Senate Bill sb0402c1

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    Florida Senate - 2002                            CS for SB 402

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




    317-835-02

  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 rules and forms; 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  those specified in the prescription, which dispensation

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

26  dispensing of a generic equivalent medication with the

27  patient's consent.

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

29  Statutes, or other health care practitioner as defined in

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

31  patient's allegation that a pharmaceutical adverse incident

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    Florida Senate - 2002                            CS for SB 402
    317-835-02




  1  has occurred which was caused by a health care practitioner,

  2  must report such allegation to the Department of Health on

  3  forms provided by the department. This section does not apply

  4  to:

  5         (a)  Pharmacists employed by pharmacies that

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

  7  Florida Administrative Code; or

  8         (b)  Pharmacists employed by pharmacies that have

  9  notified the Board of Pharmacy that they will establish a

10  continuous quality-improvement program consistent with the

11  requirements of Rule 64B16-27.300, Florida Administrative

12  Code.

13         (3)  The required notification to the department must

14  be submitted in writing by certified mail and postmarked

15  within 15 days after the pharmacist or health care

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

17  pharmaceutical adverse incident has occurred.

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

19  of the Legislature and a specific appropriation sufficient to

20  cover the actual costs, the department shall review each

21  incident and determine whether it potentially involved conduct

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

23  disciplinary action, in which case section 465.073, Florida

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

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

26  practitioner is licensed.

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

28  rules for administering this section.

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

30  only upon the effective date of legislation that makes any

31  such information provided to the Department of Health

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    Florida Senate - 2002                            CS for SB 402
    317-835-02




  1  confidential and exempt from section 119.07(1), Florida

  2  Statutes, and Section 24(a) of Article I of the State

  3  Constitution, until 10 days after probable cause is found that

  4  a violation of law occurred. Such legislation must also

  5  provide that information may be used by the department or the

  6  Board of Pharmacy only in a disciplinary proceeding brought

  7  against the pharmacist or by the department in any study of

  8  adverse incidents without identifying the patient, pharmacist,

  9  pharmacy, office, or entity by name, location, or other

10  identifier.

11         Section 4.  Except as otherwise expressly provided in

12  this act, this act shall take effect July 1, 2002.

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14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 402

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17  The Committee Substitute for Senate Bill 402 clarifies that
    licensed pharmacists and other health care practitioners as
18  defined in s. 456.001, F.S., who become aware of a patient's
    allegation of a pharmaceutical adverse incident must report
19  such allegation rather than the actual incident, itself, to
    the Department of Health. The notification must be submitted
20  in writing by certified mail and postmarked within 15 days
    after the pharmacist or health care practitioner became aware
21  of the patient's allegation that a pharmaceutical adverse
    incident has occurred.
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