Florida Senate - 2026                                     SB 868
       
       
        
       By Senator Sharief
       
       
       
       
       
       35-01084-26                                            2026868__
    1                        A bill to be entitled                      
    2         An act relating to practice of the profession of
    3         pharmacy; amending s. 465.003, F.S.; revising the
    4         definition of the term “practice of the profession of
    5         pharmacy”; creating s. 465.1894, F.S.; authorizing
    6         pharmacists who meet specified criteria to, at the
    7         direction of a licensed physician, administer
    8         medications at a Level I or Level II trauma center
    9         under certain circumstances; requiring trauma centers
   10         to retain certain documentation to employ pharmacists
   11         to perform such tasks; requiring the Board of Pharmacy
   12         to adopt rules; reenacting ss. 465.1901 and
   13         626.8825(1)(r), F.S., relating to the practice of
   14         orthotics and pedorthics and pharmacy benefit manager
   15         transparency and accountability, respectively, to
   16         incorporate the amendment made by this act to s.
   17         465.003, F.S., in references thereto; providing an
   18         effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (22) of section 465.003, Florida
   23  Statutes, is amended to read:
   24         465.003 Definitions.—As used in this chapter, the term:
   25         (22) “Practice of the profession of pharmacy” includes
   26  compounding, dispensing, and consulting concerning contents,
   27  therapeutic values, and uses of any medicinal drug; consulting
   28  concerning therapeutic values and interactions of patent or
   29  proprietary preparations, whether pursuant to prescriptions or
   30  in the absence and entirely independent of such prescriptions or
   31  orders; and conducting other pharmaceutical services. For
   32  purposes of this subsection, the term “other pharmaceutical
   33  services” means monitoring the patient’s drug therapy and
   34  assisting the patient in the management of his or her drug
   35  therapy, and includes reviewing, and making recommendations
   36  regarding, the patient’s drug therapy and health care status in
   37  communication with the patient’s prescribing health care
   38  provider as licensed under chapter 458, chapter 459, chapter
   39  461, or chapter 466, or a similar statutory provision in another
   40  jurisdiction, or such provider’s agent or such other persons as
   41  specifically authorized by the patient; and initiating,
   42  modifying, or discontinuing drug therapy for a chronic health
   43  condition under a collaborative pharmacy practice agreement.
   44  This subsection may not be interpreted to permit an alteration
   45  of a prescriber’s directions, the diagnosis or treatment of any
   46  disease, the initiation of any drug therapy, the practice of
   47  medicine, or the practice of osteopathic medicine, unless
   48  otherwise permitted by law or specifically authorized by s.
   49  465.1865 or s. 465.1895. The term “practice of the profession of
   50  pharmacy” also includes any other act, service, operation,
   51  research, or transaction incidental to, or forming a part of,
   52  any of the foregoing acts, requiring, involving, or employing
   53  the science or art of any branch of the pharmaceutical
   54  profession, study, or training, and shall expressly permit a
   55  pharmacist to transmit information from persons authorized to
   56  prescribe medicinal drugs to their patients. The practice of the
   57  profession of pharmacy also includes the administration of
   58  vaccines to adults pursuant to s. 465.189; the testing or
   59  screening for and treatment of minor, nonchronic health
   60  conditions pursuant to s. 465.1895; and the preparation of
   61  prepackaged drug products in facilities holding Class III
   62  institutional pharmacy permits. The term also includes the
   63  ordering and evaluating of any laboratory or clinical testing;
   64  conducting patient assessments; and modifying, discontinuing, or
   65  administering medicinal drugs pursuant to s. 465.0125 by a
   66  consultant pharmacist. The term also includes the ordering and
   67  administration of the federal Clinical Laboratory Improvement
   68  Amendments-waived tests, including serology tests authorized by
   69  the United States Food and Drug Administration (FDA) or an
   70  equivalent regulatory authorization, subject to the disclaimers
   71  and limitations required by the FDA for such tests.
   72         Section 2. Section 465.1894, Florida Statutes, is created
   73  to read:
   74         465.1894Administration of medications.—
   75         (1)A pharmacist, at the direction of a physician licensed
   76  under chapter 458 or chapter 459, who meets the following
   77  qualifications may administer medications to a patient during a
   78  life-threatening emergency event at a Level I or Level II trauma
   79  center when delegated to perform such task:
   80         (a)The pharmacist has completed an accredited postgraduate
   81  residency training program; or
   82         (b)The pharmacist has completed at least 3 years of direct
   83  patient care in a hospital setting.
   84  
   85  Each trauma center must retain on record documentation of a
   86  pharmacist’s qualification under paragraph (a) or paragraph (b)
   87  to perform such tasks before employing the pharmacist to
   88  administer medication under this subsection.
   89         (2)The board shall adopt rules to administer this section.
   90         Section 3. For the purpose of incorporating the amendment
   91  made by this act to section 465.003, Florida Statutes, in a
   92  reference thereto, section 465.1901, Florida Statutes, is
   93  reenacted to read:
   94         465.1901 Practice of orthotics and pedorthics.—The
   95  provisions of chapter 468 relating to orthotics or pedorthics do
   96  not apply to any licensed pharmacist or to any person acting
   97  under the supervision of a licensed pharmacist. The practice of
   98  orthotics or pedorthics by a pharmacist or any of the
   99  pharmacist’s employees acting under the supervision of a
  100  pharmacist shall be construed to be within the meaning of the
  101  term “practice of the profession of pharmacy” as defined in s.
  102  465.003, and shall be subject to regulation in the same manner
  103  as any other pharmacy practice. The Board of Pharmacy shall
  104  develop rules regarding the practice of orthotics and pedorthics
  105  by a pharmacist. Any pharmacist or person under the supervision
  106  of a pharmacist engaged in the practice of orthotics or
  107  pedorthics is not precluded from continuing that practice
  108  pending adoption of these rules.
  109         Section 4. For the purpose of incorporating the amendment
  110  made by this act to section 465.003, Florida Statutes, in a
  111  reference thereto, paragraph (r) of subsection (1) of section
  112  626.8825, Florida Statutes, is reenacted to read:
  113         626.8825 Pharmacy benefit manager transparency and
  114  accountability.—
  115         (1) DEFINITIONS.—As used in this section, the term:
  116         (r) “Pharmacist services” means products, goods, and
  117  services or any combination of products, goods, and services
  118  provided as part of the practice of the profession of pharmacy
  119  as defined in s. 465.003 or otherwise covered by a pharmacy
  120  benefits plan or program.
  121         Section 5. This act shall take effect July 1, 2026.