule II, Schedule III, Schedule IV, or Schedule V |
46 | of s. 893.03 for any patient who pays for the medication by |
47 | cash, check, or credit card in a clinic registered under s. |
48 | 458.3265 or s. 459.0137. |
49 | 2. A practitioner registered under this section who owns, |
50 | operates, or is employed by a clinic registered under s. |
51 | 458.3265 or s. 459.0137 may not, at any location within a 10- |
52 | mile radius of the clinic, dispense a controlled substance |
53 | listed in Schedule II, Schedule III, Schedule IV, or Schedule V |
54 | of s. 893.03 which is prescribed for any patient at the clinic. |
55 | (c) A practitioner who violates this paragraph (b) commits |
56 | a felony of the third degree, punishable as provided in s. |
57 | 775.082, s. 775.083, or s. 775.084. Paragraph (b) and this |
58 | paragraph do does not apply to: |
59 | 1. A practitioner who dispenses medication to a workers' |
60 | compensation patient pursuant to chapter 440. |
61 | 2. a practitioner who dispenses medication to an insured |
62 | patient who pays by cash, check, or credit card to cover any |
63 | applicable copayment or deductible. |
64 | 3. the dispensing of complimentary packages of medicinal |
65 | drugs to the practitioner's own patients in the regular course |
66 | of her or his practice without the payment of a fee or |
67 | remuneration of any kind, whether direct or indirect, as |
68 | provided in subsection (5). |
69 | Section 3. This act shall take effect July 1, 2011. |