Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/HB 323, 2nd Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .         Floor: SENA1/C         
             05/02/2014 01:43 PM       .      05/02/2014 09:06 PM       

       Senator Grimsley moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 465.004, Florida
    6  Statutes, is amended to read:
    7         465.004 Board of Pharmacy.—
    8         (2) Seven members of the board must be licensed pharmacists
    9  who are residents of this state and who have been engaged in the
   10  practice of the profession of pharmacy in this state for at
   11  least 4 years and, to the extent practicable, represent the
   12  various pharmacy practice settings. Of the pharmacist members,
   13  two one must be currently engaged in the practice of pharmacy in
   14  a community pharmacy, two one must be currently engaged in the
   15  practice of pharmacy in a Class II institutional pharmacy or a
   16  Modified Class II institutional pharmacy, and three must five
   17  shall be pharmacists licensed in this state irrespective of
   18  practice setting. The remaining two members must be residents of
   19  the state who have never been licensed as pharmacists and who
   20  are in no way connected with the practice of the profession of
   21  pharmacy. No person may be appointed as a consumer member who is
   22  in any way connected with a drug manufacturer or wholesaler. At
   23  least one member of the board must be 60 years of age or older.
   24  The Governor shall appoint members to the board in accordance
   25  with this subsection as members’ terms expire or as a vacancy
   26  occurs until the composition of the board complies with the
   27  requirements of this subsection.
   28         Section 2. Subsection (1) of section 465.014, Florida
   29  Statutes, is amended to read:
   30         465.014 Pharmacy technician.—
   31         (1) A person other than a licensed pharmacist or pharmacy
   32  intern may not engage in the practice of the profession of
   33  pharmacy, except that a licensed pharmacist may delegate to
   34  pharmacy technicians who are registered pursuant to this section
   35  those duties, tasks, and functions that do not fall within the
   36  purview of s. 465.003(13). All such delegated acts must shall be
   37  performed under the direct supervision of a licensed pharmacist
   38  who is shall be responsible for all such acts performed by
   39  persons under his or her supervision. A pharmacy registered
   40  pharmacy technician, under the supervision of a pharmacist, may
   41  initiate or receive communications with a practitioner or his or
   42  her agent, on behalf of a patient, regarding refill
   43  authorization requests. A licensed pharmacist may not supervise
   44  more than one registered pharmacy technician unless otherwise
   45  permitted by the guidelines adopted by the board. The board
   46  shall establish guidelines to be followed by licensees or
   47  permittees in determining the circumstances under which a
   48  licensed pharmacist may supervise more than one but not more
   49  than three pharmacy technician technicians.
   50         Section 3. Subsections (1) and (2) of section 465.189,
   51  Florida Statutes, are amended to read:
   52         465.189 Administration of vaccines and epinephrine
   53  autoinjection.—
   54         (1) In accordance with guidelines of the Centers for
   55  Disease Control and Prevention for each recommended immunization
   56  or vaccine, a pharmacist may administer the following vaccines
   57  to an adult within the framework of an established protocol
   58  under a supervising physician licensed under chapter 458 or
   59  chapter 459:
   60         (a) Influenza vaccine.
   61         (b) Pneumococcal vaccine.
   62         (c) Meningococcal vaccine.
   63         (d) Shingles vaccine.
   64         (2) In accordance with guidelines of the Centers for
   65  Disease Control and Prevention, a pharmacist may administer the
   66  shingles vaccine within the framework of an established protocol
   67  and pursuant to a written or electronic prescription issued to
   68  the patient by a physician licensed under chapter 458 or chapter
   69  459.
   70         Section 4. Subsection (2) of section 456.42, Florida
   71  Statutes, is amended to read:
   72         456.42 Written prescriptions for medicinal drugs.—
   73         (2) A written prescription for a controlled substance
   74  listed in chapter 893 must have the quantity of the drug
   75  prescribed in both textual and numerical formats, must be dated
   76  in numerical, month/day/year format, or with the abbreviated
   77  month written out, or the month written out in whole on the face
   78  of the prescription, and must be either written on a
   79  standardized counterfeit-proof prescription pad produced by a
   80  vendor approved by the department or electronically prescribed
   81  as that term is used in s. 408.0611. As a condition of being an
   82  approved vendor, a prescription pad vendor must submit a monthly
   83  report to the department that which, at a minimum, documents the
   84  number of prescription pads sold and identifies the purchasers.
   85  The department may, by rule, require the reporting of additional
   86  information.
   87         Section 5. Paragraph (d) of subsection (2) of section
   88  893.04, Florida Statutes, is amended to read:
   89         893.04 Pharmacist and practitioner.—
   90         (2)
   91         (d) Each written prescription prescribed by a practitioner
   92  in this state for a controlled substance listed in Schedule II,
   93  Schedule III, or Schedule IV must include both a written and a
   94  numerical notation of the quantity of the controlled substance
   95  prescribed on the face of the prescription and a notation of the
   96  date in numerical, month/day/year format, or, with the
   97  abbreviated month written out, or the month written out in whole
   98  on the face of the prescription. A pharmacist may, upon
   99  verification by the prescriber, document any information
  100  required by this paragraph. If the prescriber is not available
  101  to verify a prescription, the pharmacist may dispense the
  102  controlled substance but may insist that the person to whom the
  103  controlled substance is dispensed provide valid photographic
  104  identification. If a prescription includes a numerical notation
  105  of the quantity of the controlled substance or date, but does
  106  not include the quantity or date written out in textual format,
  107  the pharmacist may dispense the controlled substance without
  108  verification by the prescriber of the quantity or date if the
  109  pharmacy previously dispensed another prescription for the
  110  person to whom the prescription was written.
  111         Section 6. This act shall take effect July 1, 2014.
  113  ================= T I T L E  A M E N D M E N T ================
  114  And the title is amended as follows:
  115         Delete everything before the enacting clause
  116  and insert:
  117                        A bill to be entitled                      
  118         An act relating to pharmacy; amending s. 465.004,
  119         F.S.; revising the composition of the Board of
  120         Pharmacy; amending s. 465.014, F.S.; increasing the
  121         number of registered pharmacy technicians which a
  122         licensed pharmacist may supervise; amending s.
  123         465.189, F.S.; authorizing pharmacists to administer
  124         meningococcal and shingles vaccines under certain
  125         circumstances; amending ss. 456.42 and 893.04, F.S.;
  126         requiring written prescriptions for specified
  127         controlled substances to be legibly dated in a
  128         specified format; providing an effective date.