Legal Updates

The Florida Board of Pharmacy in an effort to allow for transition of the CE requirements stated that it will not discipline pharmacists who are compliant with their CE requirements either on a calendar year basis or the biennial licensure year for the 2003 renewals.

See table on right for details.

If your license expires on dates other than Sept 30th use the two-year period from the date of expiration as your guide. Also CE requirements for HIV/AIDS, Medication Errors, end of life/palliative care and live continuing education fall under the PS renewal obligations.

BILL #1: SB 1838 Pharmacy Common Database Full Text Here

This bill authorizes the dispensing or refilling of a prescription through a common database and does not require the transfer of a prescription for a Schedule II drug if the pharmacies share a common database.

With the elimination of subsection 465.026(7), F.S., the bill creates a new section of statute that authorizes the dispensing or refilling of a prescription on file in a pharmacy located in Florida or in another state by a pharmacist licensed in their respective states without requiring the transfer of the prescription if all of the following conditions are met:

• All pharmacies are under common ownership and utilize a common database;
• Participating pharmacies are properly licensed, permitted, or registered in their respective states;
• The common database maintains a record of all pharmacists involved in the dispensing process.
• Pharmacy owner must maintain a policy and procedure manual and must include the following information:
  • a. Best practices model showing how pharmacist and pharmacy will comply with federal and state regulations;
  • b. A procedure that maintains records for regulatory oversight for tracking a prescription at each state of filling and dispensing process; a procedure that maintains records for regulatory oversight for identification of the pharmacists involved in filling, dispensing and counseling; a procedure that maintains records to respond to any requests made by the Board;
  • c. A policy and procedure for providing adequate security to protect the confidentiality and integrity of patient information; and
  • d. The pharmacy’s quality assurance program designed to objectively and systematically monitor, evaluate, and improve the quality and appropriateness of patient care through the use of the common database.

Continuing education requirements for Board of Pharmacy licenses are changed as follows:
• HIV/AIDS CE is now only one-time, and must be completed prior to the first renewal.
• The Board will be promulgating rules to reflect the number of hours required with the change in the statute.

• Places confidentiality and disclosure requirements on employers of health care practitioners and records custodians,
• Provides what data is required on electronic prescriptions,
• Prohibits software that attempts to influence pharmacy choice decisions in electronic prescribing, and
• Provides for practitioners to identify medical necessary name brands in electronic prescriptions.

• Requires all health insurers, managed care organizations, and other entities that are licensed by the Office of Insurance Regulation waive time restrictions on prescription medication refills, which include “refill to soon” edits.
• Provides conditions that a pharmacist may dispense emergency refills during a declared emergency.

• Creates the Cancer Drug Donation Program. Hospital pharmacies may receive donated prescription cancer drugs and supplies and dispense to persons not covered by federal programs, Medicaid, other state funded programs, or third-party insurers who meet certain eligibility requirements.
• This bill also amends the prescription drug pedigree requirements of the Florida Drug and Cosmetic Act found in Chapter 499, Florida Statutes.