Florida 2020 Regular Session Status: Enacted

HB 59 — Automated Pharmacy Systems

Last action — Chapter No. 2020-124

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced August 14, 2019. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Automated Pharmacy Systems; Authorizes community pharmacy to use automated pharmacy system; provides certain medicinal drugs stored in automated pharmacy system for outpatient dispensing are part of inventory of pharmacy providing services through such system; requires community pharmacies to adopt policies & procedures.

Bill Text

What changed in the latest version

93 added · 160 removed

93 line(s) added, 160 removed.

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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 CS/CS/HB 59 2020 A bill to be entitled An act relating to automated pharmacy systems;
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 CS/HB 59 2020 A bill to be entitled An act relating to automated pharmacy systems;
providing that certain medicinal drugs stored in an automated pharmacy system for outpatient dispensing are part of the inventory of the pharmacy providing services through such system;
providing that certain medicinal drugs stored in such system for outpatient dispensing are part of the inventory of the pharmacy providing services through such system;
requiring community pharmacies to adopt certain policies and procedures;
requiring the Board of Pharmacy to adopt rules;
authorizing, rather than requiring, the Board of Pharmacy to adopt specified rules;
deleting an obsolete date;
465.0235 Automated pharmacy systems used by long-term care facilities, hospices, or state correctional institutions, or for outpatient dispensing.— (1) A pharmacy may provide pharmacy services to a long- term care facility or hospice licensed under chapter 400 or chapter 429 or a state correctional institution operated under chapter 944 through the use of an automated pharmacy system that Page 1 of 6 CODING:
465.0235 Automated pharmacy systems used by long-term care facilities, hospices, or state correctional institutions, or for outpatient dispensing.— (1) A pharmacy may provide pharmacy services to a long- term care facility or hospice licensed under chapter 400 or chapter 429 or a state correctional institution operated under chapter 944 through the use of an automated pharmacy system that need not be located at the same location as the pharmacy.
(2) A community pharmacy, as defined in s.
465.003 and licensed in this state, may provide pharmacy services for Page 1 of 4 CODING:
hb0059-02-c2 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 CS/CS/HB 59 2020 need not be located at the same location as the pharmacy.
hb0059-01-c1 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 CS/HB 59 2020 outpatient dispensing through the use of an automated pharmacy system that need not be located at the same location as the community pharmacy if:
(2) A community pharmacy, as defined in s.
465.003 and licensed in this state, may provide pharmacy services for outpatient dispensing through the use of an automated pharmacy system that need not be located at the same location as the community pharmacy if:
(b) The automated pharmacy system is housed in an indoor environment area and in a location to increase patients' access to their prescriptions, including, but not limited to, medical facilities, places of business where essential goods and commodities are sold, rural areas of the state, large employer workplaces, and locations where access to a community pharmacy is limited.
(b) The community pharmacy providing services through the automated pharmacy system notifies the board of the location of the automated pharmacy system and any changes in such location.
(c) The community pharmacy providing services through the automated pharmacy system notifies the board of the location of the automated pharmacy system and any changes in such location.
(c) The automated pharmacy system is under the supervision and control of a pharmacist, as defined in s.
(d) The automated pharmacy system has a mechanism that provides live, real-time patient counseling by a pharmacist, as defined in s.
465.003 and licensed in this state, who is available and accessible for patient counseling before the dispensing of any medicinal drug.
465.003 and licensed in this state, before the dispensing of any medicinal drug.
(d) The automated pharmacy system does not contain or dispense any controlled substance listed in s.
(e) The automated pharmacy system does not contain or dispense any controlled substance listed in s.
Page 2 of 6 CODING:
(e) The community pharmacy maintains a record of the medicinal drugs dispensed, including the identity of the pharmacist responsible for verifying the accuracy of the dosage and directions and providing patient counseling.
(f) The automated pharmacy system ensures the confidentiality of personal health information.
(3)(2) Medicinal drugs stored in bulk or unit of use in an automated pharmacy system servicing a long-term care facility, hospice, or correctional institution, or for outpatient dispensing, are part of the inventory of the pharmacy providing Page 2 of 4 CODING:
hb0059-02-c2 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 CS/CS/HB 59 2020 (f) The community pharmacy maintains a record of the medicinal drugs dispensed, including the identity of the pharmacist responsible for verifying the accuracy of the dosage and directions and providing patient counseling.
hb0059-01-c1 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 CS/HB 59 2020 pharmacy services to that facility, hospice, or institution, or for outpatient dispensing, and medicinal drugs delivered by the automated pharmacy system are considered to have been dispensed by that pharmacy.
(g) The automated pharmacy system ensures the confidentiality of personal health information.
(h) The community pharmacy maintains written policies and procedures to ensure the proper, safe, and secure functioning of the automated pharmacy system.
The community pharmacy shall annually review the policies and procedures and maintain a record of such policies and procedures for a minimum of 4 years.
The annual review must be documented in the community pharmacy's records and must be made available to the board upon request.
The policies and procedures must, at a minimum, address all of the following:
1.
Maintaining the automated pharmacy system and any accompanying electronic verification process in good working order.
2.
Ensuring the integrity of the automated pharmacy system's drug identifier database and its ability to identify the person responsible for making database entries.
3.
Ensuring the accurate filling, stocking, restocking, and verification of the automated pharmacy system.
4.
Ensuring the sanitary operation of the automated pharmacy system and the prevention of cross-contamination of Page 3 of 6 CODING:
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words underlined are additions.
hb0059-02-c2 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 CS/CS/HB 59 2020 cells, cartridges, containers, cassettes, or packages.
5.
Testing the accuracy of the automated pharmacy system and any accompanying electronic verification process.
The automated pharmacy system and accompanying electronic verification process must, at a minimum, be tested before the first use of the system, upon restarting the system, and after a modification of the system or electronic verification process which alters the filling, stocking, or restocking of the system or the electronic verification process.
6.
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Training of persons authorized to access, stock, restock, or use the system.
7.
Conducting routine and preventative maintenance of the automated pharmacy system, including calibration of the system, if applicable.
8.
Removing expired, adulterated, misbranded, or recalled medicinal drugs from the automated pharmacy system.
9.
Preventing unauthorized persons from accessing the automated pharmacy system, including assigning, discontinuing, or modifying security access.
10.
Identifying and recording persons responsible for filling, stocking, and restocking the automated pharmacy system.
11.
Ensuring compliance with state and federal law, including, but not limited to, all applicable labeling, storage, and security requirements.
12.
Maintaining an ongoing quality assurance program that Page 4 of 6 CODING:
Words stricken are deletions;
words underlined are additions.
hb0059-02-c2 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 CS/CS/HB 59 2020 monitors and records performance of the automated pharmacy system and any accompanying electronic verification process to ensure proper and accurate functioning, including tracking and documenting system errors.
A community pharmacy must maintain such records for a minimum of 4 years and must make such records available to the board upon request.
(3)(2) Medicinal drugs stored in bulk or unit of use in an automated pharmacy system servicing a long-term care facility, hospice, or correctional institution, or for outpatient dispensing, are part of the inventory of the pharmacy providing pharmacy services to that facility, hospice, or institution, or for outpatient dispensing, and medicinal drugs delivered by the automated pharmacy system are considered to have been dispensed by that pharmacy.
(5)(4) The Legislature does not intend for this section to Page 5 of 6 CODING:
(5)(4) The Legislature does not intend for this section to limit the current practice of pharmacy in this state.
Words stricken are deletions;
words underlined are additions.
hb0059-02-c2 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 CS/CS/HB 59 2020 limit the current practice of pharmacy in this state.
(6)(5) The board may shall adopt rules governing the use of an automated pharmacy systems.
(6)(5) The board shall adopt rules governing the use of an automated pharmacy systems system by January 1, 2005, which must include specify:
If adopted, such rules system by January 1, 2005, which must include all of the following specify:
(b) Security requirements.;
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words underlined are additions.
hb0059-01-c1 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 CS/HB 59 2020 (b) Security requirements.;
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hb0059-02-c2
hb0059-01-c1
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Action History

  1. Chapter No. 2020-124

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. CS passed; YEAS 27 NAYS 12 -SJ 853, 854

  6. Amendment(s) failed (439782, 742400)

  7. Read 3rd time

  8. Placed on 3rd reading

  9. Read 2nd time

  10. Received

  11. Substituted for CS/CS/SB 708

  12. Placed on Calendar, on 2nd reading

  13. Withdrawn from Health Policy; Innovation, Industry, and Technology; Rules

  14. Referred to Health Policy; Innovation, Industry, and Technology; Rules

  15. In Messages

  16. CS passed as amended; YEAS 115 NAYS 1

  17. Read 3rd time

  18. Temporarily postponed, on 3rd Reading

  19. Temporarily postponed, on 3rd Reading

  20. Temporarily postponed, on 3rd Reading

  21. Placed on 3rd reading

  22. Amendment(s) adopted (367333)

  23. Read 2nd time

  24. Placed on Special Order Calendar, 03/06/20

  25. Placed on Calendar

  26. CS/CS by Health and Human Services Committee read 1st time

  27. Pending review of CS -under Rule 7.18(c)

  28. CS/CS by- Health and Human Services Committee; YEAS 16 NAYS 0

  29. On Committee agenda-- Health and Human Services Committee, 02/18/20, 3:00 pm, Morris Hall

  30. Now in Health and Human Services Committee

  31. Favorable by Health Care Appropriations Subcommittee; YEAS 11 NAYS 0

  32. CS by Health Quality Subcommittee read 1st time

  33. Introduced

  34. On Committee agenda-- Health Care Appropriations Subcommittee, 01/15/20, 1:00 pm, Sumner Hall

  35. Now in Health Care Appropriations Subcommittee

  36. Pending review of CS under Rule 7.18(c)

  37. CS by Health Quality Subcommittee; YEAS 13 NAYS 0

  38. On Committee agenda-- Health Quality Subcommittee, 11/06/19, 9:30 am, Mashburn Hall

  39. Referred to Health Quality Subcommittee; Health Care Appropriations Subcommittee; Health and Human Services Committee

  40. Filed

Sponsors

  • Health Quality Subcommittee · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on · 5 voted No

Sponsors (1)

  • Health Quality Subcommittee

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 27 Yea · 12 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 5400
Unaffiliated 20701
Democrat 1100
No Party Affiliation 1000
Total 271201
% of votes cast 68%30%0%3%
How each member voted (40)
Member Party Vote
Flores — Yea
Rader — Yea
Baxley — Nay
Gainer — Nay
Bean — Yea
Gibson — Yea
Benacquisto — Yea
Simmons — Yea
Simpson — Yea
Book — Yea
Stargel — Yea
Hutson — Yea
Stewart — Nay
Lee — Yea
Taddeo — Nay
Brandes — Yea
Thurston — Yea
Braynon — Yea
Montford — Nay
Torres — Nay
Broxson — Nay
Cruz — Yea
Perry — Yea
Galvano — Yea
Diaz — Yea
Farmer — Yea
Powell — Yea
Bracy — Not Voting
Berman, Lori Democrat Yea
Rouson, Darryl Ervin Democrat Nay
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Bradley, Jennifer Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Nay
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Nay
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Nay
Wright, Tom A. Republican Nay

Official roll call →

Passage, Third Reading

Passed 115 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 76104
Republican 27000
Democrat 12000
Total 115104
% of votes cast 96%1%0%3%
How each member voted (120)
Member Party Vote
Alexander — Yea
Goff-Marcil — Yea
Aloupis — Yea
Good — Yea
Polo — Yea
Altman — Yea
Ponder — Yea
Grant, J. — Yea
Pritchett — Yea
Ausley — Yea
Grant, M. — Yea
Raschein — Yea
Renner — Yea
Bell — Yea
Grieco — Yea
Roach — Yea
Beltran — Yea
Hage — Yea
Robinson — Yea
Hart — Yea
Rodrigues, R. — Yea
Hattersley — Yea
Hill — Yea
Rommel — Yea
Bush — Yea
Ingoglia — Yea
Roth — Yea
Byrd — Yea
Sabatini — Yea
Caruso — Yea
Jacquet — Yea
Santiago — Yea
Casello — Yea
Jenne — Yea
Clemons — Yea
Silvers — Yea
Cortes — Yea
Cummings — Yea
Killebrew — Yea
Slosberg — Nay
Latvala — Yea
Sprowls — Yea
Diamond — Yea
Magar — Yea
Stevenson — Yea
Donalds — Yea
Stone — Yea
Drake — Yea
Mariano — Yea
Sullivan — Yea
DuBose — Yea
Toledo — Yea
Tomkow — Yea
Duran — Yea
McGhee — Yea
Eagle — Yea
Valdes — Yea
Newton — Yea
Watson, B. — Yea
Fernandez — Yea
Oliva — Yea
Watson, C. — Yea
Fernandez-Barquin — Yea
Omphroy — Yea
Webb — Yea
Fetterhoff — Yea
Willhite — Yea
Fine — Yea
Payne — Yea
Fischer — Yea
Williamson — Yea
Fitzenhagen — Yea
Pigman — Yea
Geller — Yea
Zika — Yea
Brown — Not Voting
Jacobs — Not Voting
Mercado — Not Voting
Williams — Not Voting
La Rosa — Yea
Thompson, Geraldine F. "Geri" — Yea
Antone, Bruce Hadley Democrat Yea
Daley, Dan Democrat Yea
Daniels, Kimberly Democrat Yea
Davis, Tracie Democrat Yea
Driskell, Fentrice Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Joseph, Dotie Democrat Yea
Polsky, Tina Scott Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Grall, Erin Republican Yea
Johnson, Chad Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rodriguez, Ana Maria Republican Yea
Rodriguez, Ana Maria Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Stark, Paula A. Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Passed 16 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11001
Republican 4001
Democrat 1000
Total 16002
% of votes cast 89%0%0%11%
How each member voted (18)
Member Party Vote
Brown — Yea
Cortes, J. — Yea
Duran — Yea
Goff-Marcil — Yea
Grant, M. — Yea
Magar — Yea
Pigman — Yea
Ponder — Yea
Roach — Yea
Rodrigues, R. — Yea
Slosberg — Not Voting
Stevenson — Yea
Jones, Shevrin D. "Shev" Democrat Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Plakon, Rachel Saunders Republican Yea
Yarborough, Clay Republican Not Voting

Official roll call →

Passed 11 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Republican 2000
Democrat 1000
Total 11001
% of votes cast 92%0%0%8%
How each member voted (12)
Member Party Vote
Ausley — Yea
Duran — Yea
Grant, J. — Not Voting
Grieco — Yea
Magar — Yea
Pigman — Yea
Roach — Yea
Rommel — Yea
Stevenson — Yea
Jones, Shevrin D. "Shev" Democrat Yea
Burton, Colleen Republican Yea
Rodriguez, Ana Maria Republican Yea

Official roll call →

Passed 13 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Republican 6001
Democrat 3000
Total 13002
% of votes cast 87%0%0%13%
How each member voted (15)
Member Party Vote
Bell — Yea
Beltran — Not Voting
Brown — Yea
Mariano — Yea
Sullivan — Yea
Daniels, Kimberly Democrat Yea
Davis, Tracie Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Burton, Colleen Republican Yea
Maggard, Randall Scott "Randy" Republican Not Voting
Plasencia, Susan Republican Yea
Rodriguez, Ana Maria Republican Yea
Shoaf, Jason Republican Yea
Stark, Paula A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 59 do?
Automated Pharmacy Systems; Authorizes community pharmacy to use automated pharmacy system; provides certain medicinal drugs stored in automated pharmacy system for outpatient dispensing are part of inventory of pharmacy providing services through such system; requires community pharmacies to adopt policies & procedures.
Who sponsors HB 59?
HB 59 is sponsored by Health Quality Subcommittee.
What is the current status of HB 59?
This bill has been enacted into law. Introduced August 14, 2019. Enacted.
Where can I track HB 59?
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