Senate Bill 1068c1
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Florida Senate - 1999 CS for SB 1068
By the Committee on Health, Aging and Long-Term Care; and
Senator Sullivan
317-2053-99
1 A bill to be entitled
2 An act relating to physician assistants;
3 amending s. 39.304, F.S.; allowing a physician
4 assistant to perform a medical examination, and
5 to authorize a radiological examination to be
6 performed, on a child who is suspected to be a
7 victim of abuse, abandonment, or neglect;
8 amending ss. 458.347, 459.022, F.S.; providing
9 for the appointment of a formulary committee to
10 establish a formulary of medicinal drugs that
11 physician assistants may prescribe; providing
12 for terms and meetings of the formulary
13 committee; providing standards for formulary
14 drugs; providing for the Board of Medicine and
15 the Board of Osteopathic Medicine to adopt the
16 formularies; providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Subsection (1) of section 39.304, Florida
21 Statutes, 1998 Supplement, is amended to read:
22 39.304 Photographs, medical examinations, X rays, and
23 medical treatment of abused, abandoned, or neglected child.--
24 (1) Any person required to investigate cases of
25 suspected child abuse, abandonment, or neglect may take or
26 cause to be taken photographs of the areas of trauma visible
27 on a child who is the subject of a report. If the areas of
28 trauma visible on a child indicate a need for a medical
29 examination, or if the child verbally complains or otherwise
30 exhibits distress as a result of injury through suspected
31 child abuse, abandonment, or neglect, or is alleged to have
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Florida Senate - 1999 CS for SB 1068
317-2053-99
1 been sexually abused, the person required to investigate may
2 cause the child to be referred for diagnosis to a licensed
3 physician or an emergency department in a hospital without the
4 consent of the child's parents, caregiver, or legal custodian.
5 Such an examination may be performed by an advanced registered
6 nurse practitioner licensed under pursuant to chapter 464 or a
7 physician assistant licensed under chapter 458 or chapter 459.
8 Any licensed physician, physician assistant licensed under
9 chapter 458 or chapter 459, or advanced registered nurse
10 practitioner licensed under pursuant to chapter 464, who has
11 reasonable cause to suspect that an injury was the result of
12 child abuse, abandonment, or neglect may authorize a
13 radiological examination to be performed on the child without
14 the consent of the child's parent, caregiver, or legal
15 custodian.
16 Section 2. Paragraph (f) of subsection (4) of section
17 458.347, Florida Statutes, 1998 Supplement, is amended to
18 read:
19 458.347 Physician assistants.--
20 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.--
21 (f)1. There is created a five-member committee
22 appointed by the Secretary of Health. The committee must be
23 composed of one fully licensed physician assistant licensed
24 under pursuant to this section or s. 459.022, two physicians
25 licensed under pursuant to this chapter, one of whom
26 supervises a fully licensed physician assistant, one
27 osteopathic physician licensed under pursuant to chapter 459,
28 and one pharmacist licensed under pursuant to chapter 465 who
29 is not licensed under pursuant to this chapter or chapter 459.
30 All members of the formulary committee shall be appointed for
31 initial terms commencing July 1, 1999. Committee members shall
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Florida Senate - 1999 CS for SB 1068
317-2053-99
1 be appointed to terms of 4 years, except that, of the initial
2 appointments, two members shall be appointed for terms of 2
3 years, two shall be appointed for terms of 3 years, and one
4 shall be appointed for a term of 4 years. The committee shall
5 meet at least quarterly to establish a formulary of medicinal
6 drugs that for which a fully licensed physician assistant may
7 prescribe. The formulary may not include controlled substances
8 as defined in chapter 893, antineoplastics, antipsychotics,
9 radiopharmaceuticals, general anesthetics, or radiographic
10 contrast materials, or any parenteral preparations except
11 insulin and epinephrine.
12 2. Only the committee shall add to, delete from, or
13 modify the formulary. Any person who requests an addition,
14 deletion, or modification of a medicinal drug listed on such
15 formulary has the burden of proof to show cause why such
16 addition, deletion, or modification should be made.
17 3. The boards shall adopt the formulary required by
18 this paragraph, and each addition, deletion, or modification
19 to the formulary, by rule. Notwithstanding any provision of
20 chapter 120 to the contrary, the formulary rule shall be
21 effective 60 days after the date it is filed with the
22 Secretary of State. Upon adoption of the formulary, the
23 department shall mail a copy of such formulary to each fully
24 licensed physician assistant and to each pharmacy licensed by
25 the state. The boards shall establish, by rule, a fee not to
26 exceed $200 to fund the provisions of this paragraph and
27 paragraph (e). The Board of Medicine shall adopt the formulary
28 required by this paragraph and shall adopt each subsequent
29 change at its next regular meeting following receipt of the
30 formulary from the formulary committee.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 CS for SB 1068
317-2053-99
1 Section 3. Paragraph (f) of subsection (4) of section
2 459.022, Florida Statutes, 1998 Supplement, is amended to
3 read:
4 459.022 Physician assistants.--
5 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.--
6 (f)1. There is created a five-member committee
7 appointed by the Secretary of Health. The committee must be
8 composed of one fully licensed physician assistant licensed
9 under pursuant to this section or s. 458.347, two physicians
10 licensed under pursuant to chapter 458, one of whom supervises
11 a fully licensed physician assistant, one osteopathic
12 physician licensed under pursuant to this chapter, and one
13 pharmacist licensed under pursuant to chapter 465 who is not
14 licensed under pursuant to this chapter or chapter 458. All
15 members of the formulary committee shall be appointed for
16 initial terms commencing July 1, 1999. Committee members shall
17 be appointed to terms of 4 years, except that, of the initial
18 appointments, two members shall be appointed for terms of 2
19 years, two shall be appointed for terms of 3 years, and one
20 shall be appointed for a term of 4 years. The committee shall
21 meet at least quarterly to establish a formulary of medicinal
22 drugs that for which a fully licensed physician assistant may
23 prescribe. The formulary may not include controlled substances
24 as defined in chapter 893, antineoplastics, antipsychotics,
25 radiopharmaceuticals, general anesthetics, or radiographic
26 contrast materials, or any parenteral preparations except
27 insulin and epinephrine.
28 2. Only the committee shall add to, delete from, or
29 modify the formulary. Any person who requests an addition,
30 deletion, or modification of a medicinal drug listed on such
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Florida Senate - 1999 CS for SB 1068
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1 formulary has the burden of proof to show cause why such
2 addition, deletion, or modification should be made.
3 3. The boards shall adopt the formulary required by
4 this paragraph, and each addition, deletion, or modification
5 to the formulary, by rule. Notwithstanding any provision of
6 chapter 120 to the contrary, the formulary rule shall be
7 effective 60 days after the date it is filed with the
8 Secretary of State. Upon adoption of the formulary, the
9 department shall mail a copy of such formulary to each fully
10 licensed physician assistant and to each pharmacy licensed by
11 the state. The boards shall establish, by rule, a fee not to
12 exceed $200 to fund the provisions of this paragraph and
13 paragraph (e). The Board of Osteopathic Medicine shall adopt
14 the formulary required by this paragraph and shall adopt each
15 subsequent change at its next regular meeting following
16 receipt of the formulary from the formulary committee.
17 Section 4. This act shall take effect July 1, 1999.
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19 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
20 Senate Bill 1068
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22 The Committee Substitute for SB 1068 no longer authorizes a
physician assistant who has completed a 1-hour course in
23 substance abuse to prescribe controlled substances listed in
Schedule III, Schedule IV, or Schedule V of ch. 893, Florida
24 Statutes. The committee substitute requires the formulary
committee to meet quarterly instead of at least twice
25 annually.
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