ENROLLED
2021 Legislature CS for SB 262
2021262er
1
2 An act relating to dispensing medicinal drugs;
3 amending s. 465.019, F.S.; authorizing certain
4 hospitals to dispense supplies of prescribed medicinal
5 drugs in a specified amount to emergency department
6 patients or inpatients upon discharge under certain
7 circumstances; authorizing a greater specified supply
8 of medicinal drugs to be prescribed and dispensed in
9 areas in which a state of emergency has been declared
10 and is in effect; authorizing a prescriber to provide
11 a patient with a prescription for medicinal drugs
12 beyond the initial prescription period under certain
13 circumstances; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (4) of section 465.019, Florida
18 Statutes, is amended to read:
19 465.019 Institutional pharmacies; permits.—
20 (4)(a) Medicinal drugs shall be dispensed in an
21 institutional pharmacy to outpatients only when that institution
22 has secured a community pharmacy permit from the department.
23 However, an individual licensed to prescribe medicinal drugs in
24 this state may be dispensed by dispense up to a 24-hour supply
25 of a medicinal drug to any patient of an emergency department of
26 a hospital that operates a Class II or Class III institutional
27 pharmacy to a patient of the hospital′s emergency department or
28 a hospital inpatient upon discharge if a prescriber, as defined
29 in s. 465.025(1), provided that the physician treating the
30 patient in such hospital hospital’s emergency department
31 determines that the medicinal drug is warranted and that
32 community pharmacy services are not readily accessible,
33 geographically or otherwise, to the patient. Such prescribing
34 and dispensing from the emergency department must be in
35 accordance with the procedures of the hospital must be for a
36 supply of the drug that will last for the greater of the
37 following:
38 1. Up to 48 hours; or
39 2. Through the end of the next business day.
40 (b) Notwithstanding subparagraph (a)1., if a state of
41 emergency has been declared and is in effect for an area of this
42 state pursuant to s. 252.36, a supply of a medicinal drug which
43 will last up to 72 hours may be prescribed and dispensed under
44 paragraph (a) in that area For any such patient for whom a
45 medicinal drug is warranted for a period to exceed 24 hours, an
46 individual licensed to prescribe such drug must dispense a 24
47 hour supply of such drug to the patient and must provide the
48 patient with a prescription for such drug for use after the
49 initial 24-hour period.
50 (c) A prescriber as defined in s. 465.025(1) who prescribes
51 medicinal drugs under this subsection may provide the patient
52 with a prescription for such drug for use beyond the initial
53 prescription period if the prescriber determines that such use
54 is warranted. Any prescribing or dispensing of a controlled
55 substance under this subsection must comply with the applicable
56 requirements of ss. 456.44 and 465.0276.
57 (d) The board may adopt rules necessary to implement carry
58 out the provisions of this subsection.
59 Section 2. This act shall take effect July 1, 2021.