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					                           DEPARTMENT OF HEALTH
                             BOARD OF PHARMACY
                        LEGISLATIVE CONFERENCE CALL
                               MARCH 30, 2009
                                  10:00 A.M.



Board Members Present:                             Board Staff Present:
Jim Powers, B.Pharm., Tallahassee                  Rebecca Poston, R.Ph., C.Ph., Executive Director
Fritz Hayes, B.Pharm., Miami                       Ronda Bryan, Program Operations Administrator
Amy Jones, J.D., Consumer Member, Tallahassee      Maxine Wenzinger, Administrative Assistant II
Steve Melvin, Pharm.D., Panama City
Michele Weizer, Pharm.D., Boca Raton               Board Counsel Present:
                                                   Diane Guillemette, Assistant Attorney General

                                                   Department of Health Staff Present:
                                                   Billie Jo Owens, Assistant General Counsel
                                                   Richard Sands, R.Ph., Statewide Inspection
                                                   Program Manager



Mr. Powers called the meeting to order and asked Mrs. Poston to report on the
legislative activities which are included below.


MOTION: by Ms. Jones, second by Dr. Weizer to adjourn. Call adjourned at 10:15 a.m.
Bill Number          Title           Sponsor        Statute                                Summary                                                    Notes
HB 39         Regulation of      Scionti       499.005        Creates "Vaccine Safety Act"; prohibits sale, purchase,
                                                                                                                                     11/26 – Filed.
              Drugs                                           manufacture, delivery, importation, administration, & distribution
(I) SB 154                                                    of vaccines containing organic or inorganic mercury compounds in       12/30 – Referred to: Full
                                                              excess of certain amount.                                              Appropriations Council on General
                                                                                                                                     Government & Health Care, Human
                                                                                                                                     Services Appropriations Committee,
                                                                                                                                     Health & Family Services Policy
                                                                                                                                     Council, Public Safety & Domestic
                                                                                                                                     Security Policy Committee, Referred
                                                                                                                                     to Health Care Regulation Policy
                                                                                                                                     Committee, Now in Health Care
                                                                                                                                     Regulation Policy Committee.
SB 70         Schools/Student    Aronberg      1002.20        Provides that a district school board may authorize a school nurse
                                                                                                                                     12/2 – Filed.
              Health Services/                 1006.062       to maintain supplies of pre-filled epinephrine auto-injectors at
              Epinephrine                                     schools in the school district. Provides requirements for              12/17 - Referred to Education Pre-K -
                                                              prescriptions. Authorizes use for emergency treatment, etc.            12; Health Regulation; Education
                                                              EFFECTIVE DATE: 07/01/2009                                             Pre-K - 12 Appropriations.
HB 129        Reproductive       Gibson        390.011        Creates "Prevention First Act"; provides for duties of licensed
                                                                                                                                     12/17 - Filed
              Health Services                  390.027        health care practitioners & health care facilities when providing
(S) SB 310    and Family                       465.19         care to rape survivors; requires DOH to provide certain                1/22 - Now in Health Care Regulation
              Planning                         465.191        information; requires AHCA to provide for enforcement & impose         Policy Committee, Referred to Full
                                               465.016        penalties; requires licensed pharmacies to dispense certain forms      Appropriations Council on General
                                               465.023        of contraception without delay; specifies conditions under which       Government & Health Care, Referred
                                                              pharmacy may refuse to provide contraceptive; provides for             to Human Services Appropriations
                                                              person to file complaint with DOH if he or she believes that           Committee, Referred to Health &
                                                              violation of such provisions has occurred; provides for AG to bring    Family Services Policy Council,
                                                              civil action; provides that violation of requirements for dispensing   Referred to Civil Justice & Courts
                                                              contraception constitutes grounds for DOH or Board of Pharmacy         Policy Committee, Referred to Health
                                                              to impose disciplinary action or suspend or revoke pharmacist's        Care Regulation Policy Committee
                                                              license or permit.
HB 143        Monitoring the     Domino        893.055        Requires DOH to establish electronic system to monitor dispensing
                                                                                                                                     12/18 – Filed.
              Dispensing of                                   of certain controlled substances & biometric identifiers of
(L) HB 145    Controlled                                      recipients; requires health care practitioners & pharmacies who        1/22 - Referred to: Full
(C) HB 1015   Substances                                      dispense certain controlled substances to have biometric scanning      Appropriations Council on General
                                                              device connected to database & submit specified information            Government & Health Care, Human
                                                              before dispensing; requires database to provide specified              Services Appropriations Committee,
                                                              information concerning conflicting or overlapping prescriptions;       Health & Family Services Policy
                                                              provides exceptions to reporting requirements; provides for data       Council, Governmental Affairs Policy
                                                              retention; requires that data transmissions comply with privacy &      Committee, Public Safety & Domestic
                                                              security laws; provides for rulemaking; provides penalties for         Security Policy Committee, Health
                                                              violations.                                                            Care Regulation Policy Committee,
                                                                                                                                     Now in Health Care Regulation Policy
                                                                                                                                     Committee.
HB 145        Public Records     Domino        893.0551       Exempts from public records requirements information & records
                                                                                                                                     12/18 – Filed.
              related to                                      reported to DOH under electronic monitoring system for
(L) HB 143    Monitoring the                                  dispensing of certain controlled substances; authorizes certain        1/22 - Referred to: Full
              Dispensing of                                   persons & entities access to information; provides guidelines for      Appropriations Council on General
              Controlled                                      use of such information & penalties for violations; provides for       Government & Health Care, Human
              Substances                                      future legislative review & repeal; provides finding of public         Services Appropriations Committee,
                                                              necessity.                                                             Health & Family Services Policy
                                                                                                                                     Council, Governmental Affairs Policy
                                                                                                                                     Committee, Public Safety & Domestic
                                                                                                                                     Security Policy Committee, Health
                                                                                                                                     Care Regulation Policy Committee,
                                                                                                                                    Now in Health Care Regulation Policy
                                                                                                                                    Committee.
SB 154       Vaccines            Ring           499.005    Creates the "Vaccine Safety Act." Prohibits the sale, purchase,
                                                                                                                                    12/3 – Filed.
             Containing                                    manufacture, delivery, importation, administration, and
(I) HB 39    Mercury                                       distribution of vaccines containing organic or inorganic mercury         12/17 - Referred to Health
             Compounds/                                    compounds in excess of a certain amount. EFFECTIVE DATE:                 Regulation; Children, Families, and
             Regulation                                    07/01/2010.                                                              Elder Affairs; Health and Human
                                                                                                                                    Services Appropriations.
                                                                                                                                    01/15 - Withdrawn from Health
                                                                                                                                    Regulation; Children, Families, and
                                                                                                                                    Elder Affairs; Health and Human
                                                                                                                                    Services Appropriations; Withdrawn
                                                                                                                                    prior to introduction.
HB 197       Use of Pancreatic   Renuart        1002.20    Authorizes certain K-12 students to use pancreatic enzyme
                                                                                                                                    12/31 - Filed
             Enzyme                                        prescription supplements under certain circumstances; requires
(I) SB 552   Prescription                                  State Board of Education to adopt rules; provides for                    1/22 - Now in Pre K-12 Policy
             Supplements                                   indemnification.                                                         Committee, Referred to Policy
                                                                                                                                    Council, Referred to Education Policy
                                                                                                                                    Council, Referred to Health Care
                                                                                                                                    Regulation Policy Committee,
                                                                                                                                    Referred to PreK-12 Policy Committee
                                                                                                                                    3/16 Bill added to PreK-12 Policy
                                                                                                                                    Committee agenda
                                                                                                                                    03/20- Now in Health Care
                                                                                                                                    Regulation Policy Committee.
SB 310       Reproductive        Rich           390.011    Creates the "Prevention First Act." Provides duties of licensed
                                                                                                                                    12/5 – Filed.
             Health Services                    390.027    health care practitioners and facilities relating to the treatment of
(S) HB 129   and Family                         465.016    rape survivors. Requires the AHCA to provide for enforcement and         12/17 - Referred to Transportation;
             Planning                           465.023    impose penalties. Requires licensed pharmacies to dispense               Transportation and Economic
                                                465.191    certain forms of contraception without delay. Provides for a person      Development Appropriations.
                                                           to file a complaint with the DOH if he or she believes that a
                                                           violation of such provisions has occurred, etc. EFFECTIVE DATE:          03/03- Referred to Health
                                                           Upon becoming law.                                                       Regulation; Judiciary; Health and
                                                                                                                                    Human Services Appropriations.
SB 326       Optometry           Dean           463.002    Revises definitions to conform to provisions authorizing the oral
                                                                                                                                    12/9 – Filed.
                                                463.005    administration of ocular pharmaceutical agents by certain
                                                463.0055   practitioners. Requires the Board of Optometry to adopt rules            12/17 - SENATE Referred to Health
                                                463.0057   governing the administration and prescription of oral ocular             Regulation; Health and Human
                                                463.006    pharmaceutical agents. Redefines the term "practitioner" for             Services Appropriations.
                                                893.02     purposes of the Florida Comprehensive Drug Abuse Prevention
                                                893.05     and Control Act to include certified optometrists, etc. EFFECTIVE        3/18 Reported unfavorable, laid on
                                                           DATE: 07/01/2009.                                                        table.
HB 433       Purchasing of       Roberson, K.   409.908    Requires providers of Medicaid prescribed drugs to give
                                                                                                                                    1/19 – Filed.
             Medicaid                           499.1205   purchasing preference to drugs manufactured or repackaged at
(I) SB 894   Prescribed Drugs                              certain facilities; defines term "qualifying facility"; provides for     3/16 Bill added to Health Care
                                                           DOH's recognition of qualifying facility; requires that DOH adopt        Regulation Policy Committee agenda.
                                                           procedures & criteria for recognition of qualifying facility.
                                                                                                                                    03/18 Strike All Reported favorable
                                                           03/18: This bill expands the definition of “institutional formulary      with CS by Health Care Regulation
                                                           system” to include class I institutional pharmacies and amends           Policy Committee.
                                                           section 465.019, Florida Statutes (FS), to allow class I institutional   3/23- Bill referred to Full
                                                           pharmacies to develop and adopt an institutional formulary               Appropriations Council on General
                                                           system.                                                                  Government & Health Care; Health &
                                                                                                                                    Family Services Policy Council; Health
                                                                                                                           Care Appropriations Committee;
                                                                                                                           3/25- Health & Family Services Policy
                                                                                                                           Council Agenda 1:00PM. Reported
                                                                                                                           favorable.
SB 440        Electronic-      Fasano      893.055    Requires AHCA to establish a statewide, comprehensive electronic
                                                                                                                           1/5- Filed.
              monitoring                              system to monitor the prescribing and dispensing of controlled
(L) SB 462,   system                                  substances in CII-IV.                                                01/15 - Referred to Health
(C) HB 143                                                                                                                 Regulation; Judiciary; Governmental
(C) HB 583                                                                                                                 Oversight and Accountability; Health
(C)SB 614                                                                                                                  and Human Services Appropriations.
                                                                                                                           03/10- Now in Governmental
                                                                                                                           Oversight & Accountability.
SB 462        Electronic-      Fasano      893.055    Requires AHCA to establish a statewide, comprehensive electronic
                                                                                                                           1/5- Filed.
              monitoring                              system to monitor the prescribing and dispensing of controlled
(L) SB 440,   system                                  substances in CII-IV.                                                01/15 - Referred to Health
(C) HB 143                                                                                                                 Regulation; Judiciary; Governmental
(C) HB 583                                                                                                                 Oversight and Accountability; Health
(C)SB 614                                                                                                                  and Human Services Appropriations.
(C) HB 1015
                                                                                                                           3/25- On Judiciary Agenda
HB 583        Monitoring the   Skidmore    893.055    Requires DOH to establish comprehensive electronic system to
                                                                                                                           1/21 – Filed.
              Dispensing of                           monitor dispensing of certain controlled substances; requires
(L) 585       Controlled                              those who dispense certain controlled substances to submit           03/06- Now in Health Care
(C) HB 143    Substances                              specified information to department; provides exceptions to          Regulation Policy Committee
(C) SB 422                                            reporting requirements; requires that information be submitted in
(C) SB 614                                            approved electronic format; provides time periods for information
(C) HB 1015                                           submission; provides criminal penalties for violations; requires
                                                      rulemaking; provides funding requirements.
HB 585        Public Records   Skidmore    893.0551   Exempts from public records requirements information & records
                                                                                                                           1/21 – Filed
                                                      reported to DOH under electronic system for monitoring
(L) HB 583                                            dispensing of certain controlled substances; authorizes certain      3/3- Referred to Health Regulation;
                                                      persons & entities access to information; provides restrictions on   Governmental Affairs Policy
(I) SB 1354                                           use of such information & criminal penalties for violations;         Committee; Health & Family Services
withdrawn                                             authorizes agreements with other states to exchange prescription     Policy Council; Full Appropriations
                                                      drug monitoring information; provides factors for considering such   Council on General Governmental &
                                                      agreements; requires report concerning any such agreements;          Health Care.
                                                      limits purposes for which information may be shared under such
                                                      agreements; provides for future legislative review & repeal;         03/06- Now in Health Care
                                                      provides finding of public necessity.                                Regulation Policy Committee.
SB 612        Public Records   Arongberg   893.0551   Exempts from public records requirements information and
                                                                                                                           01/12 – Filed.
                                                      records reported to the Department of Health under the
(L) SB 614                                            electronic system for monitoring the dispensing of certain           01/23 - Referred to Health
(I) HB 145,                                           controlled substances. Authorizes certain persons and entities       Regulation; Criminal Justice;
(C) HB 143                                            access to information. Provides guidelines for the use of such       Governmental Oversight and
                                                      information and criminal penalties for violations. Provides for      Accountability; Rules.
                                                      future legislative review and repeal. Provides a finding of public
                                                      necessity. EFFECTIVE DATE: Contingent.
SB 614        Monitoring the   Aronberg    893.055    Requires the DOH to establish a comprehensive electronic system
                                                                                                                           01/12 – Filed.
              Dispensing of                           to monitor the dispensing of certain controlled substances and to
(L) SB 612    Controlled                              collect biometric identifiers of recipients. Requires health care    03/03- Referred to Health
(I) HB 143    Substances                              practitioners and pharmacies who dispense certain controlled         Regulation; Criminal Justice;
(C) HB 145                                            substances to have an active and operational biometric scanning      Governmental Oversight and
(C) SB 462                                            device connected to a database and to submit specified               Accountability; Health and Human
(C) SB 612                                            information to the database before dispensing such substances,       Services Appropriations.
(C) HB 145                                            etc. EFFECTIVE DATE: 07/01/2009.
(C) HB 1015
HB 893        Drug Donation        Renuart   499.0295   Creates Drug Donation Program for state correctional system;
                                                                                                                                 02/16 – Filed.
              Program                                   provides conditions for donation of drugs & supplies to program;
(I) SB 984                                              provides conditions for acceptance of drugs & supplies into              03/03- 1st Reading.
                                                        program, inspection of drugs & supplies, & dispensing of drugs &
                                                        supplies to eligible prisoners; requires participant facility that
                                                        accepts donated drugs & supplies through program to comply with
                                                        certain state & federal laws; authorizes participant facility to
                                                        charge fees under certain conditions; requires DOH, upon
                                                        recommendation of DOC & Board of Pharmacy, to adopt certain
                                                        rules; requires DOH to establish & maintain participant facility
                                                        registry; provides for contents & availability of participant facility
                                                        registry; provides immunity from civil & criminal liability for DOC,
                                                        donors, & pharmaceutical manufacturers in certain circumstances;
                                                        provides that provisions of act control in event of conflict between
                                                        provisions of act & ch. 465 or ch. 499, F.S.; authorizes position &
                                                        provides appropriation.
SB 894        Medicaid             Bennett   409.908    Requires providers of Medicaid prescribed drugs to give
                                                                                                                                 1/22 – Filed.
              Prescribed                     499.1205   purchasing preference to drugs manufactured or repackaged at
(I) HB 433    Drugs/Purchasing                          certain facilities. Defines the term "qualifying facility." Provides     03/24- Withdrawn
                                                        for the Department of Health's recognition of a qualifying facility.
                                                        Requires the department to adopt procedures and criteria for the
                                                        recognition of a qualifying facility. EFFECTIVE DATE:
                                                        07/01/2009.
SB 984        Relating to          Wise      499.0295   Cites this act as the "Drug Donation Program Act." Creates said
                                                                                                                                 1/26 – Filed.
              Prescription Drugs                        act for the state correctional system. Provides conditions for the
(I) HB 893                                              acceptance of drugs and supplies into the program, inspection of         03/03- Referred to Health
                                                        drugs and supplies, and dispensing of drugs and supplies to              Regulation; Criminal Justice;
                                                        eligible prisoners. Requires the Department of Health to establish       Judiciary; Health & Human Services
                                                        and maintain a participant facility registry, etc. APPROPRIATION:        Appropriations.
                                                        $65,308. EFFECTIVE DATE: 07/01/2009.
HB 1015       Prescription Drug    Kelly     893.005    Requires DOH to establish prescription drug validation program to
                                                                                                                                 2/19 – Filed
              Validation                                establish comprehensive electronic system to monitor prescribing
(L) HB 1017   Program                                   & dispensing of certain controlled substances; requires prescribing      03/06- Now in Health Care
(C) HB 143                                              & dispensing of such controlled substances to be reported;               Regulation Policy Committee.
(C) HB 583                                              provides exemptions; provides for data retention; limits access to
(C) HB 897                                              system; requires compliance with state & federal privacy &
(C) SB 462                                              security laws; provides for healthcare licensure board sanctions
(C) SB 614                                              for violation; requires that all costs incurred by DOH for program
(C) SB 1356                                             be paid through federal grant or through available private funding
                                                        sources; establishes direct-support organization; requires certain
                                                        persons to present positive identification to obtain prescriptions;
                                                        provides for AHCA's use of e-Prescribing resources &
                                                        clearinghouse; requires DOH to develop rules for data
                                                        requirements in conjunction with specified organizations;
                                                        establishes Program Implementation & Oversight Workgroup.
                                                        Effective Date: July 1, 2009
HB 1017       Public Records       Kelly     893.0551   Exempts from public records requirements information & records
                                                                                                                                 2/19 – Filed
              /Controlled                               reported to DOH under electronic prescription drug validation
(L) HB 1017   Substances                                program for monitoring prescribing & dispensing of certain               03/06- Now in Health Care
(C) HB 937                                              controlled substances; authorizes certain persons & entities access      Regulation Policy Committee.
                                                        to patient-identifying information; provides guidelines for use of
                                                        such information & penalties for violations; provides for future
                                                        legislative review & repeal; provides finding of public necessity.
                                                        Effective Date: July 1, 2009, if HB 1015 or similar legislation
                                                        establishing an electronic system to monitor the prescribing and
                                                        dispensing of controlled substances is adopted in the same
                                                        legislative session or an extension thereof and becomes law
SB 1144       Prescription        Peaden         499        Expands the definition of manufacturer in chapter 499, F.S., and
                                                                                                                                    02/03/ - Filed
              Drugs/Manurfactu                              expands the eligibility criteria for a health care clinic
              rers and                                      establishment permit for the purpose of purchasing prescription         02/12 - Referred to Health
              Purchaser                                     drugs.                                                                  Regulation; Commerce; Health and
                                                                                                                                    Human Services Appropriations.
                                                                                                                                    03/25- Health Regulation Committee
                                                                                                                                    Agenda. Reported favorable.
HB 1257       Prescription Drug   Steinberg      499.029    Renames the Cancer Drug Donation Program as the Prescription
                                                                                                                                    02/27- Filed
              Donation Program                              Drug Donation Program. Revises definitions. Expands the drugs
(I) SB 1866                                                 and supplies that may be donated under the program. Expands             03/09- Now in Health Care
                                                            the types of facilities and practitioners that may participate in the   Regulation Policy Committee.
                                                            program. Conforms provisions to changes in terminology.
                                                            Removes obsolete language relating to the adoption of initial
                                                            rules. EFFECTIVE DATE: 07/01/2009.
HB 1357       Pharmaceutical      Legg           499.0295   Provides that manufacturer of drug may not sell drug or allow
                                                                                                                                    2/27- Filed
              Take Back                                     drug to be sold in pilot project area unless manufacturer operates
              Program                                       pharmaceutical take-back program approved by DOH; provides              03/09- Now in Health Care
                                                            requirements for such programs; provides requirements for               Regulation Policy Committee
                                                            submission of such plan & its approval by DOH; requires retail
                                                            pharmacies to post sign to inform consumers of availability of
                                                            pharmaceutical take-back programs; requires DOH to adopt
                                                            sample sign & post it on Internet; provides civil penalties for
                                                            violations; provides for application fee; authorizes rulemaking;
                                                            creates Advisory Committee on Pharmaceutical Take-Back
                                                            Programs; provides for membership; provides for duties; provides
                                                            for reimbursement of member travel & other expenses; requires
                                                            reports; provides for termination of pilot project & repeal of
                                                            provisions; provides for terms of initial committee members;
                                                            provides that requirement to have plan registered with DOH
                                                            applies to manufacturers whose drugs are sold in pilot project
                                                            area on or after specified date. Effective date: 07/01/09
SB 1562       Nursing Home                       Various    Eliminates duplicate inspections of nursing homes by the
                                                                                                                                    2/26- Referred to Health Regulation;
              Inspections                                   department and AHCA.
                                                                                                                                    Children, Families, and Elder Affairs;
                                                                                                                                    Health and Human Services
                                                                                                                                    Appropriations.
                                                                                                                                    03/25- Reported favorable 7 Y 1 N
                                                                                                                                    Health Regulation.
SB 1866       Prescription Drug   Peaden         499.029    Renames the Cancer Drug Donation Program as the Prescription
                                                                                                                                    2/18 – Filed.
              Donation Program                              Drug Donation Program. Revises definitions. Expands the drugs
(I) HB 1257                                                 and supplies that may be donated under the program. Expands             03/03- Referred to Health
                                                            the types of facilities and practitioners that may participate in the   Regulation; Judiciary; Health &
                                                            program. Conforms provisions to changes in terminology.                 Human Services Appropriations.
                                                            Removes obsolete language relating to the adoption of initial
                                                            rules. EFFECTIVE DATE: 07/01/2009.
SB 1868       Pharmacies          Peaden         465.003    Authorizes the use of an institutional formulary system in a Class
                                                                                                                                    2/18 – Filed
                                                 465.019    I institutional pharmacy at which, with certain exceptions, all
                                                            medicinal drugs are administered from individual prescription           03/03- Referred to Health Regulation
                                                            containers to the patient and medicinal drugs are not dispensed         & Human Services Appropriations
                                                            on the premises. EFFECTIVE DATE: 07/01/2009.
SB 1986       Medicaid Fraud      Gaetz/Peaden   465.022    Increases pharmacy permitting requirements to include
                                                                                                                                    03/25- Health Regulation Agenda
                                                 465.023    fingerprints; authorizes the DOH or BOP to deny a pharmacy
                                                            permit application, and require permitees to be disciplined for
                                                            certain violations.
SB 2650       Pharmaceutical      Fasano         499.0295   Requires drug manufacturers who sell drugs in this state to
                                                                                                                                    03/03- Filed
              Take Back                                     establish a take-back program that accepts and disposes of
             Program                                                      pharmaceuticals turned in by consumers by a certain date.
                                                                          Requires the manufacturer to submit a program plan to the DOH,
                                                                          which must review and approve or reject the plan. Requires retail
                                                                          pharmacies to post a sign informing consumers about the take-
                                                                          back program. Authorizes the DOH to adopt rules, etc.
                                                                          Effective Date: 07/01/2009

The   bills on this list may not be all inclusive.
(C)   Compare
(S)   Similar
(I)   Identical
(L)   Summary



Please visit the Florida Senate website at www.flsenate.gov for the most current information.
Please visit the Florida House of Representative website at www.myfloridahouse.com for the most current information.

				
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