House Bill hb1481

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    Florida House of Representatives - 2002                HB 1481

        By Representative Cusack






  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; providing exceptions; requiring the

  7         department to review reported incidents to

  8         determine whether the incidents potentially

  9         involve conduct by a health care practitioner

10         that is subject to disciplinary action;

11         specifying that any disciplinary action shall

12         be taken by the appropriate board; providing

13         for the adoption of forms and rules; providing

14         effective dates.

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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  specified in the prescription, which dispensation results in

25  actual harm to a patient, but does not include the dispensing

26  of a generic equivalent medication with the patient's consent.

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

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

29  456.001, Florida Statutes, who becomes aware of a patient's

30  allegation that a pharmaceutical adverse incident has occurred

31  which was caused by a health care practitioner, must report

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    Florida House of Representatives - 2002                HB 1481

    799-116-02






  1  such allegation to the Department of Health on forms provided

  2  by the department. This section does not apply to:

  3         (a)  Pharmacists employed by pharmacies that

  4  participate in the program provided by Rule 64B16-27.300,

  5  Florida Administrative Code; or

  6         (b)  Pharmacists employed by pharmacies that have

  7  notified the Board of Pharmacy that they will establish a

  8  continuous quality improvement program consistent with the

  9  requirements of Rule 64B16-27.300, Florida Administrative

10  Code.

11         (3)  The required notification to the department must

12  be submitted in writing by certified mail and postmarked

13  within 15 days after the pharmacist or health care

14  practitioner became aware of the patient's allegation that a

15  pharmaceutical adverse incident has occurred.

16         (4)  Effective July 1, 2004, subject to subsequent act

17  of the Legislature and a specific appropriation sufficient to

18  cover the actual costs, the department shall review each

19  incident and determine whether it potentially involved conduct

20  by a pharmacist or health care practitioner who is subject to

21  disciplinary action, in which case s. 465.023, Florida

22  Statutes, applies.  Disciplinary action, if any, shall be

23  taken by the board under which the pharmacist or health care

24  practitioner is licensed.

25         (5)  The department shall adopt forms and rules for

26  administering this section.

27         Section 3.  Section 2 of this act shall take effect

28  only upon the effective date of legislation that makes any

29  such information provided to the Department of Health

30  confidential and exempt from s. 119.07(1), Florida Statutes,

31  and s. 24(a), Art. I of the State Constitution, until 10 days

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    Florida House of Representatives - 2002                HB 1481

    799-116-02






  1  after probable cause is found that a violation of law

  2  occurred. Such legislation must also provide that information

  3  may be used by the department or the Board of Pharmacy only in

  4  a disciplinary proceeding brought against the pharmacist or by

  5  the department in any study of adverse incidents without

  6  identifying the patient, pharmacist, pharmacy, office, or

  7  entity by name, location, or other identifier.

  8         Section 4.  Except as otherwise provided in this act,

  9  this act shall take effect July 1, 2002.

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11            *****************************************

12                          HOUSE SUMMARY

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      Defines "pharmaceutical adverse incident" and requires
14    that a pharmacist or other health care practitioner
      report a patient's allegation of such incident to the
15    Department of Health. Specifies pharmacists to whom the
      reporting requirement does not apply. Effective July 1,
16    2004, and subject to specific appropriation therefor and
      enactment of specified confidentiality provisions,
17    requires the department to review each reported incident
      to determine whether conduct requiring disciplinary
18    action by a professional licensing board may be involved.
      Provides department rulemaking authority.
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