ENROLLED 2013 Legislature CS for CS for SB 398 2013398er 1 2 An act relating to physician assistants; amending ss. 3 458.347 and 459.022, F.S.; authorizing a supervisory 4 physician to delegate to a licensed physician 5 assistant the authority to order medications for the 6 supervisory physician’s patient in a facility licensed 7 under ch. 395, F.S.; deleting provisions to conform to 8 changes made by the act; providing that an order is 9 not a prescription; authorizing a licensed physician 10 assistant to order medication under the direction of 11 the supervisory physician; providing an effective 12 date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (e) of subsection (4) of section 17 458.347, Florida Statutes, is amended, and paragraph (g) is 18 added to that subsection, to read: 19 458.347 Physician assistants.— 20 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.— 21 (e) A supervisory physician may delegate to a fully 22 licensed physician assistant the authority to prescribe or 23 dispense any medication used in the supervisory physician’s 24 practice unless such medication is listed on the formulary 25 created pursuant to paragraph (f). A fully licensed physician 26 assistant may only prescribe or dispense such medication under 27 the following circumstances: 28 1. A physician assistant must clearly identify to the 29 patient that he or she is a physician assistant. Furthermore, 30 the physician assistant must inform the patient that the patient 31 has the right to see the physician prior to any prescription 32 being prescribed or dispensed by the physician assistant. 33 2. The supervisory physician must notify the department of 34 his or her intent to delegate, on a department-approved form, 35 before delegating such authority and notify the department of 36 any change in prescriptive privileges of the physician 37 assistant. Authority to dispense may be delegated only by a 38 supervising physician who is registered as a dispensing 39 practitioner in compliance with s. 465.0276. 40 3. The physician assistant must file with the department a 41 signed affidavit that he or she has completed a minimum of 10 42 continuing medical education hours in the specialty practice in 43 which the physician assistant has prescriptive privileges with 44 each licensure renewal application. 45 4. The department may issue a prescriber number to the 46 physician assistant granting authority for the prescribing of 47 medicinal drugs authorized within this paragraph upon completion 48 of the foregoing requirements. The physician assistant shall not 49 be required to independently register pursuant to s. 465.0276. 50 5. The prescription must be written in a form that complies 51 with chapter 499 and must contain, in addition to the 52 supervisory physician’s name, address, and telephone number, the 53 physician assistant’s prescriber number. Unless it is a drug or 54 drug sample dispensed by the physician assistant, the 55 prescription must be filled in a pharmacy permitted under 56 chapter 465 and must be dispensed in that pharmacy by a 57 pharmacist licensed under chapter 465. The appearance of the 58 prescriber number creates a presumption that the physician 59 assistant is authorized to prescribe the medicinal drug and the 60 prescription is valid. 61 6. The physician assistant must note the prescription or 62 dispensing of medication in the appropriate medical record. 637. This paragraph does not prohibit a supervisory physician64from delegating to a physician assistant the authority to order65medication for a hospitalized patient of the supervisory66physician.67 68This paragraph does not apply to facilities licensed pursuant to69chapter 395.70 (g) A supervisory physician may delegate to a licensed 71 physician assistant the authority to order medications for the 72 supervisory physician’s patient during his or her care in a 73 facility licensed under chapter 395, notwithstanding any 74 provisions in chapter 465 or chapter 893 which may prohibit this 75 delegation. For the purpose of this paragraph, an order is not 76 considered a prescription. A licensed physician assistant 77 working in a facility that is licensed under chapter 395 may 78 order any medication under the direction of the supervisory 79 physician. 80 Section 2. Section 2. Paragraph (e) of subsection (4) of 81 section 459.022, Florida Statutes, is amended, and paragraph (f) 82 is added to that subsection, to read: 83 459.022 Physician assistants.— 84 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.— 85 (e) A supervisory physician may delegate to a fully 86 licensed physician assistant the authority to prescribe or 87 dispense any medication used in the supervisory physician’s 88 practice unless such medication is listed on the formulary 89 created pursuant to s. 458.347. A fully licensed physician 90 assistant may only prescribe or dispense such medication under 91 the following circumstances: 92 1. A physician assistant must clearly identify to the 93 patient that she or he is a physician assistant. Furthermore, 94 the physician assistant must inform the patient that the patient 95 has the right to see the physician prior to any prescription 96 being prescribed or dispensed by the physician assistant. 97 2. The supervisory physician must notify the department of 98 her or his intent to delegate, on a department-approved form, 99 before delegating such authority and notify the department of 100 any change in prescriptive privileges of the physician 101 assistant. Authority to dispense may be delegated only by a 102 supervisory physician who is registered as a dispensing 103 practitioner in compliance with s. 465.0276. 104 3. The physician assistant must file with the department a 105 signed affidavit that she or he has completed a minimum of 10 106 continuing medical education hours in the specialty practice in 107 which the physician assistant has prescriptive privileges with 108 each licensure renewal application. 109 4. The department may issue a prescriber number to the 110 physician assistant granting authority for the prescribing of 111 medicinal drugs authorized within this paragraph upon completion 112 of the foregoing requirements. The physician assistant shall not 113 be required to independently register pursuant to s. 465.0276. 114 5. The prescription must be written in a form that complies 115 with chapter 499 and must contain, in addition to the 116 supervisory physician’s name, address, and telephone number, the 117 physician assistant’s prescriber number. Unless it is a drug or 118 drug sample dispensed by the physician assistant, the 119 prescription must be filled in a pharmacy permitted under 120 chapter 465, and must be dispensed in that pharmacy by a 121 pharmacist licensed under chapter 465. The appearance of the 122 prescriber number creates a presumption that the physician 123 assistant is authorized to prescribe the medicinal drug and the 124 prescription is valid. 125 6. The physician assistant must note the prescription or 126 dispensing of medication in the appropriate medical record. 1277. This paragraph does not prohibit a supervisory physician128from delegating to a physician assistant the authority to order129medication for a hospitalized patient of the supervisory130physician.131 132This paragraph does not apply to facilities licensed pursuant to133chapter 395.134 (f) A supervisory physician may delegate to a licensed 135 physician assistant the authority to order medications for the 136 supervisory physician’s patient during his or her care in a 137 facility licensed under chapter 395, notwithstanding any 138 provisions in chapter 465 or chapter 893 which may prohibit this 139 delegation. For the purpose of this paragraph, an order is not 140 considered a prescription. A licensed physician assistant 141 working in a facility that is licensed under chapter 395 may 142 order any medication under the direction of the supervisory 143 physician. 144 Section 3. This act shall take effect July 1, 2013.