Florida Senate - 2014                CS for CS for CS for SB 278
       By the Committees on Rules; Regulated Industries; and Health
       Policy; and Senator Grimsley
       595-03706-14                                           2014278c3
    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 s. 465.189, F.S.;
    7         authorizing pharmacists to administer meningococcal
    8         and shingles vaccines under certain circumstances;
    9         amending ss. 456.42 and 893.04, F.S.; requiring
   10         written prescriptions for specified controlled
   11         substances to be legibly dated in a specified format;
   12         providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Subsection (1) of section 465.014, Florida
   17  Statutes, is amended to read:
   18         465.014 Pharmacy technician.—
   19         (1) A person other than a licensed pharmacist or pharmacy
   20  intern may not engage in the practice of the profession of
   21  pharmacy, except that a licensed pharmacist may delegate to
   22  pharmacy technicians who are registered pursuant to this section
   23  those duties, tasks, and functions that do not fall within the
   24  purview of s. 465.003(13). All such delegated acts must shall be
   25  performed under the direct supervision of a licensed pharmacist
   26  who is shall be responsible for all such acts performed by
   27  persons under his or her supervision. A pharmacy registered
   28  pharmacy technician, under the supervision of a pharmacist, may
   29  initiate or receive communications with a practitioner or his or
   30  her agent, on behalf of a patient, regarding refill
   31  authorization requests. A licensed pharmacist may not supervise
   32  more than one registered pharmacy technician unless otherwise
   33  permitted by the guidelines adopted by the board. The board
   34  shall establish guidelines to be followed by licensees or
   35  permittees in determining the circumstances under which a
   36  licensed pharmacist may supervise more than one but not more
   37  than three pharmacy technician technicians.
   38         Section 2. Subsection (2) of section 465.004, Florida
   39  Statutes, is amended to read:
   40         465.004 Board of Pharmacy.—
   41         (2) Seven members of the board must be licensed pharmacists
   42  who are residents of this state and who have been engaged in the
   43  practice of the profession of pharmacy in this state for at
   44  least 4 years and, to the extent practicable, represent the
   45  various pharmacy practice settings. Of the pharmacist members,
   46  two one must be currently engaged in the practice of pharmacy in
   47  a community pharmacy, two one must be currently engaged in the
   48  practice of pharmacy in a Class II institutional pharmacy or a
   49  Modified Class II institutional pharmacy, and three must five
   50  shall be pharmacists licensed in this state irrespective of
   51  practice setting. The remaining two members must be residents of
   52  the state who have never been licensed as pharmacists and who
   53  are in no way connected with the practice of the profession of
   54  pharmacy. No person may be appointed as a consumer member who is
   55  in any way connected with a drug manufacturer or wholesaler. At
   56  least one member of the board must be 60 years of age or older.
   57  The Governor shall appoint members to the board in accordance
   58  with this subsection as members’ terms expire or as a vacancy
   59  occurs until the composition of the board complies with the
   60  requirements of this subsection.
   61         Section 3. Subsections (1) and (2) of section 465.189,
   62  Florida Statutes, are amended to read:
   63         465.189 Administration of vaccines and epinephrine
   64  autoinjection.—
   65         (1) In accordance with guidelines of the Centers for
   66  Disease Control and Prevention for each recommended immunization
   67  or vaccine, a pharmacist may administer the following vaccines
   68  to an adult within the framework of an established protocol
   69  under a supervising physician licensed under chapter 458 or
   70  chapter 459:
   71         (a) Influenza vaccine.
   72         (b) Pneumococcal vaccine.
   73         (c) Meningococcal vaccine.
   74         (d) Shingles vaccine.
   75         (2) In accordance with guidelines of the Centers for
   76  Disease Control and Prevention, a pharmacist may administer the
   77  shingles vaccine within the framework of an established protocol
   78  and pursuant to a written or electronic prescription issued to
   79  the patient by a physician licensed under chapter 458 or chapter
   80  459.
   81         Section 4. Subsection (2) of section 456.42, Florida
   82  Statutes, is amended to read:
   83         456.42 Written prescriptions for medicinal drugs.—
   84         (2) A written prescription for a controlled substance
   85  listed in chapter 893 must have the quantity of the drug
   86  prescribed in both textual and numerical formats, must be dated
   87  in numerical, month/day/year format, or with the abbreviated
   88  month written out, or the month written out in whole on the face
   89  of the prescription, and must be either written on a
   90  standardized counterfeit-proof prescription pad produced by a
   91  vendor approved by the department or electronically prescribed
   92  as that term is used in s. 408.0611. As a condition of being an
   93  approved vendor, a prescription pad vendor must submit a monthly
   94  report to the department that which, at a minimum, documents the
   95  number of prescription pads sold and identifies the purchasers.
   96  The department may, by rule, require the reporting of additional
   97  information.
   98         Section 5. Paragraph (d) of subsection (2) of section
   99  893.04, Florida Statutes, is amended to read:
  100         893.04 Pharmacist and practitioner.—
  101         (2)
  102         (d) Each written prescription prescribed by a practitioner
  103  in this state for a controlled substance listed in Schedule II,
  104  Schedule III, or Schedule IV must include both a written and a
  105  numerical notation of the quantity of the controlled substance
  106  prescribed on the face of the prescription and a legible
  107  notation of the date in numerical, month/day/year format, or,
  108  with the abbreviated month written out, or the month written out
  109  in whole on the face of the prescription. A pharmacist may, upon
  110  verification by the prescriber, document any information
  111  required by this paragraph. If the prescriber is not available
  112  to verify a prescription, the pharmacist may dispense the
  113  controlled substance but may insist that the person to whom the
  114  controlled substance is dispensed provide valid photographic
  115  identification. If a prescription includes a numerical notation
  116  of the quantity of the controlled substance or date, but does
  117  not include the quantity or date written out in textual format,
  118  the pharmacist may dispense the controlled substance without
  119  verification by the prescriber of the quantity or date if the
  120  pharmacy previously dispensed another prescription for the
  121  person to whom the prescription was written.
  122         Section 6. This act shall take effect July 1, 2014.