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.
   11  Be It Enacted by the Legislature of the State of Florida:
   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.