| 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. |