Destruction of Controlled Substances - Institutional Class I Pharmacies (Nursing Homes), Institutional Permit - Consultant Pharmacist of Record  

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    DEPARTMENT OF HEALTH

    Board of Pharmacy

    RULE NOS.:RULE TITLES:

    64B16-28.301Destruction of Controlled Substances - Institutional Class I Pharmacies (Nursing Homes)

    64B16-28.501Institutional Permit - Consultant Pharmacist of Record

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 43 No. 101, May 24, 2017 issue of the Florida Administrative Register.

    The changes are in response to written comments submitted by the staff of the Joint Administrative Procedures Committee and discussion and subsequent vote by the board at the public meeting held August 15, 2017. The rules shall now read as follows:

    64B16-28.301 Destruction of Controlled Substances – Institutional Class I Pharmacies (Nursing Homes).

    (1) No change.

    (2) For each controlled substance destroyed, documentation must be completed showing the name and quantity of the drug, strength and dosage form, patient’s name, prescription number and name of the institution. Destruction of the controlled substance shall be witnessed, and documentation thereof shall be signed by at least two (2) of the following individuals:

    (a) a. No change 

    (b) b. No change. 

    (c) c. No change.

    (d) d. licensed physician, mid-level practitioner, nurse, or another pharmacist employed by or under contract or written agreement associated with the facility; or 

    (e) e. a sworn law enforcement officer.

    Those individuals witnessing the destruction of the controlled substance shall sign the completed documentation.

    (3) through (4) No change.

    Rulemaking Authority 465.005, 465.022(12), FS. Law Implemented 465.022(12), 465.019, 893.07(1), (3), (5), FS. History–New 4-21-87, Formerly 21S-19.001, Amended 7-31-91, Formerly 21S-28.301, 61F10-28.301, Amended 1-30-96, Formerly 59X28.301, Amended 7-21-09, 2-10-14,         .

     

    64B16-28.501 Institutional Permit - Consultant Pharmacist of Record.

    (1) through (2) No change.

    (3) A consultant pharmacist licensed in Florida may remotely access a facility or pharmacy’s electronic database from outside the facility or pharmacy to conduct any services additional or supplemental to regular drug regimen reviews services, subject to the pharmacy or facility establishing policies and procedures to ensure the security and privacy of confidential patient records, including compliance with applicable Federal HIPAA regulations.

    Rulemaking Authority 465.005, 465.0125, 465.022 FS. Law Implemented 465.0125, 465.019, 465.022, 465.0266, FS. History–New 7-18-94, Formerly 61F10-28.501, 59X-28.501, Amended 1-2-02, 12-30-07,_________.

     

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: C. Erica White, Executive Director, Board of Pharmacy, 4052 Bald Cypress Way, Bin #C04, Tallahassee, Florida 32399-3254.