Florida Senate - 2014 CS for CS for SB 278
By the Committees on Regulated Industries; and Health Policy;
and Senator Grimsley
580-02895-14 2014278c2
1 A bill to be entitled
2 An act relating to pharmacy; amending s. 465.014,
3 F.S.; increasing the number of registered pharmacy
4 technicians which a licensed pharmacist may supervise;
5 amending s. 465.004, F.S.; revising the composition of
6 the Board of Pharmacy; amending ss. 456.42 and 893.04,
7 F.S.; requiring written prescriptions for specified
8 controlled substances to be legibly dated in a
9 specified format; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (1) of section 465.014, Florida
14 Statutes, is amended to read:
15 465.014 Pharmacy technician.—
16 (1) A person other than a licensed pharmacist or pharmacy
17 intern may not engage in the practice of the profession of
18 pharmacy, except that a licensed pharmacist may delegate to
19 pharmacy technicians who are registered pursuant to this section
20 those duties, tasks, and functions that do not fall within the
21 purview of s. 465.003(13). All such delegated acts must shall be
22 performed under the direct supervision of a licensed pharmacist
23 who is shall be responsible for all such acts performed by
24 persons under his or her supervision. A pharmacy registered
25 pharmacy technician, under the supervision of a pharmacist, may
26 initiate or receive communications with a practitioner or his or
27 her agent, on behalf of a patient, regarding refill
28 authorization requests. A licensed pharmacist may not supervise
29 more than one registered pharmacy technician unless otherwise
30 permitted by the guidelines adopted by the board. The board
31 shall establish guidelines to be followed by licensees or
32 permittees in determining the circumstances under which a
33 licensed pharmacist may supervise more than one but not more
34 than three pharmacy technician technicians.
35 Section 2. Subsection (2) of section 465.004, Florida
36 Statutes, is amended to read:
37 465.004 Board of Pharmacy.—
38 (2) Seven members of the board must be licensed pharmacists
39 who are residents of this state and who have been engaged in the
40 practice of the profession of pharmacy in this state for at
41 least 4 years and, to the extent practicable, represent the
42 various pharmacy practice settings. Of the pharmacist members,
43 three one must be currently engaged in the practice of pharmacy
44 in a community pharmacy, three one must be currently engaged in
45 the practice of pharmacy in a Class II institutional pharmacy or
46 a Modified Class II institutional pharmacy, and one five shall
47 be a pharmacist pharmacists licensed in this state irrespective
48 of practice setting. The remaining two members must be residents
49 of the state who have never been licensed as pharmacists and who
50 are in no way connected with the practice of the profession of
51 pharmacy. No person may be appointed as a consumer member who is
52 in any way connected with a drug manufacturer or wholesaler. At
53 least one member of the board must be 60 years of age or older.
54 Section 3. Subsection (2) of section 456.42, Florida
55 Statutes, is amended to read:
56 456.42 Written prescriptions for medicinal drugs.—
57 (2) A written prescription for a controlled substance
58 listed in chapter 893 must have the quantity of the drug
59 prescribed in both textual and numerical formats, must be dated
60 in numeric month/day/year format, or with the abbreviated month
61 written out, or the month written out in whole on the face of
62 the prescription, and must be either written on a standardized
63 counterfeit-proof prescription pad produced by a vendor approved
64 by the department or electronically prescribed as that term is
65 used in s. 408.0611. As a condition of being an approved vendor,
66 a prescription pad vendor must submit a monthly report to the
67 department that which, at a minimum, documents the number of
68 prescription pads sold and identifies the purchasers. The
69 department may, by rule, require the reporting of additional
70 information.
71 Section 4. Paragraph (d) of subsection (2) of section
72 893.04, Florida Statutes, is amended to read:
73 893.04 Pharmacist and practitioner.—
74 (2)
75 (d) Each written prescription prescribed by a practitioner
76 in this state for a controlled substance listed in Schedule II,
77 Schedule III, or Schedule IV must include both a written and a
78 numerical notation of the quantity of the controlled substance
79 prescribed on the face of the prescription and a legible
80 notation of the date in numeric month/day/year format, or, with
81 the abbreviated month written out, or the month written out in
82 whole on the face of the prescription. A pharmacist may, upon
83 verification by the prescriber, document any information
84 required by this paragraph. If the prescriber is not available
85 to verify a prescription, the pharmacist may dispense the
86 controlled substance but may insist that the person to whom the
87 controlled substance is dispensed provide valid photographic
88 identification. If a prescription includes a numerical notation
89 of the quantity of the controlled substance or date, but does
90 not include the quantity or date written out in textual format,
91 the pharmacist may dispense the controlled substance without
92 verification by the prescriber of the quantity or date if the
93 pharmacy previously dispensed another prescription for the
94 person to whom the prescription was written.
95 Section 5. This act shall take effect July 1, 2014.