HB 1519 2003
1	A bill to be entitled
2	An act relating to pharmacy practice; amending s. 465.003,
3	F.S.; revising the definition of the term "practice of the
4	profession of pharmacy" to include the administering of
5	immunizations by a pharmacist within the framework of an
6	established protocol under a supervisory practitioner who
7	is a licensed physician or by written agreement with a
8	county health department; requiring professional liability
9	insurance, training in immunization, and employer approval
10	prior to entering into a protocol; providing an effective
11	date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Subsection (13) of section 465.003, Florida
16	Statutes, is amended to read:
17	465.003 Definitions.--As used in this chapter, the term:
18	(13) "Practice of the profession of pharmacy" includes
19	compounding, dispensing, and consulting concerning contents,
20	therapeutic values, and uses of any medicinal drug; consulting
21	concerning therapeutic values and interactions of patent or
22	proprietary preparations, whether pursuant to prescriptions or
23	in the absence and entirely independent of such prescriptions or
24	orders; and other pharmaceutical services. For purposes of this
25	subsection, "other pharmaceutical services" means the monitoring
26	of the patient's drug therapy and assisting the patient in the
27	management of his or her drug therapy, and includes review of
28	the patient's drug therapy and communication with the patient's
29	prescribing health care provider as licensed under chapter 458,
30	chapter 459, chapter 461, or chapter 466, or similar statutory
31	provision in another jurisdiction, or such provider's agent or
32	such other persons as specifically authorized by the patient,
33	regarding the drug therapy. However, nothing in this subsection
34	may be interpreted to permit an alteration of a prescriber's
35	directions, the diagnosis or treatment of any disease, the
36	initiation of any drug therapy, the practice of medicine, or the
37	practice of osteopathic medicine, unless otherwise permitted by
38	law. "Practice of the profession of pharmacy" also includes any
39	other act, service, operation, research, or transaction
40	incidental to, or forming a part of, any of the foregoing acts,
41	requiring, involving, or employing the science or art of any
42	branch of the pharmaceutical profession, study, or training, and
43	shall expressly permit a pharmacist to transmit information from
44	persons authorized to prescribe medicinal drugs to their
45	patients. "Practice of the profession of pharmacy" also includes
46	the administering of immunizations by a pharmacist within the
47	framework of an established protocol under a supervisory
48	practitioner who is a physician licensed under chapter 458 or
49	chapter 459 or by written agreement with a county health
50	department. Each protocol must contain specific procedures to
51	address any unforeseen allergic reaction to an immunization. A
52	pharmacist may not enter into a protocol unless he or she
53	maintains at least $200,000 of professional liability insurance
54	and not until the pharmacist has completed training in
55	immunizations as may be required by the board. The decision by a
56	supervisory practitioner to enter into such a protocol is a
57	professional decision of the practitioner, and no person may
58	interfere with a supervisory practitioner's decision as to
59	whether to enter into such a protocol. A pharmacist may not
60	enter into a protocol that is to be performed while acting as an
61	employee without the written approval of the owner of the
62	pharmacy.
63	Section 2. This act shall take effect July 1, 2003.