The Florida Senate

397.427  Medication treatment service providers; rehabilitation program; needs assessment and provision of services; persons authorized to issue takeout methadone; unlawful operation; penalty.--

(1)  Medication treatment service providers may not be licensed unless they provide supportive rehabilitation programs. Supportive rehabilitation programs include, but are not limited to, counseling, therapy, and vocational rehabilitation.

(2)  The department shall determine the need for establishing medication treatment service providers.

(a)  Medication treatment service providers may be established only in response to the department's determination and publication of need for additional medication treatment services.

(b)  The department shall prescribe by rule the types of medication treatment services for which it is necessary to conduct annual assessments of need. If needs assessment is required, the department shall annually conduct the assessment and publish a statement of findings which identifies each district's need.

(c)  Notwithstanding paragraphs (a) and (b), the license for medication treatment programs licensed before October 1, 1990, may not be revoked solely because of the department's determination concerning the need for medication treatment services.

(3)  The department shall adopt rules necessary to administer this section, including, but not limited to, rules prescribing criteria and procedures for:

(a)  Determining the need for additional medication treatment services.

(b)  Selecting medication treatment service providers when the number of responses to a publication of need exceeds the determined need.

(c)  Administering any federally required rules, regulations, or procedures.

(4)  A service provider operating in violation of this section is subject to proceedings in accordance with this chapter to enjoin that unlawful operation.

(5)  Notwithstanding the provisions of s. 465.019(2), a registered nurse, an advanced registered nurse practitioner, or a licensed practical nurse working for a licensed service provider is authorized to deliver takeout methadone to persons enrolled in a methadone maintenance treatment program provided that:

(a)  The methadone maintenance treatment program has an appropriate valid permit issued pursuant to rules promulgated by the Board of Pharmacy;

(b)  The medication has been delivered pursuant to a valid prescription written by the program's physician licensed pursuant to chapter 458 or chapter 459;

(c)  The medication ordered appears on a formulary and is prepackaged and prelabeled with dosage instructions and distributed from a source authorized under chapter 499;

(d)  Each licensed provider adopts written protocols which provide for supervision of the registered nurse, advanced registered nurse practitioner, or licensed practical nurse by a physician licensed pursuant to chapter 458 or chapter 459 and for the procedures by which patients' medications may be delivered by the registered nurse, advanced registered nurse practitioner, or licensed practical nurse. Such protocols shall be signed by the supervising physician and either the administering registered nurse, the advanced registered nurse practitioner, or the licensed practical nurse.

(e)  Each licensed service provider maintains and has available for inspection by representatives of the Board of Pharmacy all medical records and patient care protocols, including records of medications delivered to patients, in accordance with the board.

History.--s. 3, ch. 93-39; s. 7, ch. 98-152.