Bill Amendment: FL H1115 | 2019 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Dispensing Medicinal Drugs
Status: 2019-05-03 - Died in returning Messages [H1115 Detail]
Download: Florida-2019-H1115-Senate_Floor_S_Amend_to_H_Amend_to_S_Amend_489627_480872.html
Bill Title: Dispensing Medicinal Drugs
Status: 2019-05-03 - Died in returning Messages [H1115 Detail]
Download: Florida-2019-H1115-Senate_Floor_S_Amend_to_H_Amend_to_S_Amend_489627_480872.html
Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS for CS for HB 1115 Ì4808728Î480872 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Harrell moved the following: 1 Senate Amendment to House Amendment (489627) to Senate 2 Amendment (with title amendment) 3 4 Delete lines 8 - 103 5 and insert: 6 (4)(a) Medicinal drugs shall be dispensed in an 7 institutional pharmacy to outpatients only when that institution 8 has secured a community pharmacy permit from the department. 9 However,an individual licensed to prescribemedicinal drugsin10this statemay be dispensed bydispense up to a 24-hour supply11of a medicinal drug to any patient of an emergency department of12 a hospital that operates a Class II or Class III institutional 13 pharmacy to a patient of the hospital’s emergency department or 14 a hospital inpatient upon discharge, if a prescriberprovided15that the physiciantreating the patient in such hospital 16hospital’s emergency departmentdetermines that the medicinal 17 drug is warranted and that community pharmacy services are not 18 readily accessible, geographically or otherwise, to the patient. 19 Such prescribing and dispensingfrom the emergency department20must be in accordance with the procedures of the hospital. For21any such patient for whom a medicinal drug is warranted for a22period to exceed 24 hours, an individual licensed to prescribe23such drugmust be for the greater ofdispensea 24-hour supply 24 of such drug or a supply of such drug which must last the 25 patient until the next business day,to the patientand the 26 prescriber must provide the patient with a prescription for such 27 drug for use after suchtheinitial24-hourperiod. 28 (b) Notwithstanding paragraph (a), if a state of emergency 29 has been declared for an area of the state pursuant to s. 30 252.36, an individual licensed to prescribe medicinal drugs in 31 this state may dispense up to a 72-hour supply of a medicinal 32 drug to any patient of, or patient discharged from, an emergency 33 department of a hospital located in that area which operates a 34 Class II or Class III institutional pharmacy, provided that the 35 physician who is treating the patient in such hospital’s 36 emergency department, or who is treating the discharged patient, 37 determines that the medicinal drug is warranted and that 38 community pharmacy services are not readily accessible, 39 geographically or otherwise, to the patient. Such dispensing 40 from the emergency department to any patient, including a 41 discharged patient, must be in accordance with the procedures of 42 the hospital. For any such patient for whom a medicinal drug is 43 warranted for a period to exceed 72 hours, an individual 44 licensed to prescribe such drug shall dispense a 72-hour supply 45 of such drug to the patient and shall provide the patient with a 46 prescription for such drug for use after the initial 72-hour 47 period. 48 (c) The board may adopt rulesnecessaryto implementcarry49out the provisions ofthis subsection. 50 Section 2. Section 465.0235, Florida Statutes, is amended 51 to read: 52 465.0235 Automated pharmacy systems used by long-term care 53 facilities, hospices, or state correctional institutions or for 54 outpatient dispensing.— 55 (1) A pharmacy may provide pharmacy services to a long-term 56 care facility or hospice licensed under chapter 400 or chapter 57 429 or a state correctional institution operated under chapter 58 944 through the use of an automated pharmacy system that need 59 not be located at the same location as the pharmacy. 60 (2) A community pharmacy, as defined in s. 465.003 and 61 licensed in this state, may provide pharmacy services for 62 outpatient dispensing through the use of an automated pharmacy 63 system that need not be located at the same location as the 64 community pharmacy if: 65 (a) The automated pharmacy system is under the supervision 66 and control of the community pharmacy; 67 (b) The community pharmacy providing services through the 68 automated pharmacy system notifies the board of the location of 69 the automated pharmacy system and any changes in such location; 70 (c) The automated pharmacy system is under the supervision 71 and control of a pharmacist, as defined in s. 465.003 and 72 licensed in this state, who is available and accessible for 73 patient counseling before the dispensing of any medicinal drug; 74 (d) The automated pharmacy system does not contain or 75 dispense any controlled substances listed in Schedule II, 76 Schedule III, Schedule IV, or Schedule V of s. 893.03 or 21 77 U.S.C. s. 812; 78 (e) Any prescription drug dispensed through the automated 79 pharmacy system must be dispensed for the refill of a 80 prescription that was initially filled through an in-person 81 encounter with a pharmacist or other person authorized under 82 this chapter to dispense the drug in the community pharmacy; 83 (f) The community pharmacy maintains a record of the 84 medicinal drugs dispensed, including the identity of the 85 pharmacist responsible for verifying the accuracy of the dosage 86 and directions and providing patient counseling; and 87 (g) The automated pharmacy system ensures the 88 confidentiality of personal health information. 89 (3)(2)Medicinal drugs stored in bulk or unit of use in an 90 automated pharmacy system servicing a long-term care facility, 91 hospice, or correctional institution, or for outpatient 92 dispensing, are part of the inventory of the pharmacy providing 93 pharmacy services to that facility, hospice, or institution, or 94 for outpatient dispensing, and medicinal drugs delivered by the 95 automated pharmacy system are considered to have been dispensed 96 by that pharmacy. 97 (4)(3)The operation of an automated pharmacy system must 98 be under the supervision of aFlorida-licensedpharmacist 99 licensed in this state. To qualify as a supervisor for an 100 automated pharmacy system, the pharmacist need not be physically 101 present at the site of the automated pharmacy system and may 102 supervise the system electronically. TheFlorida-licensed103 pharmacist shall be required to develop and implement policies 104 and procedures designed to verify that the medicinal drugs 105 delivered by the automated dispensing system are accurate and 106 valid and that the machine is properly restocked. 107 (5)(4)The Legislature does not intend this section to 108 limit the current practice of pharmacy in this state. This 109 section is intended to allow automated pharmacy systems to 110 enhance the ability of a pharmacist to provide pharmacy services 111 in locations that do not employ a full-time pharmacist. This 112 section does not limit or replace the use of a consultant 113 pharmacist. 114 (6)(5)The board shall adopt rules governing the use ofan115 automated pharmacy systemssystem by January 1, 2005, which must 116 includespecify: 117 (a) Recordkeeping requirements; 118 (b) Security requirements; and 119 (c) Labeling requirements that permit the use of unit-dose 120 medications if the facility, hospice, or institution maintains 121 medication-administration records that include directions for 122 use of the medication and the automated pharmacy system 123 identifies: 124 1. The dispensing pharmacy; 125 2. The prescription number; 126 3. The name of the patient; and 127 128 ================= T I T L E A M E N D M E N T ================ 129 And the title is amended as follows: 130 Delete line 392 131 and insert: 132 a hospital under certain circumstances; authorizing 133 such individuals to dispense a 72-hour supply of such 134 drugs if a state of emergency has been declared in the 135 area; authorizing such individuals to provide 136 prescriptions for an additional supply of such drugs 137 under certain circumstances; amending s.