Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 398 Barcode 841286 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/21/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Bean) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (e) of subsection (4) of section 6 458.347, Florida Statutes, is amended, and paragraph (g) is 7 added to that subsection, to read: 8 458.347 Physician assistants.— 9 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.— 10 (e) A supervisory physician may delegate to a fully 11 licensed physician assistant the authority to prescribe or 12 dispense any medication used in the supervisory physician’s 13 practice unless such medication is listed on the formulary 14 created pursuant to paragraph (f). A fully licensed physician 15 assistant may only prescribe or dispense such medication under 16 the following circumstances: 17 1. A physician assistant must clearly identify to the 18 patient that he or she is a physician assistant. Furthermore, 19 the physician assistant must inform the patient that the patient 20 has the right to see the physician prior to any prescription 21 being prescribed or dispensed by the physician assistant. 22 2. The supervisory physician must notify the department of 23 his or her intent to delegate, on a department-approved form, 24 before delegating such authority and notify the department of 25 any change in prescriptive privileges of the physician 26 assistant. Authority to dispense may be delegated only by a 27 supervising physician who is registered as a dispensing 28 practitioner in compliance with s. 465.0276. 29 3. The physician assistant must file with the department a 30 signed affidavit that he or she has completed a minimum of 10 31 continuing medical education hours in the specialty practice in 32 which the physician assistant has prescriptive privileges with 33 each licensure renewal application. 34 4. The department may issue a prescriber number to the 35 physician assistant granting authority for the prescribing of 36 medicinal drugs authorized within this paragraph upon completion 37 of the foregoing requirements. The physician assistant shall not 38 be required to independently register pursuant to s. 465.0276. 39 5. The prescription must be written in a form that complies 40 with chapter 499 and must contain, in addition to the 41 supervisory physician’s name, address, and telephone number, the 42 physician assistant’s prescriber number. Unless it is a drug or 43 drug sample dispensed by the physician assistant, the 44 prescription must be filled in a pharmacy permitted under 45 chapter 465 and must be dispensed in that pharmacy by a 46 pharmacist licensed under chapter 465. The appearance of the 47 prescriber number creates a presumption that the physician 48 assistant is authorized to prescribe the medicinal drug and the 49 prescription is valid. 50 6. The physician assistant must note the prescription or 51 dispensing of medication in the appropriate medical record. 527. This paragraph does not prohibit a supervisory physician53from delegating to a physician assistant the authority to order54medication for a hospitalized patient of the supervisory55physician.56 57This paragraph does not apply to facilities licensed pursuant to58chapter 395.59 (g) A supervisory physician may delegate to a licensed 60 physician assistant the authority to order medications for the 61 supervisory physician’s patient in a facility licensed under 62 chapter 395, notwithstanding any provisions in chapter 465 or 63 chapter 893 which may prohibit this delegation. For the purpose 64 of this paragraph, an order is not considered a prescription. A 65 licensed physician assistant working in a facility that is 66 licensed under chapter 395 may order any medication under the 67 direction of the supervisory physician. 68 Section 2. Paragraph (e) of subsection (4) of section 69 459.022, Florida Statutes, is amended, and paragraph (f) is 70 added to that subsection, to read: 71 459.022 Physician assistants.— 72 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.— 73 (e) A supervisory physician may delegate to a fully 74 licensed physician assistant the authority to prescribe or 75 dispense any medication used in the supervisory physician’s 76 practice unless such medication is listed on the formulary 77 created pursuant to s. 458.347. A fully licensed physician 78 assistant may only prescribe or dispense such medication under 79 the following circumstances: 80 1. A physician assistant must clearly identify to the 81 patient that she or he is a physician assistant. Furthermore, 82 the physician assistant must inform the patient that the patient 83 has the right to see the physician prior to any prescription 84 being prescribed or dispensed by the physician assistant. 85 2. The supervisory physician must notify the department of 86 her or his intent to delegate, on a department-approved form, 87 before delegating such authority and notify the department of 88 any change in prescriptive privileges of the physician 89 assistant. Authority to dispense may be delegated only by a 90 supervisory physician who is registered as a dispensing 91 practitioner in compliance with s. 465.0276. 92 3. The physician assistant must file with the department a 93 signed affidavit that she or he has completed a minimum of 10 94 continuing medical education hours in the specialty practice in 95 which the physician assistant has prescriptive privileges with 96 each licensure renewal application. 97 4. The department may issue a prescriber number to the 98 physician assistant granting authority for the prescribing of 99 medicinal drugs authorized within this paragraph upon completion 100 of the foregoing requirements. The physician assistant shall not 101 be required to independently register pursuant to s. 465.0276. 102 5. The prescription must be written in a form that complies 103 with chapter 499 and must contain, in addition to the 104 supervisory physician’s name, address, and telephone number, the 105 physician assistant’s prescriber number. Unless it is a drug or 106 drug sample dispensed by the physician assistant, the 107 prescription must be filled in a pharmacy permitted under 108 chapter 465, and must be dispensed in that pharmacy by a 109 pharmacist licensed under chapter 465. The appearance of the 110 prescriber number creates a presumption that the physician 111 assistant is authorized to prescribe the medicinal drug and the 112 prescription is valid. 113 6. The physician assistant must note the prescription or 114 dispensing of medication in the appropriate medical record. 1157. This paragraph does not prohibit a supervisory physician116from delegating to a physician assistant the authority to order117medication for a hospitalized patient of the supervisory118physician.119 120This paragraph does not apply to facilities licensed pursuant to121chapter 395.122 (f) A supervisory physician may delegate to a licensed 123 physician assistant the authority to order medications for the 124 supervisory physician’s patient in a facility licensed under 125 chapter 395, notwithstanding any provisions in chapter 465 or 126 chapter 893 which may prohibit this delegation. For the purpose 127 of this paragraph, an order is not considered a prescription. A 128 licensed physician assistant working in a facility that is 129 licensed under chapter 395 may order any medication under the 130 direction of the supervisory physician. 131 Section 3. This act shall take effect July 1, 2013. 132 133 ================= T I T L E A M E N D M E N T ================ 134 And the title is amended as follows: 135 Delete everything before the enacting clause 136 and insert: 137 A bill to be entitled 138 An act relating to physician assistants; amending ss. 139 458.347 and 459.022, F.S.; authorizing a supervisory 140 physician to delegate to a licensed physician 141 assistant the authority to order medications for the 142 supervisory physician’s patient in a facility licensed 143 under ch. 395, F.S.; deleting provisions to conform to 144 changes made by the act; providing that an order is 145 not a prescription; authorizing a licensed physician 146 assistant to order medication under the direction of 147 the supervisory physician; providing an effective 148 date.