Florida Senate - 2020                                    SB 1020
       
       
        
       By Senator Bean
       
       
       
       
       
       4-01221-20                                            20201020__
    1                        A bill to be entitled                      
    2         An act relating to institutional formularies
    3         established by nursing home facilities; creating s.
    4         400.143, F.S.; defining terms; authorizing a nursing
    5         home facility to establish and implement an
    6         institutional formulary; requiring such formulary to
    7         be developed by a committee established by the nursing
    8         home facility; providing for committee membership;
    9         providing requirements for the development and
   10         implementation of the institutional formulary;
   11         requiring a nursing home facility to maintain written
   12         policies and procedures for the institutional
   13         formulary; requiring a nursing home facility to make
   14         available such policies and procedures to the Agency
   15         for Health Care Administration, upon request;
   16         requiring a prescriber to annually authorize the use
   17         of the institutional formulary for certain patients;
   18         requiring the prescriber to opt into any changes made
   19         to the institutional formulary; authorizing a
   20         prescriber to opt out of use of the institutional
   21         formulary or to prevent a therapeutic substitution,
   22         under certain circumstances; prohibiting a nursing
   23         home facility from taking adverse action against a
   24         prescriber for refusing to agree to the use of the
   25         institutional formulary; amending s. 465.025, F.S.;
   26         authorizing a pharmacist to therapeutically substitute
   27         medicinal drugs under an institutional formulary
   28         established by a nursing home facility, under certain
   29         circumstances; prohibiting a pharmacist from
   30         therapeutically substituting a medicinal drug, under
   31         certain circumstances; providing an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Section 400.143, Florida Statutes, is created to
   36  read:
   37         400.143Institutional formularies established by nursing
   38  home facilities.—
   39         (1)For purposes of this section, the term:
   40         (a)“Institutional formulary” means a list of medicinal
   41  drugs established by a nursing home facility under this section
   42  for which a pharmacist may use a therapeutic substitution for a
   43  medicinal drug prescribed to a resident of the facility.
   44         (b)“Medicinal drug” has the same meaning as provided in s.
   45  465.003(8).
   46         (c)“Prescriber” has the same meaning as provided in s.
   47  465.025(1).
   48         (d)“Therapeutic substitution” means the practice of
   49  replacing a nursing home facility resident’s prescribed
   50  medicinal drug with another chemically different medicinal drug
   51  that is expected to have the same clinical effect.
   52         (2)A nursing home facility may establish and implement an
   53  institutional formulary in accordance with the requirements of
   54  this section.
   55         (3)A nursing home facility that implements an
   56  institutional formulary under this section shall:
   57         (a)Establish a committee to develop the institutional
   58  formulary and written guidelines or procedures for such
   59  institutional formulary. The committee must consist of, at a
   60  minimum, all of the following:
   61         1.The facility’s medical director.
   62         2.The facility’s director of nursing services.
   63         3.A consultant pharmacist licensed by the Department of
   64  Health and certified under s. 465.0125.
   65         (b)Establish methods and criteria for selecting and
   66  objectively evaluating all available pharmaceutical products
   67  that may be used as therapeutic substitutes.
   68         (c)Establish policies and procedures for developing and
   69  maintaining the institutional formulary and for approving,
   70  disseminating, and notifying prescribers of the institutional
   71  formulary.
   72         (d)Perform quarterly monitoring to ensure compliance with
   73  the policies and procedures established under paragraph (c) and
   74  monitor the clinical outcomes in circumstances in which a
   75  therapeutic substitution has occurred.
   76         (4)The nursing home facility shall maintain all written
   77  policies and procedures for the institutional formulary
   78  established under this section. Each nursing home facility shall
   79  make available such policies and procedures to the agency, upon
   80  request.
   81         (5)(a)A prescriber shall annually authorize the
   82  institutional formulary for his or her patients and shall opt
   83  into any subsequent changes made to a nursing home facility’s
   84  institutional formulary.
   85         (b)A prescriber may opt out of the nursing home facility’s
   86  institutional formulary with respect to a particular patient,
   87  medicinal drug, or class of medicinal drugs.
   88         (c)A prescriber may prevent a therapeutic substitution for
   89  a specific medication order if such order is provided verbally
   90  or generated and transmitted electronically by indicating “NO
   91  THERAPEUTIC SUBSTITUTION” on the prescription.
   92         (d)A nursing home facility may not take adverse action
   93  against a prescriber for refusing to agree to the use of the
   94  facility’s institutional formulary.
   95         Section 2. Subsection (9) is added to section 465.025,
   96  Florida Statutes, to read:
   97         465.025 Substitution of drugs.—
   98         (9)A pharmacist may therapeutically substitute medicinal
   99  drugs in accordance with an institutional formulary established
  100  under s. 400.143 for the resident of a nursing home facility if
  101  the prescriber has agreed to the use of such institutional
  102  formulary. The pharmacist may not therapeutically substitute a
  103  medicinal drug pursuant to the facility’s institutional
  104  formulary if the prescriber indicates verbally or electronically
  105  on the prescription “NO THERAPEUTIC SUBSTITUTION,” as authorized
  106  under s. 400.143(5)(c).
  107         Section 3. This act shall take effect July 1, 2020.