THE BILL ITSELF
SB 1142
Pharmacy
Florida Senate - 2026 SB 1142 By Senator Wright 8-01278-26 20261142__
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A bill to be entitled
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An act relating to pharmacy; amending s. 465.0125,
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F.S.; revising the definition of the term “health care
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facility” to include health care clinics owned by a
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hospital or physicians who work for a hospital;
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amending s. 626.8825, F.S.; defining the term “covered
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prescription drug”; revising requirements for provider
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contracts between pharmacy benefit managers and
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certain licensed pharmacies to allow for the
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administration and dispensing of covered prescription
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drugs offsite, as well as onsite, as part of
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outpatient care; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (e) of subsection (1) of section
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465.0125, Florida Statutes, is amended to read:
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465.0125 Consultant pharmacist license; application,
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renewal, fees; responsibilities; rules.—
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(1) The department shall issue or renew a consultant
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pharmacist license upon receipt of an initial or renewal
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application that conforms to the requirements for consultant
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pharmacist initial licensure or renewal as adopted by the board
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by rule and a fee set by the board not to exceed $250. To be
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licensed as a consultant pharmacist, a pharmacist must complete
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additional training as required by the board.
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(e) For purposes of this subsection, the term “health care
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facility” means an ambulatory surgical center or hospital
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licensed under chapter 395, an alcohol or chemical dependency
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treatment center licensed under chapter 397, an inpatient
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hospice licensed under part IV of chapter 400, a nursing home
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licensed under part II of chapter 400, an ambulatory care center
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as defined in s. 408.07, or a nursing home component under
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chapter 400 within a continuing care facility licensed under
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chapter 651 , or a health care clinic licensed under part X of
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chapter 400 which is owned by a hospital or by one or more
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physicians that are employed by a hospital .
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Section 2. Present paragraphs (e) through (x) of subsection
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(1) of section 626.8825, Florida Statutes, are redesignated as
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paragraphs (f) through (y), respectively, a new paragraph (e) is
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added to that subsection, and paragraph (e) of subsection (2) of
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that section is amended, to read:
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626.8825 Pharmacy benefit manager transparency and
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accountability.—
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(1) DEFINITIONS.—As used in this section, the term:
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(e) “Covered prescription drug” means any drug or biologic
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included in a pharmacy benefit manager’s formulary which is paid
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for as a pharmacy benefit under the plan at any of the plan’s
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network pharmacies.
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(2) CONTRACTS BETWEEN A PHARMACY BENEFIT MANAGER AND A
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PHARMACY BENEFITS PLAN OR PROGRAM.—In addition to any other
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requirements in the Florida Insurance Code, all contractual
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arrangements executed, amended, adjusted, or renewed on or after
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July 1, 2023, which are applicable to pharmacy benefits covered
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on or after January 1, 2024, between a pharmacy benefit manager
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and a pharmacy benefits plan or program must include, in
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substantial form, terms that ensure compliance with all of the
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following requirements and that, except to the extent not
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allowed by law, shall supersede any contractual terms to the
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contrary:
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(e) Include network adequacy requirements that meet or
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exceed Medicare Part D program standards for convenient access
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to the network pharmacies set forth in 42 C.F.R. s.
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423.120(a)(1) and that:
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1. Do not limit a network to solely include affiliated
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pharmacies;
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2. Require a pharmacy benefit manager to offer a provider
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contract to licensed pharmacies physically located on the
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physical site of providers that are:
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a. Within the pharmacy benefits plan’s or program’s
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geographic service area and that have been specifically
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designated as essential providers by the Agency for Health Care
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Administration pursuant to s. 409.975(1)(a);
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b. Designated as cancer centers of excellence under s.
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381.925, regardless of the pharmacy benefits plan’s or program’s
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geographic service area;
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c. Organ transplant hospitals, regardless of the pharmacy
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benefits plan’s or program’s geographic service area;
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d. Hospitals licensed as specialty children’s hospitals as
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defined in s. 395.002; or
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e. Regional perinatal intensive care centers as defined in
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s. 383.16(2), regardless of the pharmacy benefits plan’s or
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program’s geographic service area.
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Such provider contracts must be solely for the administration
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and or dispensing of covered prescription drugs , including
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biological products, which are administered through infusions,
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intravenously injected, or inhaled during a surgical procedure
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or are covered parenteral drugs, as part of onsite outpatient
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care;
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3. Do not require a covered person to receive a
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prescription drug by United States mail, common carrier, local
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courier, third-party company or delivery service, or pharmacy
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direct delivery unless the prescription drug cannot be acquired
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at any retail pharmacy in the pharmacy benefit manager’s network
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for the covered person’s pharmacy benefits plan or program. This
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subparagraph does not prohibit a pharmacy benefit manager from
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operating mail order or delivery programs on an opt-in basis at
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the sole discretion of a covered person, provided that the
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covered person is not penalized through the imposition of any
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additional retail cost-sharing obligations or a lower allowed
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quantity limit for choosing not to select the mail order or
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delivery programs;
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4. For the in-person administration of covered prescription
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drugs, prohibit requiring a covered person to receive pharmacist
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services from an affiliated pharmacy or an affiliated health
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care provider; and
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5. Prohibit offering or implementing pharmacy networks that
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require or provide a promotional item or an incentive, defined
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as anything other than a reduced cost-sharing amount or enhanced
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quantity limit allowed under the benefit design for a covered
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drug, to a covered person to use an affiliated pharmacy or an
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affiliated health care provider for the in-person administration
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of covered prescription drugs; or advertising, marketing, or
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promoting an affiliated pharmacy to covered persons. Subject to
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the foregoing, a pharmacy benefit manager may include an
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affiliated pharmacy in communications to covered persons
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regarding network pharmacies and prices, provided that the
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pharmacy benefit manager includes information, such as links to
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all nonaffiliated network pharmacies, in such communications and
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that the information provided is accurate and of equal
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prominence. This subparagraph may not be construed to prohibit a
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pharmacy benefit manager from entering into an agreement with an
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affiliated pharmacy to provide pharmacist services to covered
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persons.
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Section 3. This act shall take effect July 1, 2026.