Senate Bill sb1096c1

    Florida Senate - 2001                           CS for SB 1096

    By the Committee on Health, Aging and Long-Term Care; and
    Senator Campbell




    317-1654-01

  1                      A bill to be entitled

  2         An act relating to pharmacy; providing a short

  3         title; defining the term "pharmaceutical

  4         adverse incident" and requiring that such

  5         incidents be reported to the Department of

  6         Health; requiring the department to review

  7         reported incidents to determine if the

  8         incidents potentially involve conduct by a

  9         health care practitioner that is subject to

10         disciplinary action; specifying that any

11         disciplinary action shall be taken by the

12         appropriate board; providing for the adoption

13         of rules and forms; providing an effective

14         date.

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

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18         Section 1.  This act may be cited as the "Ernest Belles

19  Act."

20         Section 2.  (1)  As used in this section, the term

21  "pharmaceutical adverse incident" means the dispensing of a

22  different medication, a different dose, or the correct

23  medication in a container with different instructions than

24  that specified in the prescription, but does not include the

25  dispensing of a generic equivalent medication with the

26  patient's consent.

27         (2)  A pharmacist licensed under chapter 465, Florida

28  Statutes, or other health care practitioner, as defined in

29  section 456.001, Florida Statutes, who becomes aware of a

30  pharmaceutical adverse incident must report such incident to

31  the Department of Health on forms provided by the department.

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






    Florida Senate - 2001                           CS for SB 1096
    317-1654-01




  1         (3)  The required notification to the department must

  2  be submitted in writing by certified mail and postmarked

  3  within 15 days after the occurrence of the adverse incident.

  4         (4)  The department shall review each incident and

  5  determine whether it potentially involved conduct by a

  6  pharmacist or health care practitioner who is subject to

  7  disciplinary action, in which case section 465.073, Florida

  8  Statutes applies.  Disciplinary action, if any, shall be taken

  9  by the board under which the pharmacist or health care

10  practitioner is licensed.

11         (5)  The Department of Health shall adopt forms and

12  rules for administering this section.

13         Section 3.  This act shall take effect July 1, 2001.

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15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                         Senate Bill 1096

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18  The Committee Substitute names the bill the "Ernest Belles
    Act", and requires the Department of Health to review reported
19  "pharmaceutical adverse incidents" to determine if the
    incidents potentially involve conduct by a health care
20  practitioner who is subject to disciplinary action and
    specifies that disciplinary action may be taken by the
21  appropriate regulatory board under which the health care
    practitioner is licensed.
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CODING: Words stricken are deletions; words underlined are additions.