Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1006
                                Barcode 549850                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/27/2012           .                                

       The Committee on Health Regulation (Jones) recommended the
    1         Senate Amendment to Amendment (416374) (with directory and
    2  title amendments)
    4         Between lines 150 and 151
    5  insert:
    6         (t) Health care clinic establishment permit.—Effective
    7  January 1, 2009, a health care clinic establishment permit is
    8  required for the purchase of a prescription drug by a place of
    9  business at one general physical location that provides health
   10  care or veterinary services, which is owned and operated by a
   11  business entity that has been issued a federal employer tax
   12  identification number. For the purpose of this paragraph, the
   13  term “qualifying practitioner” means a licensed health care
   14  practitioner defined in s. 456.001, or a veterinarian licensed
   15  under chapter 474, who is authorized under the appropriate
   16  practice act to prescribe and administer a prescription drug.
   17         1. An establishment must provide, as part of the
   18  application required under s. 499.012, designation of a
   19  qualifying practitioner who will be responsible for complying
   20  with all legal and regulatory requirements related to the
   21  purchase, recordkeeping, storage, and handling of the
   22  prescription drugs. In addition, the designated qualifying
   23  practitioner shall be the practitioner whose name, establishment
   24  address, and license number is used on all distribution
   25  documents for prescription drugs purchased or returned by the
   26  health care clinic establishment. Upon initial appointment of a
   27  qualifying practitioner, the qualifying practitioner and the
   28  health care clinic establishment shall notify the department on
   29  a form furnished by the department within 10 days after such
   30  employment. In addition, the qualifying practitioner and health
   31  care clinic establishment shall notify the department within 10
   32  days after any subsequent change.
   33         2. The health care clinic establishment must employ a
   34  qualifying practitioner at each establishment.
   35         3. In addition to the remedies and penalties provided in
   36  this part, a violation of this chapter by the health care clinic
   37  establishment or qualifying practitioner constitutes grounds for
   38  discipline of the qualifying practitioner by the appropriate
   39  regulatory board.
   40         4. The purchase of prescription drugs by the health care
   41  clinic establishment is prohibited during any period of time
   42  when the establishment does not comply with this paragraph.
   43         5. A health care clinic establishment permit is not a
   44  pharmacy permit or otherwise subject to chapter 465. A health
   45  care clinic establishment that meets the criteria of a modified
   46  Class II institutional pharmacy under s. 465.019 is not eligible
   47  to be permitted under this paragraph.
   48         6. This paragraph does not apply to the purchase of a
   49  prescription drug by a licensed practitioner under his or her
   50  license. A professional corporation or limited liability company
   51  composed of dentists and operating as authorized in s. 466.0285
   52  may pay for prescription drugs obtained by a practitioner
   53  licensed under chapter 466, and the licensed practitioner is
   54  deemed the purchaser and owner of the prescription drugs.
   56  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   57         And the directory clause is amended as follows:
   58         Delete line 57
   59  and insert:
   60         Section 2. Paragraphs (c), (e), and (t) of subsection (2)
   61  of
   63  ================= T I T L E  A M E N D M E N T ================
   64         And the title is amended as follows:
   65         Delete line 274
   66  and insert:
   67         intracompany sale or transfer of prescription drugs;
   68         authorizing certain business entities to pay for
   69         prescription drugs obtained by practitioners licensed
   70         under ch. 466, F.S.;