DrugBuyers.Com: New Florida Law...a Florida Pharmacy's Viewpoint

The link below is to the full text version of the law. This takes effect July 1, 2004.

http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb1372er.html&Directory=session/2004/Senate/bills/billtext/html/

Actually this bill, (sb1372er)is only a revised version of the existant law. The specific section that should be of concern to OP's is this:

5. The term "Internet pharmacy" includes locations not otherwise licensed or issued a permit under this chapter, within or outside this state, which use the Internet to communicate with or obtain information from consumers in this state and use such communication or information to fill or refill prescriptions or to dispense, distribute, or otherwise engage in the practice of pharmacy in this state. Any act described in this definition constitutes the practice of pharmacy as defined in subsection (13).

And most specifically, the part that says "otherwise engage in the practice of pharmacy in this state".

The reason this is a major concern is because it means that every OP that presents itself as a pharmacy, will need to be licensed as an "Internet Pharmacy", if they wish to ship into Florida. How does an OP present itself as a pharmacy? There are 2 main ways that this is done; first, they list drug names and prices on their web site and second, they directly collect money for prescribed medications.

Setting up appointments, and charging for consultations, for physicians, is not pharmacy activity. The OP that only sets up consults is a "Transaction Broker", or "Medical Clearinghouse", and would not need an "Internet Pharmacy" license. However, the simple acts of listing meds and prices, and then collecting charges for prescribed medications will be sufficient to change the OP's status from "transaction broker", or "Medical Clearinghouse", to "Internet Pharmacy", and they will need to be licensed for that.

So does this mean that OP's can no longer ship to Florida? NO, it does NOT mean that. What it does mean is that OP's will no longer be able to list drugs and prices, on their site, and they will no longer be able to charge patients directly for these drugs, assuming that they want to continue shipping to Florida. By simply eliminating the drug prices, and just allowing the pharmacy to charge directly for the medications, they can fix the problem.

The pharmacy that fills the prescriptions will still need a Florida license. All pharmacies that are located outside of Florida will need an "Internet Pharmacy" license. However, if the pharmacy is already in Florida, that is not a problem. Florida licensed pharmacies already hold a "Community Pharmacy" license, as defined in section one:

1. The term "community pharmacy" includes every location where medicinal drugs are compounded, dispensed, stored, or sold or where prescriptions are filled or dispensed on an outpatient basis.

So, Florida based pharmacies will not be classified as "Internet Pharmacies", because they ARE licensed under a different section of this chapter.

So, in conclusion, the revisions to this law states that "if you look like a pharmacy, and conduct business that is related to the practice of pharmacy, you are a pharmacy", and will need to obtain proper licensure to continue operating. There are only two things that need to be done, for an OP to continue doing business in Florida. They are: remove all drug names and prices, from their web sites, and allow their pharmacies to charge directly for the medications. If an OP is serviced only by non-Florida based locations, these pharmacies will need to obtain a Florida "Internet Pharmacy" license. A far easier alternative is for the OP's to just contract with a pharmacy that is already based in Florida, these pharmacies already hold a "Community Pharmacy" license, and this exempts them from having to register as an internet pharmacy.

It just so happens that Apothesys is a Florida licensed "Community Pharmacy", and we are currently looking for additional OP business. If you represent an OP and would like to discuss this, our contact info is located below.

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Best Regards, Apothesys Pharmacy
727-847-3784 voice
727-848-7815 fax

www.apothesys.com