Florida Senate - 2019                                    SB 1170
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-01749-19                                           20191170__
    1                        A bill to be entitled                      
    2         An act relating to automated pharmacy systems;
    3         amending s. 465.0235, F.S.; authorizing a community
    4         pharmacy to use an automated pharmacy system under
    5         certain circumstances; providing that certain
    6         medicinal drugs stored in such system for outpatient
    7         dispensing are part of the inventory of the pharmacy
    8         providing services through such system; requiring the
    9         Board of Pharmacy to adopt rules; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 465.0235, Florida Statutes, is amended
   15  to read:
   16         465.0235 Automated pharmacy systems used by long-term care
   17  facilities, hospices, or state correctional institutions or for
   18  outpatient dispensing.—
   19         (1) A pharmacy may provide pharmacy services to a long-term
   20  care facility or hospice licensed under chapter 400 or chapter
   21  429 or a state correctional institution operated under chapter
   22  944 through the use of an automated pharmacy system that need
   23  not be located at the same location as the pharmacy.
   24         (2) A community pharmacy, as defined in s. 465.003(11)(a)1.
   25  and licensed in this state, may provide pharmacy services for
   26  outpatient dispensing through the use of an automated pharmacy
   27  system that need not be located at the same location as the
   28  community pharmacy if all of the following requirements are met:
   29         (a) The automated pharmacy system is under the supervision
   30  and control of the community pharmacy.
   31         (b) The community pharmacy providing services through the
   32  automated pharmacy system notifies the board of the location of
   33  the automated pharmacy system and any changes in such location.
   34         (c) The automated pharmacy system is under the supervision
   35  and control of a pharmacist, as defined in s. 465.003 and
   36  licensed in this state, who is available and accessible for
   37  patient counseling before the dispensing of any medicinal drug.
   38         (d) The automated pharmacy system does not contain or
   39  dispense any controlled substances listed in Schedule II,
   40  Schedule III, Schedule IV, or Schedule V of s. 893.03 or 21
   41  U.S.C. s. 812.
   42         (e) The community pharmacy maintains a record of the
   43  medicinal drugs dispensed, including the identity of the
   44  pharmacist responsible for verifying the accuracy of the dosage
   45  and directions and providing patient counseling.
   46         (f) The automated pharmacy system ensures the
   47  confidentiality of personal health information.
   48         (3)(2) Medicinal drugs stored in bulk or unit of use in an
   49  automated pharmacy system servicing a long-term care facility,
   50  hospice, or correctional institution, or for outpatient
   51  dispensing, are part of the inventory of such the pharmacy
   52  providing pharmacy services to that facility, hospice, or
   53  institution, and medicinal drugs delivered by the automated
   54  pharmacy system are considered to have been dispensed by that
   55  pharmacy.
   56         (4)(3) The operation of an automated pharmacy system must
   57  be under the supervision of a Florida-licensed pharmacist
   58  licensed in this state. To qualify as a supervisor for an
   59  automated pharmacy system, the pharmacist need not be physically
   60  present at the site of the automated pharmacy system and may
   61  supervise the system electronically. The Florida-licensed
   62  pharmacist shall be required to develop and implement policies
   63  and procedures designed to verify that the medicinal drugs
   64  delivered by the automated dispensing system are accurate and
   65  valid and that the machine is properly restocked.
   66         (5)(4) The Legislature does not intend this section to
   67  limit the current practice of pharmacy in this state. This
   68  section is intended to allow automated pharmacy systems to
   69  enhance the ability of a pharmacist to provide pharmacy services
   70  in locations that do not employ a full-time pharmacist. This
   71  section does not limit or replace the use of a consultant
   72  pharmacist.
   73         (6)(5) The board shall adopt rules governing the use of an
   74  automated pharmacy systems system by January 1, 2005, which must
   75  include all of the following specify:
   76         (a) Recordkeeping requirements.;
   77         (b) Security requirements.; and
   78         (c) Labeling requirements that permit the use of unit-dose
   79  medications if the facility, hospice, or institution maintains
   80  medication-administration records that include directions for
   81  use of the medication and the automated pharmacy system
   82  identifies:
   83         1. The dispensing pharmacy.;
   84         2. The prescription number.;
   85         3. The name of the patient.; and
   86         4. The name of the prescribing practitioner.
   87         Section 2. This act shall take effect July 1, 2019.