House Bill 4119e2

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                                         HB 4119, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to professional regulation;

  3         amending s. 11.62, F.S.; adding criteria for

  4         evaluating new regulation; amending s. 455.201,

  5         F.S.; requiring the Department of Business and

  6         Professional Regulation to consider the impact

  7         on jobs when considering new regulation;

  8         creating s. 455.2035, F.S.; providing the

  9         department rulemaking authority; amending s.

10         455.213, F.S.; requiring payment of certain

11         fees or fines prior to the board or department

12         renewing or issuing an initial license or

13         registration; amending ss. 455.209, 455.218,

14         F.S.; conforming provisions to a previous

15         administrative reorganization; creating s.

16         455.2237, F.S.; providing authority to inspect

17         and investigate records, offices, and job

18         sites; amending s. 455.225, F.S.; revising

19         probable-cause provisions; prescribing

20         authority of the department or a board in cases

21         of failure to comply with continuing-education

22         requirements; conforming provisions to a

23         previous administrative reorganization;

24         amending s. 455.2285, F.S.; conforming

25         provisions to a previous administrative

26         reorganization; amending s. 489.129, F.S.;

27         providing procedures and responsibilities when

28         the department undertakes an investigation of a

29         contractor; deleting a ground for disciplinary

30         action; amending s. 489.131, F.S.; requiring

31         that bids for public projects be accompanied by


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                                         HB 4119, Second Engrossed



  1         certain evidence; requiring local boards or

  2         agencies that license contractors to transmit

  3         quarterly reports; clarifying the department's

  4         authority to initiate disciplinary actions;

  5         providing that local boards that license and

  6         discipline contractors must have at least 2

  7         consumer representatives; amending s. 455.517,

  8         F.S.; requiring the Department of Health to

  9         consider the impact on jobs when creating new

10         regulation; creating section 481.222, relating

11         to architects providing building inspection

12         services; creating 471.029, relating to

13         engineers providing building inspection

14         services; amending s. 465.003, F.S.; defining

15         the term "data communication device"; revising

16         the definition of the term "practice of the

17         profession of pharmacy"; amending s. 465.016,

18         F.S.; authorizing the redispensing of unused or

19         returned unit-dose medication by correctional

20         facilities under certain conditions; amending

21         s. 465.016, F.S.; providing a ground for which

22         a pharmacist may be subject to discipline by

23         the Board of Pharmacy; amending s. 465.017,

24         F.S.; providing additional persons and entities

25         to whom records relating to the filling of

26         prescriptions and the dispensing of medicinal

27         drugs that are maintained by a pharmacy may be

28         furnished; specifying authorized uses of

29         patient records by pharmacy owners; providing

30         restrictions on such records when transmitted

31         through a data communication device; amending


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                                         HB 4119, Second Engrossed



  1         s. 465.019, F.S.; providing for certain

  2         dispensing of medicinal drugs to patients in

  3         emergency departments of certain hospitals;

  4         amending ss. 465.014, 465.015, 465.0196,

  5         468.812, and 499.003, F.S.; correcting cross

  6         references, to conform; amending s. 499.012,

  7         F.S.; redefining the term "wholesale

  8         distribution," relating to the distribution of

  9         prescription drugs, by providing for the

10         exclusion of certain activities; creating s.

11         499.0722, F.S.; creating the Drug Regulation

12         Advisory Group; providing membership; providing

13         terms of office; providing for meetings, for

14         reimbursement of expenses, and for purposes and

15         duties of the group; allowing the Department of

16         Health to publish compliance policy guidelines

17         that include recommendations of the group;

18         providing effective dates.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Effective October 1, 1998, subsections (3)

23  and (4) of section 11.62, Florida Statutes, are amended to

24  read:

25         11.62  Legislative review of proposed regulation of

26  unregulated functions.--

27         (3)  In determining whether to regulate a profession or

28  occupation, the Legislature shall consider the following

29  factors:

30         (a)  Whether the unregulated practice of the profession

31  or occupation will substantially harm or endanger the public


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                                         HB 4119, Second Engrossed



  1  health, safety, or welfare and whether the potential for harm

  2  is recognizable and not remote;

  3         (b)  Whether the practice of the profession or

  4  occupation requires specialized skill or training, and whether

  5  that skill or training is readily measurable or quantifiable

  6  so that examination or training requirements would reasonably

  7  assure initial and continuing professional or occupational

  8  ability;

  9         (c)  Whether the regulation will have an unreasonable

10  effect on the job creation or job retention in the state or

11  will place unreasonable restrictions on the ability of

12  individuals who seek to practice or who are practicing a given

13  profession or occupation to find employment;

14         (d)(c)  Whether the public is or can be effectively

15  protected by other means; and

16         (e)(d)  Whether the overall cost-effectiveness and

17  economic impact of the proposed regulation, including the

18  indirect costs to consumers, will be favorable.

19         (4)  The proponents of legislation that provides for

20  the regulation of a profession or occupation not already

21  expressly subject to state regulation shall provide, upon

22  request, the following information in writing to the state

23  agency that is proposed to have jurisdiction over the

24  regulation and to the legislative committees to which the

25  legislation is referred:

26         (a)  The number of individuals or businesses that would

27  be subject to the regulation;

28         (b)  The name of each association that represents

29  members of the profession or occupation, together with a copy

30  of its codes of ethics or conduct;

31


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                                         HB 4119, Second Engrossed



  1         (c)  Documentation of the nature and extent of the harm

  2  to the public caused by the unregulated practice of the

  3  profession or occupation, including a description of any

  4  complaints that have been lodged against persons who have

  5  practiced the profession or occupation in this state during

  6  the preceding 3 years;

  7         (d)  A list of states that regulate the profession or

  8  occupation, and the dates of enactment of each law providing

  9  for such regulation and a copy of each law;

10         (e)  A list and description of state and federal laws

11  that have been enacted to protect the public with respect to

12  the profession or occupation and a statement of the reasons

13  why these laws have not proven adequate to protect the public;

14         (f)  A description of the voluntary efforts made by

15  members of the profession or occupation to protect the public

16  and a statement of the reasons why these efforts are not

17  adequate to protect the public;

18         (g)  A copy of any federal legislation mandating

19  regulation;

20         (h)  An explanation of the reasons why other types of

21  less restrictive regulation would not effectively protect the

22  public;

23         (i)  The cost, availability, and appropriateness of

24  training and examination requirements;

25         (j)(i)  The cost of regulation, including the indirect

26  cost to consumers, and the method proposed to finance the

27  regulation;

28         (k)  The cost imposed on applicants or practitioners or

29  on employers of applicants or practitioners as a result of the

30  regulation;

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                                         HB 4119, Second Engrossed



  1         (l)(j)  The details of any previous efforts in this

  2  state to implement regulation of the profession or occupation;

  3  and

  4         (m)(k)  Any other information the agency or the

  5  committee considers relevant to the analysis of the proposed

  6  legislation.

  7         Section 2.  Effective October 1, 1998, subsection (4)

  8  of section 455.201, Florida Statutes, is amended to read:

  9         455.201  Professions and occupations regulated by

10  department; legislative intent; requirements.--

11         (4)(a)  Neither No board, nor the department nor any

12  board may, shall create unreasonably restrictive and

13  extraordinary standards that deter qualified persons from

14  entering the various professions. Neither No board, nor the

15  department nor any board may, shall take any action that which

16  tends to create or maintain an economic condition that

17  unreasonably restricts competition, except as specifically

18  provided by law.

19         (b)  Neither the department nor any board may create a

20  regulation that has an unreasonable effect on job creation or

21  job retention in the state or that places unreasonable

22  restrictions on the ability of individuals who seek to

23  practice or who are practicing a given profession or

24  occupation to find employment.

25         (c)  The Legislature shall evaluate proposals to

26  increase regulation of professions or occupations that are

27  already regulated to determine their effect on job creation or

28  retention and job opportunities.

29         Section 3.  Section 455.2035, Florida Statutes, is

30  created to read:

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                                         HB 4119, Second Engrossed



  1         455.2035  Rulemaking authority.--The department may

  2  adopt rules pursuant to ss. 120.54 and 120.536(1) to implement

  3  the regulatory requirements of any profession within the

  4  department's jurisdiction which does not have a statutorily

  5  authorized governing board.

  6         Section 4.  Subsection (2) of section 455.209, Florida

  7  Statutes, is amended to read:

  8         455.209  Accountability and liability of board

  9  members.--

10         (2)  Each board member and each former board member

11  serving on a probable cause panel shall be exempt from civil

12  liability for any act or omission when acting in the member's

13  official capacity, and the department, or the Department of

14  Legal Affairs shall defend any such member in any action

15  against any board or member of a board arising from any such

16  act or omission. In addition, the department or the Department

17  of Legal Affairs may defend the member's company or business

18  in any action against the company or business if the

19  department or the Department of Legal Affairs determines that

20  the actions from which the suit arises are actions taken by

21  the member in the member's official capacity and were not

22  beyond the member's statutory authority. In providing such

23  defense, the department, the agency, or the Department of

24  Legal Affairs may employ or utilize the legal services of

25  outside counsel.

26         Section 5.  Subsection (1) of section 455.213, Florida

27  Statutes, is amended and a new subsection (10) is added to

28  said section to read:

29         455.213  General licensing provisions.--

30         (1)  Any person desiring to be licensed shall apply to

31  the department in writing. The application for licensure shall


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                                         HB 4119, Second Engrossed



  1  be made on a form prepared and furnished by the department and

  2  include the applicant's social security number.  The

  3  application shall be supplemented as needed to reflect any

  4  material change in any circumstance or condition stated in the

  5  application which takes place between the initial filing of

  6  the application and the final grant or denial of the license

  7  and which might affect the decision of the department agency.

  8  In order to further the economic development goals of the

  9  state, and notwithstanding any law to the contrary, the

10  department may enter into an agreement with the county tax

11  collector for the purpose of appointing the county tax

12  collector as the department's agent to accept applications for

13  licenses and applications for renewals of licenses. The

14  agreement must specify the time within which the tax collector

15  must forward any applications and accompanying application

16  fees to the department. In cases where a person applies or

17  schedules directly with a national examination organization or

18  examination vendor to take an examination required for

19  licensure, any organization- or vendor-related fees associated

20  with the examination may be paid directly to the organization

21  or vendor.

22         (10)  The board, or the department when there is no

23  board, shall not issue or renew a license to any applicant or

24  licensee that the board, or the department when there is no

25  board, has assessed a fine, interest, or costs associated with

26  investigation and prosecution until the applicant or licensee

27  has paid in full such fine, interest, or costs associated with

28  investigation and prosecution, or until the applicant or

29  licensee complies with or satisfies all terms and conditions

30  of the final order.

31


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                                         HB 4119, Second Engrossed



  1         Section 6.  Subsection (6) of section 455.218, Florida

  2  Statutes, is amended to read:

  3         455.218  Foreign-trained professionals; special

  4  examination and license provisions.--

  5         (6)  The department, for its boards, shall not issue an

  6  initial license to, or renew a license of, any applicant or

  7  licensee who is under investigation or prosecution in any

  8  jurisdiction for an action which would constitute a violation

  9  of this part or the professional practice acts administered by

10  the department or agency and the boards until such time as the

11  investigation or prosecution is complete, at which time the

12  provisions of the professional practice acts shall apply.

13         Section 7.  Subsections (2), (3), (4), and (9) of

14  section 455.225, Florida Statutes, are amended to read:

15         455.225  Disciplinary proceedings.--Disciplinary

16  proceedings for each board shall be within the jurisdiction of

17  the department.

18         (2)  The department shall allocate sufficient and

19  adequately trained staff to expeditiously and thoroughly

20  determine legal sufficiency and investigate all legally

21  sufficient complaints. For purposes of this section, it is the

22  intent of the Legislature that the term "expeditiously" means

23  that the agency, for disciplinary cases under its

24  jurisdiction, shall complete the report of its initial

25  investigative findings and recommendations concerning the

26  existence of probable cause within 6 months after its receipt

27  of the complaint. The failure of the agency, for disciplinary

28  cases under its jurisdiction, to comply with the time limits

29  of this section while investigating a complaint against a

30  licensee constitutes harmless error in any subsequent

31  disciplinary action unless a court finds that either the


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                                         HB 4119, Second Engrossed



  1  fairness of the proceeding or the correctness of the action

  2  may have been impaired by a material error in procedure or a

  3  failure to follow prescribed procedure. When its investigation

  4  is complete and legally sufficient, the department shall

  5  prepare and submit to the probable cause panel of the

  6  appropriate regulatory board the investigative report of the

  7  department. The report shall contain the investigative

  8  findings and the recommendations of the department concerning

  9  the existence of probable cause. At any time after legal

10  sufficiency is found, the department may dismiss any case, or

11  any part thereof, if the department determines that there is

12  insufficient evidence to support the prosecution of

13  allegations contained therein. The department shall provide a

14  detailed report to the appropriate probable cause panel prior

15  to dismissal of any case or part thereof, and to the subject

16  of the complaint after dismissal of any case or part thereof,

17  under this section. For cases dismissed prior to a finding of

18  probable cause, such report is confidential and exempt from s.

19  119.07(1). The probable cause panel shall have access, upon

20  request, to the investigative files pertaining to a case prior

21  to dismissal of such case. If the department dismisses a case,

22  the probable cause panel may retain independent legal counsel,

23  employ investigators, and continue the investigation and

24  prosecution of the case as it deems necessary.

25         (3)(a)  As an alternative to the provisions of

26  subsections (1) and (2), when a complaint is received, the

27  department may provide a licensee with a notice of

28  noncompliance for an initial offense of a minor violation. A

29  violation is a minor violation if it does not demonstrate a

30  serious inability to practice the profession, result in

31  economic or physical harm to a person, or adversely affect the


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                                         HB 4119, Second Engrossed



  1  public health, safety, or welfare or create a significant

  2  threat of such harm. Each board, or the department if there is

  3  no board, shall establish by rule those violations which are

  4  minor violations under this provision. Failure of a licensee

  5  to take action in correcting the violation within 15 days

  6  after notice may result in the institution of regular

  7  disciplinary proceedings.

  8         (b)  The department may issue a notice of noncompliance

  9  for an initial offense of a minor violation, notwithstanding a

10  board's failure to designate a particular minor violation by

11  rule as provided in paragraph (a).

12         (c)  In any instance in which a licensee is charged

13  with failure to comply with continuing-education requirements,

14  the department's or board's, as appropriate, initial response

15  may only be to issue a notice of noncompliance, including

16  granting the licensee a reasonable time to comply.  However,

17  if the department finds that the licensee's failure to comply

18  was done knowingly, the department or board, as appropriate,

19  may levy any other penalty otherwise available to it under the

20  circumstances.  This paragraph does not apply to any licensee

21  for which failure to comply with continuing-education

22  requirements is not grounds for discipline but is instead only

23  a prerequisite for renewal.

24         (4)  The determination as to whether probable cause

25  exists shall be made by majority vote of a probable cause

26  panel of the board, or the department, as appropriate. Each

27  regulatory board shall provide by rule that the determination

28  of probable cause shall be made by a panel of its members or

29  by the department. Each board may provide by rule for multiple

30  probable cause panels composed of at least two members. Each

31  board may provide by rule that one or more members of the


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                                         HB 4119, Second Engrossed



  1  panel or panels may be a former board member. The length of

  2  term or repetition of service of any such former board member

  3  on a probable cause panel may vary according to the direction

  4  of the board when authorized by board rule. Any probable cause

  5  panel must include one of the board's former or present

  6  consumer members, if one is available, willing to serve, and

  7  is authorized to do so by the board chair. Any probable cause

  8  panel must include a present board member. Any probable cause

  9  panel must include a former or present professional board

10  member. However, any former professional board member serving

11  on the probable cause panel must hold an active valid license

12  for that profession. All proceedings of the panel are exempt

13  from s. 286.011 until 10 days after probable cause has been

14  found to exist by the panel or until the subject of the

15  investigation waives his or her privilege of confidentiality.

16  The probable cause panel may make a reasonable request, and

17  upon such request the department shall provide such additional

18  investigative information as is necessary to the determination

19  of probable cause. A request for additional investigative

20  information shall be made within 15 days from the date of

21  receipt by the probable cause panel of the investigative

22  report of the department. The probable cause panel or the

23  department, as may be appropriate, shall make its

24  determination of probable cause within 30 days after receipt

25  by it of the final investigative report of the department. The

26  secretary may grant extensions of the 15-day and the 30-day

27  time limits. In lieu of a finding of probable cause, the

28  probable cause panel, or the department when there is no

29  board, may issue a letter of guidance to the subject. If,

30  within the 30-day time limit, as may be extended, the probable

31  cause panel does not make a determination regarding the


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                                         HB 4119, Second Engrossed



  1  existence of probable cause or does not issue a letter of

  2  guidance in lieu of a finding of probable cause, the

  3  department agency, for disciplinary cases under its

  4  jurisdiction, must make a determination regarding the

  5  existence of probable cause within 10 days after the

  6  expiration of the time limit.  If the probable cause panel

  7  finds no probable cause the department may petition within 10

  8  days for a determination of the existence of probable cause

  9  pursuant to s. 120.574.  Such actions shall be held

10  confidential as provided in s. 455.225(10).  The

11  administrative law judge's order shall constitute final action

12  with respect to the existence of probable cause.  If the

13  probable cause panel finds that probable cause exists, it

14  shall direct the department to file a formal complaint against

15  the licensee. The department shall follow the directions of

16  the probable cause panel regarding the filing of a formal

17  complaint. If directed to do so, the department shall file a

18  formal complaint against the subject of the investigation and

19  prosecute that complaint pursuant to chapter 120. However, the

20  department may decide not to prosecute the complaint if it

21  finds that probable cause had been improvidently found by the

22  panel. In such cases, the department shall refer the matter to

23  the board. The board may then file a formal complaint and

24  prosecute the complaint pursuant to chapter 120. The

25  department shall also refer to the board any investigation or

26  disciplinary proceeding not before the Division of

27  Administrative Hearings pursuant to chapter 120 or otherwise

28  completed by the department within 1 year after the filing of

29  a complaint. The department agency, for disciplinary cases

30  under its jurisdiction, must establish a uniform reporting

31  system to quarterly refer to each board the status of any


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                                         HB 4119, Second Engrossed



  1  investigation or disciplinary proceeding that is not before

  2  the Division of Administrative Hearings or otherwise completed

  3  by the department or agency within 1 year after the filing of

  4  the complaint. Annually, the agency, for disciplinary cases

  5  under its jurisdiction if there is no board, or each board

  6  must establish a plan to reduce or otherwise close any

  7  investigation or disciplinary proceeding that is not before

  8  the Division of Administrative Hearings or otherwise completed

  9  by the agency within 1 year after the filing of the complaint.

10  A probable cause panel or a board may retain independent legal

11  counsel, employ investigators, and continue the investigation

12  as it deems necessary; all costs thereof shall be paid from

13  the Professional Regulation Trust Fund. All proceedings of the

14  probable cause panel are exempt from s. 120.525.

15         (9)(a)  The department shall periodically notify the

16  person who filed the complaint of the status of the

17  investigation, whether probable cause has been found, and the

18  status of any civil action or administrative proceeding or

19  appeal.

20         (b)  In any disciplinary case under the jurisdiction of

21  the Agency for Health Care Administration for which probable

22  cause has been found, the Agency for Health Care

23  Administration shall provide to the person who filed the

24  complaint a copy of the administrative complaint, including:

25         1.  A written explanation of how an administrative

26  complaint is resolved by the disciplinary process.

27         2.  A written explanation of how and when the person

28  may participate in the disciplinary process.

29         3.  A written notice of any hearing before the Division

30  of Administrative Hearings or the regulatory board at which

31  final agency action is taken.


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                                         HB 4119, Second Engrossed



  1         (c)  In any disciplinary case for which probable cause

  2  is not found, the Agency for Health Care Administration shall

  3  so inform the person who filed the complaint and notify that

  4  person that he or she may, within 60 days, provide any

  5  additional information to the probable cause panel which may

  6  be relevant to the decision. In any administrative proceeding

  7  under s. 120.57, the person who filed the disciplinary

  8  complaint shall have the right to present oral or written

  9  communication relating to the alleged disciplinary violations

10  or to the appropriate penalty.

11         Section 8.  Section 455.2285, Florida Statutes, is

12  amended to read:

13         455.2285  Annual report concerning finances,

14  administrative complaints, disciplinary actions, and

15  recommendations.--The department is directed to prepare and

16  submit a report to the President of the Senate and Speaker of

17  the House of Representatives by November 1 of each year. In

18  addition to finances and any other information the Legislature

19  may require, the report shall include statistics and relevant

20  information, profession by profession, detailing:

21         (1)  The revenues, expenditures, and cash balances for

22  the prior year, and a review of the adequacy of existing fees.

23         (2)  The number of complaints received and

24  investigated.

25         (3)  The number of findings of probable cause made.

26         (4)  The number of findings of no probable cause made.

27         (5)  The number of administrative complaints filed.

28         (6)  The disposition of all administrative complaints.

29         (7)  A description of disciplinary actions taken.

30         (8)  A description of any effort by the department

31  agency, for any disciplinary cases under its jurisdiction, to


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                                         HB 4119, Second Engrossed



  1  reduce or otherwise close any investigation or disciplinary

  2  proceeding not before the Division of Administrative Hearings

  3  under chapter 120 or otherwise not completed within 1 year

  4  after the initial filing of a complaint under this chapter.

  5         (9)  The status of the development and implementation

  6  of rules providing for disciplinary guidelines pursuant to s.

  7  455.2273.

  8         (10)  Such recommendations for administrative and

  9  statutory changes necessary to facilitate efficient and

10  cost-effective operation of the department and the various

11  boards.

12         Section 9.  Effective October 1, 1998, paragraph (d) of

13  subsection (1) of section 489.129, Florida Statutes, is

14  amended and subsection (12) is added to that section to read:

15         489.129  Disciplinary proceedings.--

16         (1)  The board may take any of the following actions

17  against any certificateholder or registrant:  place on

18  probation or reprimand the licensee, revoke, suspend, or deny

19  the issuance or renewal of the certificate, registration, or

20  certificate of authority, require financial restitution to a

21  consumer for financial harm directly related to a violation of

22  a provision of this part, impose an administrative fine not to

23  exceed $5,000 per violation, require continuing education, or

24  assess costs associated with investigation and prosecution, if

25  the contractor, financially responsible officer, or business

26  organization for which the contractor is a primary qualifying

27  agent, a financially responsible officer, or a secondary

28  qualifying agent responsible under s. 489.1195 is found guilty

29  of any of the following acts:

30

31


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                                         HB 4119, Second Engrossed



  1         (d)  Knowingly violating the applicable building codes

  2  or laws of the state or of any municipalities or counties

  3  thereof.

  4         (12)  When an investigation of a contractor is

  5  undertaken, the department shall promptly furnish to the

  6  contractor or the contractor's attorney a copy of the

  7  complaint or document that resulted in the initiation of the

  8  investigation. The department shall make the complaint and

  9  supporting documents available to the contractor. The

10  complaint or supporting documents shall contain information

11  regarding the specific facts that serve as the basis for the

12  complaint. The contractor may submit a written response to the

13  information contained in such complaint or document within 20

14  days after service to the contractor of the complaint or

15  document. The contractor's written response shall be

16  considered by the probable cause panel. The right to respond

17  does not prohibit the issuance of a summary emergency order if

18  necessary to protect the public. However, if the secretary, or

19  the secretary's designee, and the chair of the board or the

20  chair of the probable cause panel agree in writing that such

21  notification would be detrimental to the investigation, the

22  department may withhold notification. The department may

23  conduct an investigation without notification to a contractor

24  if the act under investigation is a criminal offense.

25         Section 10.  Effective October 1, 1998, subsections

26  (2), (7) and (10) and paragraphs (c) of subsection (6) of

27  section 489.131, Florida Statutes, are amended to read:

28         489.131  Applicability.--

29         (2)  The state or any county or municipality shall

30  require that bids submitted for construction, improvement,

31  remodeling, or repair on of public projects buildings be


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                                         HB 4119, Second Engrossed



  1  accompanied by evidence that the bidder holds an appropriate

  2  certificate or registration, unless the work to be performed

  3  is exempt under s. 489.103.

  4         (6)

  5         (c)  Each local board or agency that licenses

  6  contractors must transmit quarterly monthly to the board a

  7  report of any disciplinary action taken against contractors

  8  and of any administrative or disciplinary action taken against

  9  unlicensed persons for engaging in the business or acting in

10  the capacity of a contractor including any cease and desist

11  orders issued pursuant to s. 489.113(2)(b) and any fine issued

12  pursuant to s. 489.127(5).

13         (7)(a)  It is the policy of the state that the purpose

14  of regulation is to protect the public by attaining compliance

15  with the policies established in law.  Fines and other

16  penalties are provided in order to ensure compliance; however,

17  the collection of fines and the imposition of penalties are

18  intended to be secondary to the primary goal of attaining

19  compliance with state laws and local jurisdiction ordinances.

20  It is the intent of the Legislature that a local jurisdiction

21  agency charged with enforcing regulatory laws shall issue a

22  notice of noncompliance as its first response to a minor

23  violation of a regulatory law in any instance in which it is

24  reasonable to assume that the violator was unaware of such a

25  law or unclear as to how to comply with it.  A violation of a

26  regulatory law is a "minor violation" if it does not result in

27  economic or physical harm to a person or adversely affect the

28  public health, safety, or welfare or create a significant

29  threat of such harm.  A "notice of noncompliance" is a

30  notification by the local jurisdiction agency charged with

31  enforcing the ordinance, which is issued to the licensee that


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                                         HB 4119, Second Engrossed



  1  is subject to the ordinance.  A notice of noncompliance should

  2  not be accompanied with a fine or other disciplinary penalty.

  3  It should identify the specific ordinance that is being

  4  violated, provide information on how to comply with the

  5  ordinance, and specify a reasonable time for the violator to

  6  comply with the ordinance.  Failure of a licensee to take

  7  action correcting the violation within a set period of time

  8  would then result in the institution of further disciplinary

  9  proceedings.

10         (b)  The local governing body of a county or

11  municipality, or its local enforcement body, is authorized to

12  enforce the provisions of this part as well as its local

13  ordinances against locally licensed or registered contractors,

14  as appropriate.  The local jurisdiction enforcement body may

15  conduct disciplinary proceedings against a locally licensed or

16  registered contractor and may require restitution, impose a

17  suspension or revocation of his or her local license, or a

18  fine not to exceed $5,000, or a combination thereof, against

19  the locally licensed or registered contractor, according to

20  ordinances which a local jurisdiction may enact.  In addition,

21  the local jurisdiction may assess reasonable investigative and

22  legal costs for the prosecution of the violation against the

23  violator, according to such ordinances as the local

24  jurisdiction may enact.

25         (c)  In addition to any action the local jurisdiction

26  enforcement body may take against the individual's local

27  license, and any fine the local jurisdiction may impose, the

28  local jurisdiction enforcement body shall issue a recommended

29  penalty for board action.  This recommended penalty may

30  include a recommendation for no further action, or a

31  recommendation for suspension, revocation, or restriction of


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                                         HB 4119, Second Engrossed



  1  the registration, or a fine to be levied by the board, or a

  2  combination thereof.  The local jurisdiction enforcement body

  3  shall inform the disciplined contractor and the complainant of

  4  the local license penalty imposed, the board penalty

  5  recommended, his or her rights to appeal, and the consequences

  6  should he or she decide not to appeal.  The local jurisdiction

  7  enforcement body shall, upon having reached adjudication or

  8  having accepted a plea of nolo contendere, immediately inform

  9  the board of its action and the recommended board penalty.

10         (d)  The department, the disciplined contractor, or the

11  complainant may challenge the local jurisdiction enforcement

12  body's recommended penalty for board action to the

13  Construction Industry Licensing Board.  A challenge shall be

14  filed within 60 days after the issuance of the recommended

15  penalty to the board.  If challenged, there is a presumptive

16  finding of probable cause and the case may proceed without the

17  need for a probable cause hearing.

18         (e)  Failure of the department, the disciplined

19  contractor, or the complainant to challenge the local

20  jurisdiction's recommended penalty within the time period set

21  forth in this subsection shall constitute a waiver of the

22  right to a hearing before the board.  A waiver of the right to

23  a hearing before the board shall be deemed an admission of the

24  violation, and the penalty recommended shall become a final

25  order according to procedures developed by board rule without

26  further board action. The disciplined contractor may appeal

27  this board action to the district court.

28         (f)1.  The department may investigate any complaint

29  which is made with the department.  However, the department

30  may not initiate or pursue any if the department determines

31  that the complaint against a registered contractor who is not


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                                         HB 4119, Second Engrossed



  1  also a certified contractor where a local jurisdiction

  2  enforcement body has jurisdiction over the complaint, unless

  3  summary procedures are initiated by the secretary pursuant to

  4  s. 455.225(8), or unless the local jurisdiction enforcement

  5  body has failed to investigate and prosecute a complaint, or

  6  make a finding of no violation, within 6 months of receiving

  7  the complaint. The department shall refer the complaint to the

  8  local jurisdiction enforcement body for investigation, and if

  9  appropriate, prosecution. However, the department may

10  investigate such complaints to the extent necessary to

11  determine whether summary procedures should be initiated is

12  for an action which a local jurisdiction enforcement body has

13  investigated and reached adjudication or accepted a plea of

14  nolo contendere, including a recommended penalty to the board,

15  the department shall not initiate prosecution for that action,

16  unless the secretary has initiated summary procedures pursuant

17  to s. 455.225(8).

18         2.  Upon a recommendation by the department, the board

19  may make conditional, suspend, or rescind its determination of

20  the adequacy of the local government enforcement body's

21  disciplinary procedures granted under s. 489.117(2).

22         (g)  Nothing in this subsection shall be construed to

23  allow local jurisdictions to exercise disciplinary authority

24  over certified contractors.

25         (10)  No municipal or county government may issue any

26  certificate of competency or license for any contractor

27  defined in s. 489.105(3)(a)-(o) after July 1, 1993, unless

28  such local government exercises disciplinary control and

29  oversight over such locally licensed contractors, including

30  forwarding a recommended order in each action to the board as

31  provided in subsection (7). Each local board that licenses and


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                                         HB 4119, Second Engrossed



  1  disciplines contractors must have at least two consumer

  2  representatives on that board. If the board has seven or more

  3  members, at least three of those members must be consumer

  4  representatives. The consumer representative may be any

  5  resident of the local jurisdiction that is not, and has never

  6  been, a member or practitioner of a profession regulated by

  7  the board or a member of any closely related profession.

  8         Section 11.  The amendments to paragraph (f) of

  9  subsection (7) of section 489.131 of this act shall not affect

10  any investigative activities or administrative actions

11  commenced by the department as a result of complaints filed

12  prior to the effective date of this legislation.

13         Section 12.  Effective October 1, 1998, subsection (4)

14  of section 455.517, Florida Statutes, is amended to read:

15         455.517  Professions and occupations regulated by

16  department; legislative intent; requirements.--

17         (4)(a)  Neither No board, nor the department nor any

18  board may, shall create unreasonably restrictive and

19  extraordinary standards that deter qualified persons from

20  entering the various professions. Neither No board, nor the

21  department nor any board may, shall take any action that which

22  tends to create or maintain an economic condition that

23  unreasonably restricts competition, except as specifically

24  provided by law.

25         (b)  Neither the department nor any board may create a

26  regulation that has an unreasonable effect on job creation or

27  job retention in the state or that places unreasonable

28  restrictions on the ability of individuals who seek to

29  practice or who are practicing a profession or occupation to

30  find employment.

31


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                                         HB 4119, Second Engrossed



  1         (c)  The Legislature shall evaluate proposals to

  2  increase regulation of professions or occupations to determine

  3  their effect on job creation or retention and employment

  4  opportunities.

  5         Section 13.  Section 481.222, Florida Statutes, is

  6  created to read:

  7         481.222  Architects performing building code inspector

  8  duties.--Notwithstanding any other provision of this part, a

  9  person currently licensed to practice as an architect under

10  this part may provide building inspection services described

11  in s. 468.603(6) and (7) to a local government or state agency

12  upon its request, without being certified by the Board of

13  Building Code Administrators and Inspectors under part XIII of

14  chapter 468.  When performing these building inspection

15  services, the architect is subject to the disciplinary

16  guidelines of this part and s. 468.621(1)(c)-(g).  The

17  complaint processing, investigation, and discipline shall be

18  conducted by the Board of Architecture and Interior Design

19  rather than the Board of Building Code Administrators and

20  Inspectors.  An architect may not perform plans review as an

21  employee of a local government upon any job that the architect

22  or the architect's company designed.

23         Section 14.  Section 471.029, Florida Statutes, is

24  created to read:

25         471.029  Professional engineers performing building

26  code inspector duties.--Notwithstanding any other provision of

27  this part, a person currently licensed to practice as a

28  professional engineer under this part may provide building

29  inspection services described in s. 468.603(6) and (7) to a

30  local government or state agency upon its request, without

31  being certified by the Board of Building Code Administrators


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                                         HB 4119, Second Engrossed



  1  and Inspectors under part XIII of chapter 468.  When

  2  performing these building inspection services, the

  3  professional engineer is subject to the disciplinary

  4  guidelines of this chapter and s. 468.621(1)(c)-(g).  The

  5  complaint processing, investigation, and discipline shall be

  6  conducted by the Board of Professional Engineers rather than

  7  the Board of Building code Administrators and Inspectors.  A

  8  professional engineer may not perform plans review as an

  9  employee of a local government upon any job that the

10  professional engineer or the professional engineer's company

11  designed.

12         Section 15.  Effective July 1, 1998, subsection (12) of

13  section 465.003, Florida Statutes, is amended, subsections (4)

14  through (14) are renumbered as subsections (5) through (15),

15  respectively, and a new subsection (4) is added to said

16  section, to read:

17         465.003  Definitions.--As used in this chapter, the

18  term:

19         (4)  "Data communication device" means an electronic

20  device that receives electronic information from one source

21  and transmits or routes it to another, including, but not

22  limited to, any such bridge, router, switch, or gateway.

23         (13)(12)  "Practice of the profession of pharmacy"

24  includes compounding, dispensing, and consulting concerning

25  contents, therapeutic values, and uses of any medicinal drug;

26  and consulting concerning therapeutic values and interactions

27  of patent or proprietary preparations, whether pursuant to

28  prescriptions or in the absence and entirely independent of

29  such prescriptions or orders; and other pharmaceutical

30  services. For purposes of this subsection, "other

31  pharmaceutical services" means the evaluation and monitoring


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                                         HB 4119, Second Engrossed



  1  of the patient's health as it relates to drug therapy and

  2  assisting the patient in the management of his or her drug

  3  therapy, and includes the review of the patient's drug therapy

  4  and communication with the patient and the patient's

  5  prescribing health care provider as licensed under chapter

  6  458, chapter 459, chapter 461, or chapter 466, or similar

  7  statutory provision in another jurisdiction, or such

  8  provider's agent or such other persons as specifically

  9  authorized by the patient, regarding the drug therapy.Nothing

10  herein shall be interpreted to permit an alteration of a

11  prescriber's directions, unless otherwise permitted by law.

12  "Practice of the profession of pharmacy" The phrase also

13  includes any other act, service, operation, research, or

14  transaction incidental to, or forming a part of, any of the

15  foregoing acts, requiring, involving, or employing the science

16  or art of any branch of the pharmaceutical profession, study,

17  or training, and shall expressly permit a pharmacist to

18  transmit information from persons authorized to prescribe

19  medicinal drugs to their patients. A pharmacist may also

20  administer immunizations within the framework of an

21  established protocol under a supervisory practitioner who is a

22  physician licensed under chapter 458 or chapter 459 or by

23  written agreement with a county health department. Each

24  protocol must contain specific procedures to address any

25  unforeseen allergic reaction to an immunization. A pharmacist

26  may not enter into a protocol unless he or she maintains at

27  least $200,000 of professional liability insurance, and not

28  until the pharmacist has completed training in immunizations

29  as may be required by the board. The decision by a supervisory

30  practitioner to enter into such a protocol is a professional

31  decision of the practitioner, and no person may interfere with


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                                         HB 4119, Second Engrossed



  1  a supervisory practitioner's decision as to whether to enter

  2  into such a protocol. A pharmacist may not enter into a

  3  protocol that is to be performed while acting as an employee

  4  without the written approval of the owner of the pharmacy.

  5         Section 16.  Paragraph (l) of subsection (1) of section

  6  465.016, Florida Statutes, is amended to read:

  7         465.016  Disciplinary actions.--

  8         (1)  The following acts shall be grounds for

  9  disciplinary action set forth in this section:

10         (l)  Placing in the stock of any pharmacy any part of

11  any prescription compounded or dispensed which is returned by

12  a patient; however, in a hospital, nursing home, correctional

13  facility, or extended care facility in which unit-dose

14  medication is dispensed to inpatients, each dose being

15  individually sealed and the individual unit dose or unit-dose

16  system labeled with the name of the drug, dosage strength,

17  manufacturer's control number, and expiration date, if any,

18  the unused unit dose of medication may be returned to the

19  pharmacy for redispensing.  Each pharmacist shall maintain

20  appropriate records for any unused or returned medicinal

21  drugs.

22         Section 17.  Effective July 1, 1998, a new paragraph

23  (q) is added to subsection (1) of section 465.016, Florida

24  Statutes, to read:

25         465.016  Disciplinary actions.--

26         (1)  The following acts shall be grounds for

27  disciplinary action set forth in this section:

28         (q)  Using or releasing a patient's records except as

29  authorized by this chapter and chapter 455.

30         Section 18.  Effective July 1, 1998, subsection (2) of

31  section 465.017, Florida Statutes, is amended to read:


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                                         HB 4119, Second Engrossed



  1         465.017  Authority to inspect.--

  2         (2)  Except as permitted by this chapter, and chapters

  3  406, 409, 455, 499, and 893, records maintained by in a

  4  pharmacy relating to the filling of prescriptions and the

  5  dispensing of medicinal drugs shall not be furnished, except

  6  upon the written authorization of the patient, to any person

  7  other than to the patient for whom the drugs were dispensed,

  8  or her or his legal representative, or to the department

  9  pursuant to existing law, or, in the event that the patient is

10  incapacitated or unable to request said records, her or his

11  spouse; to the department pursuant to existing law; to health

12  care practitioners and pharmacists consulting or dispensing to

13  the patient; or to insurance carriers or other payors

14  authorized by the patient to receive such records. For

15  purposes of this section, records held in a pharmacy shall be

16  considered owned by the owner of the pharmacy. The pharmacy

17  owner may use such records in the aggregate without patient

18  identification data, regardless of where such records are

19  held, for purposes reasonably related to the business and

20  practice of pharmacy except upon the written authorization of

21  such patient. Such records may be furnished in any civil or

22  criminal proceeding, upon the issuance of a subpoena from a

23  court of competent jurisdiction and proper notice to the

24  patient or her or his legal representative by the party

25  seeking such records. Such records or any part thereof, if

26  transmitted through a data communication device and not

27  directly between a pharmacy and a treating practitioner, may

28  not be accessed, used, or maintained by the operator or owner

29  of the data communication device unless specifically

30  authorized by this section. It is the intent of this

31  subsection to allow the use and sharing of such records to


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                                         HB 4119, Second Engrossed



  1  improve patient care, provided the pharmacist acts in the best

  2  interests of their patient. Nothing herein shall be construed

  3  to authorize or expand solicitation or marketing to patients

  4  or potential patients in any manner not otherwise specifically

  5  authorized by law.

  6         Section 19.  Effective July 1, 1998, subsection (4) of

  7  section 465.019, Florida Statutes, is amended to read:

  8         465.019  Institutional pharmacies; permits.--

  9         (4)  Medicinal drugs shall be dispensed in an

10  institutional pharmacy to outpatients only when that

11  institution has secured a community pharmacy permit from the

12  department. However, an individual licensed to prescribe

13  medicinal drugs in this state may dispense up to a 24-hour

14  supply of a medicinal drug to any patient of an emergency

15  department of a hospital that operates a Class II

16  institutional pharmacy, provided the physician treating the

17  patient in such hospital's emergency department determines

18  that the medicinal drug is warranted and that community

19  pharmacy services are not readily accessible, geographically

20  or otherwise, to the patient. Such dispensing from the

21  emergency department shall be in accordance with the

22  procedures of the hospital. For any such patient for whom a

23  medicinal drug is warranted for a period to exceed 24 hours,

24  an individual licensed to prescribe such drug shall dispense a

25  24-hour supply of such drug to the patient and shall provide

26  the patient a prescription for such drug for use after the

27  initial 24-hour period. The board may adopt rules necessary to

28  carry out the provisions of this subsection.

29         Section 20.  Effective July 1, 1998, section 465.014,

30  Florida Statutes, is amended to read:

31


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                                         HB 4119, Second Engrossed



  1         465.014  Pharmacy technician.--No person other than a

  2  licensed pharmacist or pharmacy intern may engage in the

  3  practice of the profession of pharmacy, except that a licensed

  4  pharmacist may delegate to nonlicensed pharmacy technicians

  5  those duties, tasks, and functions which do not fall within

  6  the purview of s. 465.003(13)(12).  All such delegated acts

  7  shall be performed under the direct supervision of a licensed

  8  pharmacist who shall be responsible for all such acts

  9  performed by persons under his or her supervision. A pharmacy

10  technician, under the supervision of a pharmacist, may

11  initiate or receive communications with a practitioner or his

12  or her agent, on behalf of a patient, regarding refill

13  authorization requests. No licensed pharmacist shall supervise

14  more than one pharmacy technician unless otherwise permitted

15  by the guidelines adopted by the board. The board shall

16  establish guidelines to be followed by licensees or permittees

17  in determining the circumstances under which a licensed

18  pharmacist may supervise more than one but not more than three

19  pharmacy technicians.

20         Section 21.  Effective July 1, 1998, paragraph (c) of

21  subsection (2) of section 465.015, Florida Statutes, is

22  amended to read:

23         465.015  Violations and penalties.--

24         (2)  It is unlawful for any person:

25         (c)  To sell or dispense drugs as defined in s.

26  465.003(8)(7) without first being furnished with a

27  prescription.

28         Section 22.  Effective July 1, 1998, section 465.0196,

29  Florida Statutes, is amended to read:

30         465.0196  Special pharmacy permits.--Any person

31  desiring a permit to operate a pharmacy which does not fall


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                                         HB 4119, Second Engrossed



  1  within the definitions set forth in s. 465.003(11)(10)(a)1.,

  2  2., and 3. shall apply to the department for a special

  3  pharmacy permit.  If the board certifies that the application

  4  complies with the applicable laws and rules of the board

  5  governing the practice of the profession of pharmacy, the

  6  department shall issue the permit.  No permit shall be issued

  7  unless a licensed pharmacist is designated to undertake the

  8  professional supervision of the compounding and dispensing of

  9  all drugs dispensed by the pharmacy.  The licensed pharmacist

10  shall be responsible for maintaining all drug records and for

11  providing for the security of the area in the facility in

12  which the compounding, storing, and dispensing of medicinal

13  drugs occurs.  The permittee shall notify the department

14  within 10 days of any change of the licensed pharmacist

15  responsible for such duties.

16         Section 23.  Effective July 1, 1998, subsection (3) of

17  section 468.812, Florida Statutes, is amended to read:

18         468.812  Exemptions from licensure.--

19         (3)  The provisions of this act relating to orthotics

20  or pedorthics do not apply to any licensed pharmacist or to

21  any person acting under the supervision of a licensed

22  pharmacist. The practice of orthotics or pedorthics by a

23  pharmacist or any of the pharmacist's employees acting under

24  the supervision of a pharmacist shall be construed to be

25  within the meaning of the term "practice of the profession of

26  pharmacy" as set forth in s. 465.003(13)(12), and shall be

27  subject to regulation in the same manner as any other pharmacy

28  practice. The Board of Pharmacy shall develop rules regarding

29  the practice of orthotics and pedorthics by a pharmacist. Any

30  pharmacist or person under the supervision of a pharmacist

31  engaged in the practice of orthotics or pedorthics shall not


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                                         HB 4119, Second Engrossed



  1  be precluded from continuing that practice pending adoption of

  2  these rules.

  3         Section 24.  Effective July 1, 1998, subsection (19) of

  4  section 499.003, Florida Statutes, is amended to read:

  5         499.003  Definitions of terms used in ss.

  6  499.001-499.081.--As used in ss. 499.001-499.081, the term:

  7         (19)  "Legend drug," "prescription drug," or "medicinal

  8  drug" means any drug, including, but not limited to, finished

  9  dosage forms, or active ingredients subject to, defined by, or

10  described by s. 503(b) of the Federal Food, Drug, and Cosmetic

11  Act or s. 465.003(8)(7), s. 499.007(12), or s. 499.0122(1)(b)

12  or (c).

13         Section 25.  Effective July 1, 1998, paragraph (a) of

14  subsection (1) of section 499.012, Florida Statutes, is

15  amended to read:

16         499.012  Wholesale distribution; definitions; permits;

17  general requirements.--

18         (1)  As used in this section, the term:

19         (a)  "Wholesale distribution" means distribution of

20  prescription drugs to persons  other than a consumer or

21  patient, but does not include lawful dispensing of a

22  prescription drug in accordance with chapter 465; however:

23         1.  As used in s. 499.005(21), the term "wholesale

24  distribution" does not include any of the following activities

25  if the activity is conducted in accordance with s. 499.014:

26         a.1.  The purchase or other acquisition by a hospital

27  or other health care entity that is a member of a group

28  purchasing organization of a prescription drug for its own use

29  from the group purchasing organization or from other hospitals

30  or health care entities that are members of that organization;

31


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                                         HB 4119, Second Engrossed



  1         b.2.  The sale, purchase, or trade of a prescription

  2  drug or an offer to sell, purchase, or trade a prescription

  3  drug by a charitable organization described in s. 501(c)(3) of

  4  the Internal Revenue Code of 1986, as amended and revised, to

  5  a nonprofit affiliate of the organization to the extent

  6  otherwise permitted by law;

  7         c.3.  The sale, purchase, or trade of a prescription

  8  drug or an offer to sell, purchase, or trade a prescription

  9  drug among hospitals or other health care entities that are

10  under common control.  For purposes of this section, "common

11  control" means the power to direct or cause the direction of

12  the management and policies of a person or an organization,

13  whether by ownership of stock, by voting rights, by contract,

14  or otherwise.

15         2.  As used in s. 499.005(21), the term "wholesale

16  distribution" also does not include any of the following

17  activities if the activity is done in accordance with rules

18  established by the department:

19         a.4.  The sale, purchase, or trade of a prescription

20  drug among federal, state, or local government health care

21  entities that are under common control and are authorized to

22  purchase such prescription drug.

23         b.  The sale, purchase, trade, or other transfer of a

24  prescription drug from or for any of the following entities: a

25  federal, state, or local government agency or any entity

26  eligible to purchase prescription drugs at public health

27  services prices pursuant to s. 602 of Pub. L. No. 102-585 to a

28  contract provider or its subcontractor for eligible patients

29  of the entity if:

30         (I)  The entity obtains written authorization for the

31  sale, purchase, trade, or other transfer of a prescription


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                                         HB 4119, Second Engrossed



  1  drug under this paragraph from the Secretary of Health. This

  2  written authorization must be based on a favorable

  3  recommendation by the Drug Regulation Advisory Group after the

  4  group has reviewed the entity's submission to the department

  5  of a detailed plan and justification for the sale, purchase,

  6  trade, or other transfer of a prescription drug under this

  7  paragraph and must enhance the public's health by improving

  8  needed access, quality, or safety because current patient drug

  9  delivery systems are inadequate;

10         (II)  The contract provider or subcontractor is

11  authorized by law to administer or dispense prescription

12  drugs;

13         (III)  In the case of a subcontractor, the entity is a

14  party to and executes the subcontract;

15         (IV)  A contract provider or subcontractor maintains

16  separate and apart any prescription drugs of the entity in its

17  possession from other prescription drug inventory;

18         (V)  The contract provider and subcontractor maintains

19  and produces immediately for inspection all records of

20  movement or transfer of all the prescription drugs belonging

21  to the entity, including, but not limited to, the records of

22  receipt and disposition of prescription drugs. Each contractor

23  and subcontractor dispensing or administering these drugs must

24  maintain and produce records documenting the dispensing or

25  administration. Records that are required to be maintained

26  include, but are not limited to, a perpetual inventory

27  itemizing drugs received and drugs dispensed by prescription

28  number or administered by patient identifier, which must be

29  submitted to the entity monthly;

30         (VI)  The contract provider or subcontractor either

31  administers or dispenses the prescription drugs only to the


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                                         HB 4119, Second Engrossed



  1  eligible patients of the entity or returns the prescription

  2  drug for or to the entity. The contract provider or

  3  subcontractor must require proof from each person seeking to

  4  fill a prescription or obtain treatment that the person is an

  5  eligible patient of the entity and must, at a minimum,

  6  maintain a copy of this proof as part of the records of the

  7  contractor or subcontractor required under

  8  sub-sub-subparagraph (V);

  9         (VII)  The prescription drugs transferred pursuant to

10  this paragraph may not be billed to Medicaid; and

11         (VIII)  In addition to the departmental inspection

12  authority set forth in s. 499.051, the establishment of the

13  contract provider and subcontractor and all records pertaining

14  to prescription drugs subject to this sub-subparagraph are

15  subject to inspection by the entity. All records relating to

16  prescription drugs of a manufacturer under this

17  sub-subparagraph are subject to audit by the manufacturer of

18  those drugs, without identifying individual patient

19  information.

20         c.5.  The sale, purchase, or trade of a prescription

21  drug or an offer to sell, purchase, or trade a prescription

22  drug for emergency medical reasons; for purposes of this

23  sub-subparagraph subparagraph, the term "emergency medical

24  reasons" includes transfers of prescription drugs by a retail

25  pharmacy to another retail pharmacy to alleviate a temporary

26  shortage.;

27         d.6.  The transfer purchase or acquisition of a

28  prescription drug acquired by a medical director on behalf of

29  a licensed an emergency medical services provider to that

30  medical director for use by emergency medical services

31  provider and its transport vehicles for use in accordance with


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                                         HB 4119, Second Engrossed



  1  the provider's license under providers acting within the scope

  2  of their professional practice pursuant to chapter 401.

  3         7.  The dispensing of a prescription drug pursuant to a

  4  prescription;

  5         e.8.  The distribution of prescription drug samples by

  6  manufacturers' representatives or distributors'

  7  representatives conducted in accordance with s. 499.028.; or

  8         f.9.  The sale, purchase, or trade of blood and blood

  9  components intended for transfusion.  As used in this section,

10  the term "blood" means whole blood collected from a single

11  donor and processed either for transfusion or further

12  manufacturing, and the term "blood components" means that part

13  of the blood separated by physical or mechanical means.

14         Section 26.  Effective July 1, 1998, section 499.0722,

15  Florida Statutes, is created to read:

16         499.0722  Drug Regulation Advisory Group; exemptions.--

17         (1)  There is created the Drug Regulation Advisory

18  Group, which is an independent advisory group composed of at

19  least 11 members appointed by the Secretary of Health and

20  including:

21         (a)  One member representing the prescription drug

22  wholesale industry in this state;

23         (b)  One member representing pharmaceutical

24  manufacturers, who may represent pharmaceutical manufacturers

25  nationwide;

26         (c)  One member who is a practicing pharmacist;

27         (d)  One member representing the Agency for Health Care

28  Administration;

29         (e)  One member who is a physician licensed under

30  chapter 458 or chapter 459;

31         (f)  One consumer representative;


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                                         HB 4119, Second Engrossed



  1         (g)  One member representing the cosmetic industry;

  2         (h)  One member representing the compressed medical gas

  3  industry;

  4         (i)  One member representing the medical device

  5  manufacturing industry;

  6         (j)  The Executive Director of the Board of Pharmacy,

  7  who shall be an ex officio member; and

  8         (k)  One member representing the department, who shall

  9  chair group meetings.

10         (l)  One member representing hospitals.

11         (m)  One member representing the long-term care

12  industry.

13         (2)  Members shall be appointed for terms of 4 years,

14  except for the Executive Director of the Board of Pharmacy and

15  the departmental representative, who may serve indefinitely.

16  Members of the group may be reappointed. A vacancy in

17  membership which occurs before the expiration of a term shall

18  be filled by a member appointed by the Secretary of Health for

19  a full term.

20         (3)  The group shall meet upon request of the

21  department, but no more than four times a year. Members of the

22  group shall serve without compensation, but may be reimbursed

23  for per diem and travel expenses as provided in s. 112.061.

24         (4)  The purposes and duties of the Drug Regulation

25  Advisory Group include, but are not limited to:

26         (a)  Making recommendations to the Secretary of Health

27  regarding authorizations for the sale, purchase, trade, or

28  other transfer of a prescription drug under s. 499.012(1)(b)2.

29         (b)  Making recommendations to the department regarding

30  enforcement priorities under this chapter.

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                                         HB 4119, Second Engrossed



  1         (c)  Briefing the department on industry trends that

  2  affect this chapter.

  3         (d)  Providing information and guidance on issues

  4  submitted by the department to the group.

  5         (e)  Facilitating the dissemination of relevant

  6  information concerning current issues affecting the public

  7  health within the scope and responsibility of this chapter.

  8         (5)  The department may publish compliance policy

  9  guidelines that set forth enforcement priorities or other

10  recommendations of the Drug Regulation Advisory Group when

11  that is in the best interest of the public health.

12         Section 27.  Except as otherwise provided in this act,

13  this act shall take effect upon becoming a law.

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