Florida Senate - 2018 SB 524
By Senator Brandes
24-00564-18 2018524__
1 A bill to be entitled
2 An act relating to the influenza virus and
3 streptococcal infections; amending s. 465.003, F.S.;
4 expanding the definition of the term “practice of the
5 profession of pharmacy” to include testing for and
6 treating the influenza virus and streptococcal
7 infections; creating s. 465.1895, F.S.; authorizing
8 pharmacists to test for and treat the influenza virus
9 and streptococcal infections within the framework of
10 an established written protocol under a supervising
11 physician under certain conditions; requiring a
12 pharmacist testing for and treating the influenza
13 virus and streptococcal infections to maintain patient
14 records using certain standards and for a specified
15 time; prohibiting a person from interfering with a
16 supervising physician’s decision to enter into a
17 protocol; prohibiting a pharmacist from performing a
18 protocol while acting as a pharmacy employee without
19 the written approval of the pharmacy owner; requiring
20 a pharmacist seeking to test for and treat the
21 influenza virus and streptococcal infections to obtain
22 certification through a certification program approved
23 by the Board of Pharmacy in consultation with the
24 Board of Medicine and the Board of Osteopathic
25 Medicine; providing criteria for certification
26 programs; authorizing the Board of Pharmacy to adopt
27 rules establishing the requirements for a protocol;
28 requiring that the protocol be in writing and contain
29 certain information, terms, and conditions; requiring
30 that pharmacists authorized to test for and treat the
31 influenza virus and streptococcal infections provide
32 their supervising physician with evidence of current
33 certification by the board; requiring a supervising
34 physician to review the pharmacist’s actions;
35 requiring a pharmacist to submit his or her protocol
36 to the board; providing an effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Subsection (13) of section 465.003, Florida
41 Statutes, is amended to read:
42 465.003 Definitions.—As used in this chapter, the term:
43 (13) “Practice of the profession of pharmacy” includes
44 compounding, dispensing, and consulting concerning contents,
45 therapeutic values, and uses of any medicinal drug; consulting
46 concerning therapeutic values and interactions of patent or
47 proprietary preparations, whether pursuant to prescriptions or
48 in the absence and entirely independent of such prescriptions or
49 orders; and other pharmaceutical services. For purposes of this
50 subsection, “other pharmaceutical services” means the monitoring
51 of the patient’s drug therapy and assisting the patient in the
52 management of his or her drug therapy, and includes review of
53 the patient’s drug therapy and communication with the patient’s
54 prescribing health care provider as licensed under chapter 458,
55 chapter 459, chapter 461, or chapter 466, or similar statutory
56 provision in another jurisdiction, or such provider’s agent or
57 such other persons as specifically authorized by the patient,
58 regarding the drug therapy. However, nothing in this subsection
59 may not be interpreted to permit an alteration of a prescriber’s
60 directions, the diagnosis or treatment of any disease, the
61 initiation of any drug therapy, the practice of medicine, or the
62 practice of osteopathic medicine, unless otherwise permitted by
63 law. The term “Practice of the profession of pharmacy” also
64 includes any other act, service, operation, research, or
65 transaction incidental to, or forming a part of, any of the
66 foregoing acts, requiring, involving, or employing the science
67 or art of any branch of the pharmaceutical profession, study, or
68 training, and shall expressly permit a pharmacist to transmit
69 information from persons authorized to prescribe medicinal drugs
70 to their patients. The practice of the profession of pharmacy
71 also includes the administration of vaccines to adults pursuant
72 to s. 465.189 and testing for and treating the influenza virus
73 and streptococcal infections pursuant to s. 465.1895.
74 Section 2. Section 465.1895, Florida Statutes, is created
75 to read:
76 465.1895 Testing for and treating influenza and
77 streptococcal infections.—
78 (1) A pharmacist may test for and treat the influenza virus
79 and streptococcal infections within the framework of an
80 established written protocol under a supervising physician who
81 is licensed under chapter 458 or chapter 459.
82 (2) A pharmacist may only enter into a protocol under this
83 section if he or she maintains at least $200,000 of professional
84 liability insurance and has completed the training required by
85 this section.
86 (3) A pharmacist testing for and treating the influenza
87 virus and streptococcal infections shall maintain and make
88 available patient records using the same standards for
89 confidentiality and maintenance of such records as required
90 pursuant to s. 456.057. These records must be maintained for a
91 minimum of 5 years.
92 (4) A supervising physician’s decision to enter into a
93 protocol under this section is a professional decision and a
94 person may not interfere with a supervising physician’s decision
95 to enter into such a protocol. A pharmacist may not perform a
96 protocol while acting as a pharmacy employee without the written
97 approval of the pharmacy owner.
98 (5) Any pharmacist seeking to test for and treat the
99 influenza virus and streptococcal infections under this section
100 must be certified to do so pursuant to a certification program
101 approved by the board in consultation with the Board of Medicine
102 and the Board of Osteopathic Medicine. The certification program
103 must, at a minimum, require that the pharmacist attend at least
104 8 hours of continuing education classes approved by the board.
105 The program must have a curriculum of instruction concerning, at
106 a minimum, point-of-care testing for the influenza virus and
107 streptococcal infections and the safe and effective treatment of
108 the influenza virus and streptococcal infections.
109 (6) The board may adopt rules establishing the requirements
110 for a protocol between a pharmacist and supervising physician.
111 The protocol must be in writing and, at a minimum, must include
112 all of the following:
113 (a) Any terms and conditions imposed by the supervising
114 physician relating to testing for and treating the influenza
115 virus and streptococcal infections pursuant to this section. The
116 terms and conditions set forth in the protocol must be
117 appropriate to the pharmacist’s training.
118 (b) Specific categories of patients for whom the
119 supervising physician authorizes the pharmacist to test for and
120 treat the influenza virus and streptococcal infections.
121 (c) The supervising physician’s instructions for the
122 treatment of the influenza virus and streptococcal infections
123 based on the patient’s age, symptoms, and test results,
124 including negative results.
125 (d) A process and schedule for the supervising physician to
126 review the pharmacist’s actions under the protocol.
127 (e) A process and schedule for the pharmacist to notify the
128 supervising physician of the patient’s condition, tests
129 administered, test results, and course of treatment.
130 (7) Pharmacists who have been delegated the authority to
131 test for and treat the influenza virus and streptococcal
132 infections by a supervising physician shall provide the
133 supervising physician with evidence of current certification by
134 the board. A supervising physician shall review the pharmacist’s
135 actions pursuant to the protocol in effect, and this review
136 shall take place as outlined in the protocol.
137 (8) The pharmacist shall submit to the board a copy of his
138 or her protocol to test for and treat the influenza virus and
139 streptococcal infections.
140 Section 3. This act shall take effect July 1, 2018.