CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1031

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on Health Care Licensing & Regulation offered

12  the following:

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14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

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17  and insert in lieu thereof:

18         Section 1.  Subsection (1) of section 39.304, Florida

19  Statutes, 1998 Supplement, is amended to read:

20         39.304  Photographs, medical examinations, X rays, and

21  medical treatment of abused, abandoned, or neglected child.--

22         (1)  Any person required to investigate cases of

23  suspected child abuse, abandonment, or neglect may take or

24  cause to be taken photographs of the areas of trauma visible

25  on a child who is the subject of a report.  If the areas of

26  trauma visible on a child indicate a need for a medical

27  examination, or if the child verbally complains or otherwise

28  exhibits distress as a result of injury through suspected

29  child abuse, abandonment, or neglect, or is alleged to have

30  been sexually abused, the person required to investigate may

31  cause the child to be referred for diagnosis to a licensed

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1031

    Amendment No. 1 (for drafter's use only)





 1  physician or an emergency department in a hospital without the

 2  consent of the child's parents, caregiver, or legal custodian.

 3  Such an examination may be performed by an advanced registered

 4  nurse practitioner licensed under pursuant to chapter 464 or a

 5  physician assistant licensed under chapter 458 or chapter 459.

 6  Any licensed physician, physician assistant licensed under

 7  chapter 458 or chapter 459, or advanced registered nurse

 8  practitioner licensed under pursuant to chapter 464, who has

 9  reasonable cause to suspect that an injury was the result of

10  child abuse, abandonment, or neglect may authorize a

11  radiological examination to be performed on the child without

12  the consent of the child's parent, caregiver, or legal

13  custodian.

14         Section 2.  Paragraph (f) of subsection (4) of section

15  458.347, Florida Statutes, 1998 Supplement, is amended to

16  read:

17         458.347  Physician assistants.--

18         (4)  PERFORMANCE OF PHYSICIAN ASSISTANTS.--

19         (f)1.  There is created a five-member committee

20  appointed by the Secretary of Health.  The committee must be

21  composed of one fully licensed physician assistant licensed

22  under pursuant to this section or s. 459.022, two physicians

23  licensed under pursuant to this chapter, one of whom

24  supervises a fully licensed physician assistant, one

25  osteopathic physician licensed under pursuant to chapter 459,

26  and one pharmacist licensed under pursuant to chapter 465 who

27  is not licensed under pursuant to this chapter or chapter 459.

28  All members of the formulary committee shall be appointed for

29  initial terms commencing July 1, 1999. Committee members shall

30  be appointed to terms of 4 years, except that, of the initial

31  appointments, two members shall be appointed for terms of 2

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1031

    Amendment No. 1 (for drafter's use only)





 1  years, two shall be appointed for terms of 3 years, and one

 2  shall be appointed for a term of 4 years. The committee shall

 3  meet at least quarterly to establish a formulary of medicinal

 4  drugs that for which a fully licensed physician assistant may

 5  prescribe. The formulary may not include controlled substances

 6  as defined in chapter 893, antineoplastics, antipsychotics,

 7  radiopharmaceuticals, general anesthetics, or radiographic

 8  contrast materials, or any parenteral preparations except

 9  insulin and epinephrine.

10         2.  Only the committee shall add to, delete from, or

11  modify the formulary.  Any person who requests an addition,

12  deletion, or modification of a medicinal drug listed on such

13  formulary has the burden of proof to show cause why such

14  addition, deletion, or modification should be made.

15         3.  The boards shall adopt the formulary required by

16  this paragraph, and each addition, deletion, or modification

17  to the formulary, by rule. Notwithstanding any provision of

18  chapter 120 to the contrary, the formulary rule shall be

19  effective 60 days after the date it is filed with the

20  Secretary of State.  Upon adoption of the formulary, the

21  department shall mail a copy of such formulary to each fully

22  licensed physician assistant and to each pharmacy licensed by

23  the state.  The boards shall establish, by rule, a fee not to

24  exceed $200 to fund the provisions of this paragraph and

25  paragraph (e). The Board of Medicine shall adopt the formulary

26  required by this paragraph and shall adopt each subsequent

27  change at its next regular meeting following receipt of the

28  formulary from the formulary committee.

29         Section 3.  Paragraph (f) of subsection (4) of section

30  459.022, Florida Statutes, 1998 Supplement, is amended to

31  read:

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1031

    Amendment No. 1 (for drafter's use only)





 1         459.022  Physician assistants.--

 2         (4)  PERFORMANCE OF PHYSICIAN ASSISTANTS.--

 3         (f)1.  There is created a five-member committee

 4  appointed by the Secretary of Health.  The committee must be

 5  composed of one fully licensed physician assistant licensed

 6  under pursuant to this section or s. 458.347, two physicians

 7  licensed under pursuant to chapter 458, one of whom supervises

 8  a fully licensed physician assistant, one osteopathic

 9  physician licensed under pursuant to this chapter, and one

10  pharmacist licensed under pursuant to chapter 465 who is not

11  licensed under pursuant to this chapter or chapter 458.  All

12  members of the formulary committee shall be appointed for

13  initial terms commencing July 1, 1999. Committee members shall

14  be appointed to terms of 4 years, except that, of the initial

15  appointments, two members shall be appointed for terms of 2

16  years, two shall be appointed for terms of 3 years, and one

17  shall be appointed for a term of 4 years. The committee shall

18  meet at least quarterly to establish a formulary of medicinal

19  drugs that for which a fully licensed physician assistant may

20  prescribe. The formulary may not include controlled substances

21  as defined in chapter 893, antineoplastics, antipsychotics,

22  radiopharmaceuticals, general anesthetics, or radiographic

23  contrast materials, or any parenteral preparations except

24  insulin and epinephrine.

25         2.  Only the committee shall add to, delete from, or

26  modify the formulary.  Any person who requests an addition,

27  deletion, or modification of a medicinal drug listed on such

28  formulary has the burden of proof to show cause why such

29  addition, deletion, or modification should be made.

30         3.  The boards shall adopt the formulary required by

31  this paragraph, and each addition, deletion, or modification

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1031

    Amendment No. 1 (for drafter's use only)





 1  to the formulary, by rule. Notwithstanding any provision of

 2  chapter 120 to the contrary, the formulary rule shall be

 3  effective 60 days after the date it is filed with the

 4  Secretary of State.  Upon adoption of the formulary, the

 5  department shall mail a copy of such formulary to each fully

 6  licensed physician assistant and to each pharmacy licensed by

 7  the state.  The boards shall establish, by rule, a fee not to

 8  exceed $200 to fund the provisions of this paragraph and

 9  paragraph (e). The Board of Osteopathic Medicine shall adopt

10  the formulary required by this paragraph and shall adopt each

11  subsequent change at its next regular meeting following

12  receipt of the formulary from the formulary committee.

13         Section 4.  This act shall take effect July 1, 1999.

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15

16  ================ T I T L E   A M E N D M E N T ===============

17  And the title is amended as follows:

18  remove from the title of the bill:  everything before the

19  enacting clause

20

21  and insert in lieu thereof:

22                      A bill to be entitled

23         An act relating to physician assistants;

24         amending s. 39.304, F.S.; allowing a physician

25         assistant to perform a medical examination, and

26         to authorize a radiological examination to be

27         performed, on a child who is suspected to be a

28         victim of abuse, abandonment, or neglect;

29         amending ss. 458.347 and 459.022, F.S.;

30         providing for the appointment of a formulary

31         committee to establish a formulary of medicinal

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1031

    Amendment No. 1 (for drafter's use only)





 1         drugs that physician assistants may prescribe;

 2         providing for terms and meetings of the

 3         formulary committee; providing standards for

 4         formulary drugs; providing for the Board of

 5         Medicine and the Board of Osteopathic Medicine

 6         to adopt the formularies; providing an

 7         effective date.

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