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Florida Senate
-
2026
SB 868
By
Senator Sharief
35-01084-26 2026868__
1 A bill to be entitled
2 An act relating to practice of the profession of
3 pharmacy; amending s. 465.003, F.S.; revising the
4 definition of the term “practice of the profession of
5 pharmacy”; creating s. 465.1894, F.S.; authorizing
6 pharmacists who meet specified criteria to, at the
7 direction of a licensed physician, administer
8 medications at a Level I or Level II trauma center
9 under certain circumstances; requiring trauma centers
10 to retain certain documentation to employ pharmacists
11 to perform such tasks; requiring the Board of Pharmacy
12 to adopt rules; reenacting ss. 465.1901 and
13 626.8825(1)(r), F.S., relating to the practice of
14 orthotics and pedorthics and pharmacy benefit manager
15 transparency and accountability, respectively, to
16 incorporate the amendment made by this act to s.
17 465.003, F.S., in references thereto; providing an
18 effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Subsection (22) of section 465.003, Florida
23 Statutes, is amended to read:
24 465.003 Definitions.—As used in this chapter, the term:
25 (22) “Practice of the profession of pharmacy” includes
26 compounding, dispensing, and consulting concerning contents,
27 therapeutic values, and uses of any medicinal drug; consulting
28 concerning therapeutic values and interactions of patent or
29 proprietary preparations, whether pursuant to prescriptions or
30 in the absence and entirely independent of such prescriptions or
31 orders; and conducting other pharmaceutical services. For
32 purposes of this subsection, the term “other pharmaceutical
33 services” means monitoring the patient’s drug therapy and
34 assisting the patient in the management of his or her drug
35 therapy, and includes reviewing, and making recommendations
36 regarding, the patient’s drug therapy and health care status in
37 communication with the patient’s prescribing health care
38 provider as licensed under chapter 458, chapter 459, chapter
39 461, or chapter 466, or a similar statutory provision in another
40 jurisdiction, or such provider’s agent or such other persons as
41 specifically authorized by the patient; and initiating,
42 modifying, or discontinuing drug therapy for a chronic health
43 condition under a collaborative pharmacy practice agreement.
44 This subsection may not be interpreted to permit an alteration
45 of a prescriber’s directions, the diagnosis or treatment of any
46 disease, the initiation of any drug therapy, the practice of
47 medicine, or the practice of osteopathic medicine, unless
48 otherwise permitted by law or specifically authorized by s.
49 465.1865 or s. 465.1895. The term “practice of the profession of
50 pharmacy” also includes any other act, service, operation,
51 research, or transaction incidental to, or forming a part of,
52 any of the foregoing acts, requiring, involving, or employing
53 the science or art of any branch of the pharmaceutical
54 profession, study, or training, and shall expressly permit a
55 pharmacist to transmit information from persons authorized to
56 prescribe medicinal drugs to their patients. The practice of the
57 profession of pharmacy also includes the administration of
58 vaccines to adults pursuant to s. 465.189; the testing or
59 screening for and treatment of minor, nonchronic health
60 conditions pursuant to s. 465.1895; and the preparation of
61 prepackaged drug products in facilities holding Class III
62 institutional pharmacy permits. The term also includes the
63 ordering and evaluating of any laboratory or clinical testing;
64 conducting patient assessments; and modifying, discontinuing, or
65 administering medicinal drugs pursuant to s. 465.0125 by a
66 consultant pharmacist.
The term also includes the ordering and
67
administration of the federal Clinical Laboratory Improvement
68
Amendments-waived tests, including serology tests authorized by
69
the United States Food and Drug Administration (FDA) or an
70
equivalent regulatory authorization, subject to the disclaimers
71
and limitations required by the FDA for such tests.
72 Section 2. Section 465.1894, Florida Statutes, is created
73 to read:
74
465.1894
Administration of medications.—
75
(1)
A pharmacist, at the direction of a physician licensed
76
under chapter 458 or chapter 459, who meets the following
77
qualifications may administer medications to a patient during a
78
life-threatening emergency event at a Level I or Level II trauma
79
center when delegated to perform such task:
80
(a)
The pharmacist has completed an accredited postgraduate
81
residency training program; or
82
(b)
The pharmacist has completed at least 3 years of direct
83
patient care in a hospital setting.
84
85
Each trauma center must retain on record documentation of a
86
pharmacist’s qualification under paragraph (a) or paragraph (b)
87
to perform such tasks before employing the pharmacist to
88
administer medication under this subsection.
89
(2)
The board shall adopt rules to administer this section.
90 Section 3. For the purpose of incorporating the amendment
91 made by this act to section 465.003, Florida Statutes, in a
92 reference thereto, section 465.1901, Florida Statutes, is
93 reenacted to read:
94 465.1901 Practice of orthotics and pedorthics.—The
95 provisions of chapter 468 relating to orthotics or pedorthics do
96 not apply to any licensed pharmacist or to any person acting
97 under the supervision of a licensed pharmacist. The practice of
98 orthotics or pedorthics by a pharmacist or any of the
99 pharmacist’s employees acting under the supervision of a
100 pharmacist shall be construed to be within the meaning of the
101 term “practice of the profession of pharmacy” as defined in s.
102 465.003, and shall be subject to regulation in the same manner
103 as any other pharmacy practice. The Board of Pharmacy shall
104 develop rules regarding the practice of orthotics and pedorthics
105 by a pharmacist. Any pharmacist or person under the supervision
106 of a pharmacist engaged in the practice of orthotics or
107 pedorthics is not precluded from continuing that practice
108 pending adoption of these rules.
109 Section 4. For the purpose of incorporating the amendment
110 made by this act to section 465.003, Florida Statutes, in a
111 reference thereto, paragraph (r) of subsection (1) of section
112 626.8825, Florida Statutes, is reenacted to read:
113 626.8825 Pharmacy benefit manager transparency and
114 accountability.—
115 (1) DEFINITIONS.—As used in this section, the term:
116 (r) “Pharmacist services” means products, goods, and
117 services or any combination of products, goods, and services
118 provided as part of the practice of the profession of pharmacy
119 as defined in s. 465.003 or otherwise covered by a pharmacy
120 benefits plan or program.
121 Section 5. This act shall take effect July 1, 2026.