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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to pharmacy; amending s. 465.003, 2
F.S.; revising the definition of the term "pharmacy" 3
to include remote-site pharmacies; revising 4
construction of the term "not present and on duty"; 5
amending s. 465.014, F.S.; authorizing registered 6
pharmacy technicians to handle the sales transactions 7
and delivery of dispensed drugs under certain 8
circumstances; providing an exception to certain 9
supervision limitations; amending s. 465.015, F.S.; 10
providing applicability; exempting certain registered 11
pharmacy technicians from specified prohibitions; 12
creating s. 465.0198, F.S.; defining terms; providing 13
for the permitting of remote -site pharmacies; 14
requiring that a licensed or consultant pharmacist 15
serve as the prescription department manager of a 16
remote-site pharmacy; requiring remote -site pharmacies 17
to notify the Department of Health of a change in the 18
pharmacy's prescription department manager within a 19
specified timeframe; providing requirements for 20
remote-site pharmacies; authorizing remote -site 21
pharmacies to store, hold, and dispense medicinal 22
drugs; prohibiting the dispensing of Schedule II 23
medications at remote -site pharmacies unless a 24
pharmacist is present; requiring prescription 25
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department managers to visit remote -site pharmacies, 26
based on a certain sche dule, to perform specified 27
tasks; prohibiting remote -site pharmacies from being 28
open when the supervising pharmacy is closed unless a 29
certain pharmacist is present or providing remote 30
supervision at the remote -site pharmacy; authorizing 31
the Board of Pharmacy to adopt specified rules; 32
amending s. 465.022, F.S.; exempting registered 33
pharmacists serving as prescription department 34
managers for remote-site pharmacies from certain 35
practice limitations; providing an effective date. 36
37
Be It Enacted by the Legisl ature of the State of Florida: 38
39
Section 1. Subsection (20) of section 465.003, Florida 40
Statutes, is amended to read: 41
465.003 Definitions. —As used in this chapter, the term: 42
(20)(a) "Pharmacy" includes a community pharmacy, an 43
institutional pharmacy , a nuclear pharmacy, a special pharmacy, 44
and an Internet pharmacy , and a remote-site pharmacy. 45
1. The term "community pharmacy" includes every location 46
where medicinal drugs are compounded, dispensed, stored, or sold 47
or where prescriptions are filled or dispensed on an outpatient 48
basis. 49
2. The term "institutional pharmacy" includes every 50
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location in a hospital, clinic, nursing home, dispensary, 51
sanitarium, extended care facility, or other facility, 52
hereinafter referred to as "health care institutions," where 53
medicinal drugs are compounded, dispensed, stored, or sold. 54
3. The term "nuclear pharmacy" includes every location 55
where radioactive drugs and chemicals within the classification 56
of medicinal drugs are compounded, dispensed, stored, or sold. 57
The term "nuclear pharmacy" does not include hospitals licensed 58
under chapter 395 or the nuclear medicine facilities of such 59
hospitals. 60
4. The term "special pharmacy" includes every location 61
where medicinal drugs are compounded, dispensed, stored, or sold 62
if such locations are not otherwise defined in this subsection. 63
5. The term "Internet pharmacy" includes locations not 64
otherwise licensed or issued a permit under this chapter, within 65
or outside this state, which use the Internet to communicate 66
with or obtain information from consumers in this state and use 67
such communication or information to fill or refill 68
prescriptions or to dispense, distribute, or otherwise engage in 69
the practice of pharmacy in this state. Any act described in 70
this definition constitute s the practice of the profession of 71
pharmacy. 72
6. The term "remote -site pharmacy" includes every location 73
where medicinal drugs are dispensed by a supervising pharmacist 74
as defined in s. 465.0198 who is remotely supervising a 75
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registered pharmacy technicia n handling the sales transactions 76
and delivery of the drugs. 77
(b) The pharmacy department of any permittee is shall be 78
considered closed whenever a Florida licensed pharmacist is not 79
present and on duty. The term "not present and on duty" may 80
shall not be construed to prevent any of the following: 81
1. A pharmacist from exiting the prescription department 82
for the purposes of consulting or responding to inquiries or 83
providing assistance to patients or customers . 84
2. A pharmacist from , attending to personal hygiene needs. 85
3. A pharmacist from , or performing any other function for 86
which the pharmacist is responsible, provided that such 87
activities are conducted in a manner consistent with the 88
pharmacist's responsibility to provide pharmacy services. 89
4. A supervising pharmacist as defined in s. 465.0198, 90
acting in the capacity of a prescription department manager, 91
from remotely supervising a registered pharmacy technician at a 92
remote-site pharmacy. 93
Section 2. Subsection (1) of section 465.014, Florida 94
Statutes, is amended to read: 95
465.014 Pharmacy technician. — 96
(1) A person other than a licensed pharmacist or pharmacy 97
intern may not engage in the practice of the profession of 98
pharmacy, except that a licensed pharmacist may delegate to 99
pharmacy technicians who are registered pursuant to this section 100
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those duties, tasks, and functions that do not fall within the 101
purview of s. 465.003 , and a registered pharmacy technician 102
operating under remote supervision of a supervising pharmacist 103
as defined in s. 465. 0198 may handle the sales transactions and 104
delivery of the dispensed drugs . All such delegated acts must be 105
performed under the direct supervision of a licensed pharmacist 106
who is responsible for all such acts performed by persons under 107
his or her supervisi on. A registered pharmacy technician, under 108
the supervision of a pharmacist, may initiate or receive 109
communications with a practitioner or his or her agent, on 110
behalf of a patient, regarding refill authorization requests. A 111
licensed pharmacist may not supe rvise more than one registered 112
pharmacy technician, except as provided in s. 465.0198 or unless 113
otherwise permitted by the guidelines adopted by the board. The 114
board shall establish guidelines to be followed by licensees or 115
permittees in determining the ci rcumstances under which a 116
licensed pharmacist may supervise more than one pharmacy 117
technician. 118
Section 3. Paragraph (b) of subsection (1) and paragraph 119
(b) of subsection (2) of section 465.015, Florida Statutes, are 120
amended to read: 121
465.015 Violations and penalties.— 122
(1) It is unlawful for any person to own, operate, 123
maintain, open, establish, conduct, or have charge of, either 124
alone or with another person or persons, a pharmacy: 125
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(b) In which a person not licensed as a pharmacist in this 126
state or not registered as an intern in this state or in which 127
an intern who is not acting under the direct and immediate 128
personal supervision of a licensed pharmacist fills, compounds, 129
or dispenses any prescription or dispenses medicinal drugs. This 130
paragraph does not apply to any person who owns, operates, 131
maintains, opens, establishes, conducts, or has charge of a 132
remote-site pharmacy under s. 465.0198. 133
(2) It is unlawful for any person: 134
(b) To fill, compound, or dispense prescriptions or to 135
dispense medicinal drugs if such person does not hold an active 136
license as a pharmacist in this state, is not registered as an 137
intern in this state, or is an intern not acting under the 138
direct and immediate personal supervision of a licensed 139
pharmacist, or is not a registe red pharmacy technician at a 140
remote-site pharmacy who is acting under remote supervision of a 141
licensed pharmacist pursuant to s. 465.0198 . 142
Section 4. Section 465.0198, Florida Statutes, is created 143
to read: 144
465.0198 Remote-site pharmacy permits. — 145
(1) As used in this section, the term: 146
(a) "Supervising pharmacist" means a pharmacist licensed 147
in this state who is employed by or under contract with a 148
pharmacy licensed in this state and who remotely supervises 149
registered pharmacy technicians at a remot e-site pharmacy at a 150
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maximum ratio of one pharmacist to up to six registered pharmacy 151
technicians. 152
(b) "Supervising pharmacy" means a pharmacy licensed in 153
this state which employs or contracts with a pharmacist licensed 154
in this state who remotely supervi ses a registered pharmacy 155
technician at a remote -site pharmacy at a ratio of one 156
pharmacist to up to six registered pharmacy technicians. 157
(c) "Telepharmacy" means the practice of pharmacy by a 158
pharmacist located in this state using telecommunications or 159
other automations and technologies to provide or supervise the 160
provision of pharmacy services to patients and their agents who 161
are located at sites other than where the pharmacist is located, 162
including dispensing of prescriptions to and counseling of 163
patients. 164
(2) Any person desiring a permit to operate a remote -site 165
pharmacy must apply to the department. If the board certifies 166
that the application complies with the laws and rules of the 167
board, the department must issue the permit. A permit may not be 168
issued unless a licensed pharmacist or consultant pharmacist is 169
designated as the prescription department manager responsible 170
for the oversight of the remote -site pharmacy. The permittee 171
must notify the department within 10 days after any change of 172
the prescription department manager. 173
(3) A remote-site pharmacy must comply with all of the 174
following: 175
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(a) Be jointly owned by or operated under a contract with 176
a supervising pharmacy. 177
(b) Be open between the hours of 7 p.m. to 9 a.m., in 178
accordance with subse ction (6). 179
(c) Maintain a video surveillance system that records 180
continuously 24 hours a day, 7 days a week, and retain video 181
surveillance recordings for at least 30 days. 182
(d) Display a sign visible to the public indicating that 183
the location is a remot e-site pharmacy and that the facility is 184
under 24-hour video surveillance. 185
(e) Maintain a policies and procedures manual, which must 186
be made available to the board or its agent upon request and 187
must include, but need not be limited to, all of the following: 188
1. A description of how the remote -site pharmacy will 189
comply with federal and state laws and rules. 190
2. The procedures for supervising the remote -site pharmacy 191
and counseling its patients. 192
3. The procedures for reviewing the prescription dr ug 193
inventory and drug records maintained by the remote -site 194
pharmacy. 195
4. The policies and procedures for providing security 196
adequate to protect the confidentiality and integrity of patient 197
information. 198
5. The written plan for recovery from an event tha t 199
interrupts or prevents the prescription department manager from 200
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supervising the remote -site pharmacy's operation. 201
6. The procedures for use of the state prescription drug 202
monitoring program by the prescription department manager before 203
he or she may authorize the dispensing of any controlled 204
substance. 205
7. The procedures for maintaining a perpetual inventory of 206
the controlled substances listed in Schedule II of s. 893.03. 207
8. The specific duties, tasks, and functions that 208
registered pharmacy technicians are authorized to perform at the 209
remote-site pharmacy. 210
(4) A remote-site pharmacy may store, hold, or dispense 211
any medicinal drug, including proprietary drugs and controlled 212
substances. However, a remote -site pharmacy may not dispense 213
Schedule II controlled substances listed in s. 893.03 unless a 214
pharmacist is present at the remote -site pharmacy. 215
(5) The prescription department manager must visit the 216
remote-site pharmacy, based on a schedule determined by the 217
board, to inspect the pharmacy, address personnel matters, and 218
provide clinical services for patients. 219
(6) A remote-site pharmacy may only be open when the 220
supervising pharmacy is open, unless a pharmacist employed by or 221
under contract with the supervising pharmacy, or a pharmacy 222
under contract with the supervising pharmacy, is present at the 223
remote-site pharmacy or is providing remote supervision as 224
required under this section. 225
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(7) The board may adopt rules as necessary to specify 226
additional criteria for a remote -site pharmacy. Any a dditional 227
criteria adopted by the board must be limited to rules 228
concerning one or more of the following: 229
(a) Application requirements. 230
(b) Structural and equipment requirements. 231
(c) Training requirements. 232
(d) Inventory recordkeeping and storage re quirements. 233
Section 5. Paragraph (c) of subsection (11) of section 234
465.022, Florida Statutes, is amended to read: 235
465.022 Pharmacies; general requirements; fees. — 236
(11) A permittee must notify the department of the 237
identity of the prescription depar tment manager within 10 days 238
after employment. The prescription department manager must 239
comply with the following requirements: 240
(c) A registered pharmacist may not serve as the 241
prescription department manager in more than one location , 242
except when acting as a prescription department manager under s. 243
465.0198, unless approved by the board. 244
Section 6. This act shall take effect July 1, 2025. 245