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.
   63         7. This paragraph does not prohibit a supervisory physician
   64  from delegating to a physician assistant the authority to order
   65  medication for a hospitalized patient of the supervisory
   66  physician.
   67  
   68  This paragraph does not apply to facilities licensed pursuant to
   69  chapter 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.
  127         7. This paragraph does not prohibit a supervisory physician
  128  from delegating to a physician assistant the authority to order
  129  medication for a hospitalized patient of the supervisory
  130  physician.
  131  
  132  This paragraph does not apply to facilities licensed pursuant to
  133  chapter 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.