Florida Senate - 2020                              CS for SB 708
       
       
        
       By the Committee on Health Policy; and Senator Hutson
       
       
       
       
       
       588-02265-20                                           2020708c1
    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 an automated pharmacy system
    7         for outpatient dispensing are part of the inventory of
    8         the pharmacy providing services through such system;
    9         requiring the Board of Pharmacy to adopt rules;
   10         providing an 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, which
   25  is licensed in this state may provide pharmacy services for
   26  outpatient dispensing through the use of an automated pharmacy
   27  system if:
   28         (a) The automated pharmacy system is located inside the
   29  community pharmacy’s pharmacy department or is located inside
   30  the same establishment as the community pharmacy.
   31         (b) The automated pharmacy system is under the supervision
   32  and control of the community pharmacy.
   33         (c) The community pharmacy providing services through the
   34  automated pharmacy system notifies the board of the location of
   35  the automated pharmacy system and any changes in such location.
   36         (d) The automated pharmacy system is under the supervision
   37  and control of a pharmacist, as defined in s. 465.003, who is
   38  licensed in this state and is available and accessible for
   39  patient counseling before the dispensing of any medicinal drug.
   40         (e) The automated pharmacy system does not contain or
   41  dispense any controlled substances listed in s. 893.03 or 21
   42  U.S.C. s. 812.
   43         (f) The community pharmacy maintains a record of the
   44  medicinal drugs dispensed, including the identity of the
   45  pharmacist responsible for verifying the accuracy of the dosage
   46  and directions and providing patient counseling.
   47         (g) The automated pharmacy system ensures the
   48  confidentiality of personal health information.
   49         (3)(2) Medicinal drugs stored in bulk or unit of use in an
   50  automated pharmacy system servicing a long-term care facility,
   51  hospice, or correctional institution, or for outpatient
   52  dispensing, are part of the inventory of the pharmacy providing
   53  pharmacy services to that facility, hospice, or institution, or
   54  for outpatient dispensing, and medicinal drugs delivered by the
   55  automated pharmacy system are considered to have been dispensed
   56  by that pharmacy.
   57         (4)(3) The operation of an automated pharmacy system must
   58  be under the supervision of a Florida-licensed pharmacist
   59  licensed in this state. To qualify as a supervisor for an
   60  automated pharmacy system, the pharmacist need not be physically
   61  present at the site of the automated pharmacy system and may
   62  supervise the system electronically. The Florida-licensed
   63  pharmacist shall be required to develop and implement policies
   64  and procedures designed to verify that the medicinal drugs
   65  delivered by the automated pharmacy dispensing system are
   66  accurate and valid and that the machine is properly restocked.
   67         (5)(4) The Legislature does not intend for this section to
   68  limit the current practice of pharmacy in this state. This
   69  section is intended to allow automated pharmacy systems to
   70  enhance the ability of a pharmacist to provide pharmacy services
   71  in locations that do not employ a full-time pharmacist. This
   72  section does not limit or replace the use of a consultant
   73  pharmacist.
   74         (6)(5) The board shall adopt rules governing the use of an
   75  automated pharmacy systems system by January 1, 2005, which must
   76  include specify:
   77         (a) Recordkeeping requirements.;
   78         (b) Security requirements.; and
   79         (c) Labeling requirements that permit the use of unit-dose
   80  medications if the facility, hospice, or institution maintains
   81  medication-administration records that include directions for
   82  use of the medication and the automated pharmacy system
   83  identifies:
   84         1. The dispensing pharmacy.;
   85         2. The prescription number.;
   86         3. The name of the patient.; and
   87         4. The name of the prescribing practitioner.
   88         Section 2. This act shall take effect July 1, 2020.