Florida Senate - 2012                             CS for SB 1506
       
       
       
       By the Committee on Health Regulation; and Senator Thrasher
       
       
       
       
       588-03226-12                                          20121506c1
    1                        A bill to be entitled                      
    2         An act relating to health care; amending s. 463.002,
    3         F.S.; conforming provisions to changes made by the
    4         act; amending s. 463.005, F.S.; authorizing the Board
    5         of Optometry to adopt rules for the administration and
    6         prescription of ocular pharmaceutical agents; amending
    7         s. 463.0055, F.S.; authorizing certified optometrists
    8         to administer and prescribe pharmaceutical agents
    9         under certain circumstances; requiring that a
   10         certified optometrist complete a course and subsequent
   11         examination on general and ocular pharmacology;
   12         providing requirements for the course; requiring that
   13         the Florida Medical Association and the Florida
   14         Optometric Association jointly develop and administer
   15         the course and examination; revising qualifications of
   16         certain members of the formulary committee; providing
   17         for a formulary of topical ocular pharmaceutical
   18         agents which the committee may modify; specifying the
   19         agents that make up the statutory formulary of oral
   20         pharmaceutical agents; authorizing the deletion of an
   21         oral pharmaceutical agent listed in the statutory
   22         formulary under certain circumstances; prohibiting the
   23         board, the Department of Health, or the State Surgeon
   24         General from deleting an oral pharmaceutical agent
   25         listed in the statutory formulary; amending ss.
   26         463.0057 and 463.006, F.S.; conforming provisions to
   27         changes made by the act; amending s. 463.0135, F.S.;
   28         requiring that a certified optometrist administer and
   29         prescribe oral ocular pharmaceutical agents in a
   30         certain manner; requiring that a licensed practitioner
   31         who diagnoses a patient who has a neovascular form of
   32         glaucoma or progressive glaucoma immediately refer the
   33         patient to a physician who is skilled in the diseases
   34         of the eye; requiring that comanagement of
   35         postoperative care be conducted pursuant to an
   36         established protocol; requiring that the patient be
   37         informed that a physician will be available for
   38         emergency care throughout the postoperative period;
   39         requiring that the patient consent in writing to the
   40         comanagement relationship; amending s. 463.014, F.S.;
   41         revising certain prohibited acts regarding an
   42         optometrist conducting surgery and dispensing,
   43         administering, ordering, supplying, or selling certain
   44         drugs; creating s. 463.0141, F.S.; requiring that
   45         adverse incidents in the practice of optometry be
   46         reported to the Department of Health; providing
   47         requirements for notifying the department of an
   48         adverse incident; providing a definition; requiring
   49         that the department review each incident and determine
   50         whether it involved conduct that is subject to
   51         disciplinary action; requiring that the Board of
   52         Optometry take disciplinary action if necessary;
   53         amending s. 483.035, F.S., relating to licensure and
   54         regulation of clinical laboratories operated by
   55         practitioners for exclusive use; providing
   56         applicability to clinical laboratories operated by
   57         practitioners licensed to practice optometry; amending
   58         s. 483.041, F.S.; revising the definition of the term
   59         “licensed practitioner” to include a practitioner
   60         licensed under ch. 463, F.S.; amending s. 483.181,
   61         F.S.; requiring clinical laboratories to accept human
   62         specimens submitted by practitioners licensed to
   63         practice under ch. 463, F.S.; amending s. 766.102,
   64         F.S.; providing that the claimant has the burden of
   65         proving by clear and convincing evidence that the
   66         actions of a health care provider represented a breach
   67         of the prevailing professional standard of care in an
   68         action for damages based on death or personal injury
   69         which alleges that the death or injury resulted from
   70         the failure of a health care provider to order,
   71         perform, or administer supplemental diagnostic tests;
   72         amending s. 766.106, F.S.; authorizing a prospective
   73         defendant to obtain informal discovery by conducting
   74         ex parte interviews of treating health care providers;
   75         requiring advance notice to the claimant of an ex
   76         parte interview; creating s. 766.1091, F.S.;
   77         authorizing a health care provider or health care
   78         clinic and a patient or prospective patient to agree
   79         to submit a current or future claim of medical
   80         negligence to arbitration; requiring that the
   81         arbitration agreement be governed by ch. 682, F.S.;
   82         authorizing the arbitration agreement to contain a
   83         provision that limits an award of damages; amending s.
   84         893.02, F.S.; revising the definition of the term
   85         “practitioner” to include certified optometrists for
   86         purposes of the Florida Comprehensive Drug Abuse
   87         Prevention and Control Act; amending s. 893.05, F.S.;
   88         prohibiting certified optometrists from administering
   89         and prescribing certain controlled substances;
   90         providing an effective date.
   91  
   92  Be It Enacted by the Legislature of the State of Florida:
   93  
   94         Section 1. Subsections (3), (4), and (5) of section
   95  463.002, Florida Statutes, are amended to read:
   96         463.002 Definitions.—As used in this chapter, the term:
   97         (3)(a) “Licensed practitioner” means a person who is a
   98  primary health care provider licensed to engage in the practice
   99  of optometry under the authority of this chapter.
  100         (b) A licensed practitioner who is not a certified
  101  optometrist shall be required to display at her or his place of
  102  practice a sign which states, “I am a Licensed Practitioner, not
  103  a Certified Optometrist, and I am not able to prescribe topical
  104  ocular pharmaceutical agents.”
  105         (c) All practitioners initially licensed after July 1,
  106  1993, must be certified optometrists.
  107         (4) “Certified optometrist” means a licensed practitioner
  108  authorized by the board to administer and prescribe topical
  109  ocular pharmaceutical agents.
  110         (5) “Optometry” means the diagnosis of conditions of the
  111  human eye and its appendages; the employment of any objective or
  112  subjective means or methods, including the administration of
  113  topical ocular pharmaceutical agents, for the purpose of
  114  determining the refractive powers of the human eyes, or any
  115  visual, muscular, neurological, or anatomic anomalies of the
  116  human eyes and their appendages; and the prescribing and
  117  employment of lenses, prisms, frames, mountings, contact lenses,
  118  orthoptic exercises, light frequencies, and any other means or
  119  methods, including topical ocular pharmaceutical agents, for the
  120  correction, remedy, or relief of any insufficiencies or abnormal
  121  conditions of the human eyes and their appendages.
  122         Section 2. Paragraph (g) of subsection (1) of section
  123  463.005, Florida Statutes, is amended to read:
  124         463.005 Authority of the board.—
  125         (1) The Board of Optometry has authority to adopt rules
  126  pursuant to ss. 120.536(1) and 120.54 to implement the
  127  provisions of this chapter conferring duties upon it. Such rules
  128  shall include, but not be limited to, rules relating to:
  129         (g) Administration and prescription of topical ocular
  130  pharmaceutical agents.
  131         Section 3. Section 463.0055, Florida Statutes, is amended
  132  to read:
  133         463.0055 Administration and prescription of topical ocular
  134  pharmaceutical agents; committee.—
  135         (1)(a) Certified optometrists may administer and prescribe
  136  topical ocular pharmaceutical agents as provided in this section
  137  for the diagnosis and treatment of ocular conditions of the
  138  human eye and its appendages without the use of surgery or other
  139  invasive techniques. However, a licensed practitioner who is not
  140  certified may use topically applied anesthetics solely for the
  141  purpose of glaucoma examinations, but is otherwise prohibited
  142  from administering or prescribing topical ocular pharmaceutical
  143  agents.
  144         (b) Before a certified optometrist may administer or
  145  prescribe oral ocular pharmaceutical agents, the certified
  146  optometrist must complete a course and subsequent examination on
  147  general and ocular pharmacology which have a particular emphasis
  148  on the ingestion of oral pharmaceutical agents and the side
  149  effects of those agents. For certified optometrists licensed
  150  before January 1, 1990, the course shall consist of 50 contact
  151  hours and 25 of those hours shall be Internet-based. For
  152  certified optometrists licensed on or after January 1, 1990, the
  153  course shall consist of 20 contact hours and 10 of those hours
  154  shall be Internet-based. The first course and examination shall
  155  be presented by January 1, 2013, and shall thereafter be
  156  administered at least annually. The Florida Medical Association
  157  and the Florida Optometric Association shall jointly develop and
  158  administer a course and examination for such purpose and jointly
  159  determine the site or sites for the course and examination.
  160         (2)(a) There is hereby created a committee composed of two
  161  certified optometrists licensed pursuant to this chapter,
  162  appointed by the Board of Optometry, two board-certified
  163  ophthalmologists licensed pursuant to chapter 458 or chapter
  164  459, appointed by the Board of Medicine, and one additional
  165  person with a doctorate degree in pharmacology who is not
  166  licensed pursuant to chapter 458, chapter 459, or this chapter,
  167  appointed by the State Surgeon General. The committee shall
  168  review requests for additions to, deletions from, or
  169  modifications of a formulary of topical ocular pharmaceutical
  170  agents for administration and prescription by certified
  171  optometrists and shall provide to the board advisory opinions
  172  and recommendations on such requests. The formulary of topical
  173  ocular pharmaceutical agents shall consist of those topical
  174  ocular pharmaceutical agents that are appropriate to treat and
  175  diagnose ocular diseases and disorders and that which the
  176  certified optometrist is qualified to use in the practice of
  177  optometry. The board shall establish, add to, delete from, or
  178  modify the formulary by rule. Notwithstanding any provision of
  179  chapter 120 to the contrary, the formulary rule shall become
  180  effective 60 days from the date it is filed with the Secretary
  181  of State.
  182         (b) The topical formulary may be added to, deleted from, or
  183  modified according to the procedure described in paragraph (a).
  184  Any person who requests an addition, deletion, or modification
  185  of an authorized topical ocular pharmaceutical agent shall have
  186  the burden of proof to show cause why such addition, deletion,
  187  or modification should be made.
  188         (c) The State Surgeon General shall have standing to
  189  challenge any rule or proposed rule of the board pursuant to s.
  190  120.56. In addition to challenges for any invalid exercise of
  191  delegated legislative authority, the administrative law judge,
  192  upon such a challenge by the State Surgeon General, may declare
  193  all or part of a rule or proposed rule invalid if it:
  194         1. Does not protect the public from any significant and
  195  discernible harm or damages;
  196         2. Unreasonably restricts competition or the availability
  197  of professional services in the state or in a significant part
  198  of the state; or
  199         3. Unnecessarily increases the cost of professional
  200  services without a corresponding or equivalent public benefit.
  201  
  202  However, there shall not be created a presumption of the
  203  existence of any of the conditions cited in this subsection in
  204  the event that the rule or proposed rule is challenged.
  205         (d) Upon adoption of the topical formulary required by this
  206  section, and upon each addition, deletion, or modification to
  207  the topical formulary, the board shall mail a copy of the
  208  amended topical formulary to each certified optometrist and to
  209  each pharmacy licensed by the state.
  210         (3) In addition to the formulary of topical ocular
  211  pharmaceutical agents in subsection (2), there is created a
  212  statutory formulary of oral pharmaceutical agents, which include
  213  the following agents:
  214         (a) The following analgesics, or their generic or
  215  therapeutic equivalents, which may not be administered or
  216  prescribed for more than 72 hours without consultation with a
  217  physician licensed under chapter 458 or chapter 459 who is
  218  skilled in diseases of the eye:
  219         1. Tramadol hydrochloride.
  220         2. Acetaminophen 300 mg with No. 3 codeine phosphate 30 mg.
  221         (b) The following antibiotics, or their generic or
  222  therapeutic equivalents:
  223         1. Amoxicillin.
  224         2. Azithromycin.
  225         3. Ciproflaxacin.
  226         4. Dicloxacillin.
  227         5. Doxycycline.
  228         6. Keflex.
  229         7. Minocycline.
  230         (c) The following antivirals, or their generic or
  231  therapeutic equivalents:
  232         1. Acyclovir.
  233         2. Famciclovir.
  234         3. Valacyclovir.
  235         (d) The following oral anti-glaucoma agents, or their
  236  generic or therapeutic equivalents, which may not be
  237  administered or prescribed for more than 72 hours without
  238  consultation with a physician licensed under chapter 458 or
  239  chapter 459 who is skilled in diseases of the eye:
  240         1. Acetazolamide.
  241         2. Methazolamide.
  242  
  243  Any oral pharmaceutical agent that is listed in the statutory
  244  formulary set forth in this subsection and that is subsequently
  245  determined by the United States Food and Drug Administration to
  246  be unsafe for administration or prescription shall be considered
  247  to have been deleted from the formulary of oral pharmaceutical
  248  agents. The oral pharmaceutical agents on the statutory
  249  formulary set forth in this subsection may not otherwise be
  250  deleted by the board, the department, or the State Surgeon
  251  General.
  252         (4)(3) A certified optometrist shall be issued a prescriber
  253  number by the board. Any prescription written by a certified
  254  optometrist for a topical ocular pharmaceutical agent pursuant
  255  to this section shall have the prescriber number printed
  256  thereon.
  257         Section 4. Subsection (3) of section 463.0057, Florida
  258  Statutes, is amended to read:
  259         463.0057 Optometric faculty certificate.—
  260         (3) The holder of a faculty certificate may engage in the
  261  practice of optometry as permitted by this section, but may not
  262  administer or prescribe topical ocular pharmaceutical agents
  263  unless the certificateholder has satisfied the requirements of
  264  ss. 463.0055(1)(b) and s. 463.006(1)(b)4. and 5.
  265         Section 5. Subsections (2) and (3) of section 463.006,
  266  Florida Statutes, are amended to read:
  267         463.006 Licensure and certification by examination.—
  268         (2) The examination shall consist of the appropriate
  269  subjects, including applicable state laws and rules and general
  270  and ocular pharmacology with emphasis on the use topical
  271  application and side effects of ocular pharmaceutical agents.
  272  The board may by rule substitute a national examination as part
  273  or all of the examination and may by rule offer a practical
  274  examination in addition to the written examination.
  275         (3) Each applicant who successfully passes the examination
  276  and otherwise meets the requirements of this chapter is entitled
  277  to be licensed as a practitioner and to be certified to
  278  administer and prescribe topical ocular pharmaceutical agents in
  279  the diagnosis and treatment of ocular conditions.
  280         Section 6. Subsections (1) and (2) of section 463.0135,
  281  Florida Statutes, are amended, and subsection (10) is added to
  282  that section, to read:
  283         463.0135 Standards of practice.—
  284         (1) A licensed practitioner shall provide that degree of
  285  care which conforms to that level of care provided by medical
  286  practitioners in the same or similar communities. A certified
  287  optometrist shall administer and prescribe oral ocular
  288  pharmaceutical agents in a manner consistent with applicable
  289  preferred practice patterns of the American Academy of
  290  Ophthalmology. A licensed practitioner shall advise or assist
  291  her or his patient in obtaining further care when the service of
  292  another health care practitioner is required.
  293         (2) A licensed practitioner diagnosing angle closure,
  294  neovascular, infantile, or congenital forms of glaucoma shall
  295  promptly and without unreasonable delay refer the patient to a
  296  physician skilled in diseases of the eye and licensed under
  297  chapter 458 or chapter 459. In addition, a licensed practitioner
  298  shall timely refer any patient who experiences progressive
  299  glaucoma due to failed pharmaceutical intervention to a
  300  physician who is skilled in diseases of the eye and licensed
  301  under chapter 458 or chapter 459.
  302         (10) Comanagement of postoperative care shall be conducted
  303  pursuant to an established protocol that governs the
  304  relationship between the operating surgeon and the optometrist.
  305  The patient shall be informed that either physician will be
  306  available for emergency care throughout the postoperative
  307  period, and the patient shall consent in writing to the
  308  comanagement relationship.
  309         Section 7. Subsections (3) and (4) of section 463.014,
  310  Florida Statutes, are amended to read:
  311         463.014 Certain acts prohibited.—
  312         (3) Prescribing, ordering, dispensing, administering,
  313  supplying, selling, or giving any systemic drugs for the purpose
  314  of treating a systemic disease by a licensed practitioner is
  315  prohibited. However, a certified optometrist is permitted to use
  316  commonly accepted means or methods to immediately address
  317  incidents of anaphylaxis.
  318         (4) Surgery of any kind, including the use of lasers, is
  319  expressly prohibited. For purposes of this subsection, the term
  320  “surgery” means a procedure using an instrument, including
  321  lasers, scalpels, or needles, in which human tissue is cut,
  322  burned, or vaporized by incision, injection, ultrasound, laser,
  323  or radiation. The term includes procedures using instruments
  324  that require closing by suturing, clamping, or another such
  325  device. Certified optometrists may remove superficial foreign
  326  bodies. For the purposes of this subsection, the term
  327  “superficial foreign bodies” means any foreign matter that is
  328  embedded in the conjunctiva or cornea but which has not
  329  penetrated the globe.
  330         Section 8. Section 463.0141, Florida Statutes, is created
  331  to read:
  332         463.0141Reports of adverse incidents in the practice of
  333  optometry.—
  334         (1) Any adverse incident that occurs on or after January 1,
  335  2013, in the practice of optometry must be reported to the
  336  department in accordance with this section.
  337         (2) The required notification to the department must be
  338  submitted in writing by certified mail and postmarked within 15
  339  days after the occurrence of the adverse incident.
  340         (3) For purposes of notification to the department, the
  341  term “adverse incident,” as used in this section, means an event
  342  that is associated in whole or in part with the prescribing of
  343  an oral ocular pharmaceutical agent and that results in one of
  344  the following:
  345         (a) Any condition that requires the transfer of a patient
  346  to a hospital licensed under chapter 395;
  347         (b) Any condition that requires the patient to obtain care
  348  from a physician licensed under chapter 458 or chapter 459,
  349  other than a referral or a consultation required under this
  350  chapter;
  351         (c) Permanent physical injury to the patient;
  352         (d) Partial or complete permanent loss of sight by the
  353  patient; or
  354         (e) Death of the patient.
  355         (4) The department shall review each incident and determine
  356  whether it potentially involved conduct by the licensed
  357  practitioner which may be subject to disciplinary action, in
  358  which case s. 456.073 applies. Disciplinary action, if any,
  359  shall be taken by the board.
  360         Section 9. Subsection (1) of section 483.035, Florida
  361  Statutes, is amended to read:
  362         483.035 Clinical laboratories operated by practitioners for
  363  exclusive use; licensure and regulation.—
  364         (1) A clinical laboratory operated by one or more
  365  practitioners licensed under chapter 458, chapter 459, chapter
  366  460, chapter 461, chapter 462, chapter 463, or chapter 466,
  367  exclusively in connection with the diagnosis and treatment of
  368  their own patients, must be licensed under this part and must
  369  comply with the provisions of this part, except that the agency
  370  shall adopt rules for staffing, for personnel, including
  371  education and training of personnel, for proficiency testing,
  372  and for construction standards relating to the licensure and
  373  operation of the laboratory based upon and not exceeding the
  374  same standards contained in the federal Clinical Laboratory
  375  Improvement Amendments of 1988 and the federal regulations
  376  adopted thereunder.
  377         Section 10. Subsection (7) of section 483.041, Florida
  378  Statutes, is amended to read:
  379         483.041 Definitions.—As used in this part, the term:
  380         (7) “Licensed practitioner” means a physician licensed
  381  under chapter 458, chapter 459, chapter 460, or chapter 461, or
  382  chapter 463; a dentist licensed under chapter 466; a person
  383  licensed under chapter 462; or an advanced registered nurse
  384  practitioner licensed under part I of chapter 464; or a duly
  385  licensed practitioner from another state licensed under similar
  386  statutes who orders examinations on materials or specimens for
  387  nonresidents of the State of Florida, but who reside in the same
  388  state as the requesting licensed practitioner.
  389         Section 11. Subsection (5) of section 483.181, Florida
  390  Statutes, is amended to read:
  391         483.181 Acceptance, collection, identification, and
  392  examination of specimens.—
  393         (5) A clinical laboratory licensed under this part must
  394  accept a human specimen submitted for examination by a
  395  practitioner licensed under chapter 458, chapter 459, chapter
  396  460, chapter 461, chapter 462, chapter 463, s. 464.012, or
  397  chapter 466, if the specimen and test are the type performed by
  398  the clinical laboratory. A clinical laboratory may only refuse a
  399  specimen based upon a history of nonpayment for services by the
  400  practitioner. A clinical laboratory shall not charge different
  401  prices for tests based upon the chapter under which a
  402  practitioner submitting a specimen for testing is licensed.
  403         Section 12. Subsection (4) of section 766.102, Florida
  404  Statutes, is amended to read:
  405         766.102 Medical negligence; standards of recovery; expert
  406  witness.—
  407         (4)(a) The Legislature is cognizant of the changing trends
  408  and techniques for the delivery of health care in this state and
  409  the discretion that is inherent in the diagnosis, care, and
  410  treatment of patients by different health care providers. The
  411  failure of a health care provider to order, perform, or
  412  administer supplemental diagnostic tests is shall not be
  413  actionable if the health care provider acted in good faith and
  414  with due regard for the prevailing professional standard of
  415  care.
  416         (b) The claimant has the burden of proving by clear and
  417  convincing evidence that the alleged actions of the health care
  418  provider represent a breach of the prevailing professional
  419  standard of care in an action for damages based on death or
  420  personal injury which alleges that the death or injury resulted
  421  from the failure of a health care provider to order, perform, or
  422  administer supplemental diagnostic tests.
  423         Section 13. Paragraph (b) of subsection (6) of section
  424  766.106, Florida Statutes, is amended to read:
  425         766.106 Notice before filing action for medical negligence;
  426  presuit screening period; offers for admission of liability and
  427  for arbitration; informal discovery; review.—
  428         (6) INFORMAL DISCOVERY.—
  429         (b) Informal discovery may be used by a party to obtain
  430  unsworn statements, the production of documents or things, and
  431  physical and mental examinations, and ex parte interviews, as
  432  follows:
  433         1. Unsworn statements.—Any party may require other parties
  434  to appear for the taking of an unsworn statement. Such
  435  statements may be used only for the purpose of presuit screening
  436  and are not discoverable or admissible in any civil action for
  437  any purpose by any party. A party desiring to take the unsworn
  438  statement of any party must give reasonable notice in writing to
  439  all parties. The notice must state the time and place for taking
  440  the statement and the name and address of the party to be
  441  examined. Unless otherwise impractical, the examination of any
  442  party must be done at the same time by all other parties. Any
  443  party may be represented by counsel at the taking of an unsworn
  444  statement. An unsworn statement may be recorded electronically,
  445  stenographically, or on videotape. The taking of unsworn
  446  statements is subject to the provisions of the Florida Rules of
  447  Civil Procedure and may be terminated for abuses.
  448         2. Documents or things.—Any party may request discovery of
  449  documents or things. The documents or things must be produced,
  450  at the expense of the requesting party, within 20 days after the
  451  date of receipt of the request. A party is required to produce
  452  discoverable documents or things within that party’s possession
  453  or control. Medical records shall be produced as provided in s.
  454  766.204.
  455         3. Physical and mental examinations.—A prospective
  456  defendant may require an injured claimant to appear for
  457  examination by an appropriate health care provider. The
  458  prospective defendant shall give reasonable notice in writing to
  459  all parties as to the time and place for examination. Unless
  460  otherwise impractical, a claimant is required to submit to only
  461  one examination on behalf of all potential defendants. The
  462  practicality of a single examination must be determined by the
  463  nature of the claimant’s condition, as it relates to the
  464  liability of each prospective defendant. Such examination report
  465  is available to the parties and their attorneys upon payment of
  466  the reasonable cost of reproduction and may be used only for the
  467  purpose of presuit screening. Otherwise, such examination report
  468  is confidential and exempt from the provisions of s. 119.07(1)
  469  and s. 24(a), Art. I of the State Constitution.
  470         4. Written questions.—Any party may request answers to
  471  written questions, the number of which may not exceed 30,
  472  including subparts. A response must be made within 20 days after
  473  receipt of the questions.
  474         5. Unsworn statements of treating health care providers.—A
  475  prospective defendant or his or her legal representative may
  476  also take unsworn statements of the claimant’s treating health
  477  care providers. The statements must be limited to those areas
  478  that are potentially relevant to the claim of personal injury or
  479  wrongful death. Subject to the procedural requirements of
  480  subparagraph 1., a prospective defendant may take unsworn
  481  statements from a claimant’s treating physicians. Reasonable
  482  notice and opportunity to be heard must be given to the claimant
  483  or the claimant’s legal representative before taking unsworn
  484  statements. The claimant or claimant’s legal representative has
  485  the right to attend the taking of such unsworn statements.
  486         6. Ex parte interviews of treating health care providers.—A
  487  prospective defendant or his or her legal representative may
  488  interview the claimant’s treating health care providers without
  489  the presence of the claimant or the claimant’s legal
  490  representative. If a prospective defendant or his or her legal
  491  representative intends to interview a claimant’s health care
  492  providers, the prospective defendant must provide the claimant
  493  with notice of such interview at least 10 days before the date
  494  of the interview.
  495         Section 14. Section 766.1091, Florida Statutes, is created
  496  to read:
  497         766.1091 Voluntary binding arbitration; damages.—
  498         (1)A health care provider licensed under chapter 458,
  499  chapter 459, chapter 463, or chapter 466; any entity owned in
  500  whole or in part by a health care provider licensed under
  501  chapter 458, chapter 459, chapter 463, or chapter 466; or any
  502  health care clinic licensed under part X of chapter 400, and a
  503  patient or prospective patient, may agree in writing to submit
  504  to arbitration any claim for medical negligence which may
  505  currently exist or may accrue in the future and would otherwise
  506  be brought pursuant to this chapter. Any arbitration agreement
  507  entered into pursuant to this section shall be governed by
  508  chapter 682.
  509         (2)Any arbitration agreement entered into pursuant to
  510  subsection (1) may contain a provision that limits the available
  511  damages in an arbitration award.
  512         Section 15. Subsection (21) of section 893.02, Florida
  513  Statutes, is amended to read:
  514         893.02 Definitions.—The following words and phrases as used
  515  in this chapter shall have the following meanings, unless the
  516  context otherwise requires:
  517         (21) “Practitioner” means a physician licensed pursuant to
  518  chapter 458, a dentist licensed pursuant to chapter 466, a
  519  veterinarian licensed pursuant to chapter 474, an osteopathic
  520  physician licensed pursuant to chapter 459, a naturopath
  521  licensed pursuant to chapter 462, a certified optometrist
  522  licensed under chapter 463, or a podiatric physician licensed
  523  pursuant to chapter 461, provided such practitioner holds a
  524  valid federal controlled substance registry number.
  525         Section 16. Subsection (1) of section 893.05, Florida
  526  Statutes, is amended to read:
  527         893.05 Practitioners and persons administering controlled
  528  substances in their absence.—
  529         (1) A practitioner, in good faith and in the course of his
  530  or her professional practice only, may prescribe, administer,
  531  dispense, mix, or otherwise prepare a controlled substance, or
  532  the practitioner may cause the same to be administered by a
  533  licensed nurse or an intern practitioner under his or her
  534  direction and supervision only. A veterinarian may so prescribe,
  535  administer, dispense, mix, or prepare a controlled substance for
  536  use on animals only, and may cause it to be administered by an
  537  assistant or orderly under the veterinarian’s direction and
  538  supervision only. A certified optometrist licensed under chapter
  539  463 may not administer or prescribe pharmaceutical agents in
  540  Schedule I or Schedule II of the Florida Comprehensive Drug
  541  Abuse Prevention and Control Act.
  542         Section 17. This act shall take effect July 1, 2012.