ISSUE: Should local governments regulate the operation and practice of pharmacies.

DISCUSSION: In the past several years, Florida has struggled with the growing problem of prescription drug abuse and trafficking. In the 2011 Legislative Session, a sweeping reform bill was passed bringing stricter regulation to the entire prescription drug industry. From manufacturers to distributors to community pharmacies, controlled substances will be tracked and reported into the Prescription Drug Monitoring Program. Additionally, physicians will no longer be able to dispense controlled substances. With all of the reforms that were implemented at the state level, Florida will begin to see a drastic drop in the illicit pill mill industry. During the time that the Legislature was struggling with exactly how to address the problem, local governments were becoming desperate to control this very real threat to their communities. They began to pass strict local ordinances in an effort to mitigate the problem. However, now that there is very strict regulation from the state, these local ordinances may not only be unnecessary, they may be in conflict with the state regulation. Because the practice of healthcare already operates in a highly regulated environment, streamlining is crucial to ensuring compliance. There should be one ultimate authority responsible for the regulation of pharmacies and pharmacists.

POSITION: The Florida Retail Federation supports restricting the regulation of the Practice of Pharmacy to the state level. The Florida Board of Pharmacy, which operates under the Department of Health, is best equipped to oversee regulatory issues related to the practice of pharmacy.

RELATED BILLS:

SB 1192 - Grimsley
SB 966 - Bean

Recent Developments:

(4/19/2013) SB 966 includes language that establishes a preemption to the state for the regulation of pharmacies and pharmacist. This bill passed the Senate Appropriations Committee this week.