Senate Bill sb1736

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 1736

    By Senator Margolis





    35-793-03

  1                      A bill to be entitled

  2         An act relating to advanced registered nurse

  3         practitioners; creating s.464.0125, F.S.;

  4         providing for the registration of advanced

  5         registered nurse practitioners to prescribe

  6         drugs; providing prerequisites to prescribing

  7         noncontrolled legend drugs; providing

  8         prerequisites to prescribing controlled

  9         substances; providing a restriction on such

10         prescribing; providing for limiting,

11         suspending, or revoking an advanced registered

12         nurse practitioner's registration to prescribe

13         under this section; providing for rulemaking;

14         amending s. 893.02, F.S.; redefining the term

15         "practitioner" for purposes of the Florida

16         Comprehensive Drug Abuse Prevention and Control

17         Act; providing an effective date.

18  

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

20  

21         Section 1.  Section 464.0125, Florida Statutes, is

22  created to read:

23         464.0125  Registration of prescribing advanced

24  registered nurse practitioners; fees.--

25         (1)  In order to be allowed to prescribe medications,

26  an advanced registered nurse practitioner certified under s.

27  464.012 must register with the board in accordance with this

28  section.

29         (2)  To register to prescribe noncontrolled legend

30  drugs, an advanced registered nurse practitioner must:

31  

                                  1

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






    Florida Senate - 2003                                  SB 1736
    35-793-03




 1         (a)  Possess an active unrestricted license and

 2  certification as an advanced registered nurse practitioner.

 3         (b)  Possess an active and current certification by an

 4  appropriate specialty board or, in the alternative, submit to

 5  the board documentation demonstrating that the advanced

 6  registered nurse practitioner has been prescribing medications

 7  for a period of at least 12 months before obtaining

 8  registration as a prescribing practitioner.

 9         (c)  Submit to the board documentation demonstrating

10  that the advanced registered nurse practitioner has completed

11  at least 16 contact hours of approved continuing education in

12  pharmacology during the immediately preceding 2 years, in

13  addition to the continuing education required for licensure

14  renewal; or, in the alternative, submit to the board

15  documentation demonstrating that the advanced registered nurse

16  practitioner has been prescribing medications for a period of

17  a least 12 months before obtaining registration as a

18  prescribing practitioner.

19         (d)  Have completed at least 16 contact hours of

20  approved continuing education in pharmacology during each

21  2-year licensure period, in addition to the continuing

22  education required for licensure renewal.

23         (e)  Submit a copy of the protocol between the advanced

24  registered nurse practitioner and the supervising physician

25  which protocol complies with the rules of the board and which

26  identifies the categories of drugs that the advanced

27  registered nurse practitioner is authorized to prescribe and

28  requires as an element of general supervision that the

29  advanced registered nurse practitioner meet with the

30  supervising physician at least once every 3 months to review

31  and discuss patient care, prescribed treatments and

                                  2

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






    Florida Senate - 2003                                  SB 1736
    35-793-03




 1  medications, and care outcomes. The Board of Nursing may, by

 2  rule, establish minimum requirements for this meeting. The

 3  protocol must be filed with the initial application for

 4  registration, with the application for renewal of license, and

 5  any time there is a change in the protocol or any party

 6  thereto. For purposes of this section, the supervising

 7  physician must possess a current and unrestricted license to

 8  practice medicine pursuant to chapter 458 or osteopathic

 9  medicine pursuant to chapter 459, must have a primary practice

10  location in this state, and must have a current and

11  unrestricted Drug Enforcement Administration registration

12  number.

13         (f)  Agree to maintain adequate medical records,

14  pursuant to board rule, which include evidence of a patient

15  history and physical examination and, at a minimum, the

16  following information about each prescription:

17         1.  Medication and strength;

18         2.  Dose;

19         3.  Amount prescribed;

20         4.  Directions for use;

21         5.  Number of refills; and

22         6.  The signature or initials of the prescribing

23  physician.

24         (g)  Submit a completed registration form and remit a

25  fee set by the board in an amount not to exceed $75.

26         (3)  To register to prescribe controlled substances, an

27  advanced registered nurse practitioner must comply with all

28  requirements for registration to prescribe noncontrolled

29  substances and must also:

30         (a)  Submit to the board documentation demonstrating

31  that the advanced registered nurse practitioner has completed

                                  3

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






    Florida Senate - 2003                                  SB 1736
    35-793-03




 1  an approved 3-contact-hour course in legal and clinical

 2  aspects of prescribing controlled substances or provide the

 3  board with evidence of a current Drug Enforcement

 4  Administration registration number and 12 months of experience

 5  in prescribing controlled substances.

 6         (b)  Identify as part of the protocol between the

 7  advanced registered nurse practitioner and the supervising

 8  physician the schedules of controlled substances that the

 9  advanced registered nurse practitioner is authorized to

10  prescribe.

11         (c)  Complete at least 2 contact hours of approved

12  continuing education in controlled-substance prescribing

13  during each 2-year licensure period, in addition to the

14  continuing education required for licensure renewal. This

15  continuing education may be part of the 16 hours of continuing

16  education required under paragraph (2)(c).

17         (4)  An advanced registered nurse practitioner who is a

18  certified registered nurse anesthetist under s. 464.012 need

19  not register under this section to provide anesthesia care in

20  accordance with s. 464.012(4)(a).

21         (5)  An advanced registered nurse practitioner who

22  registers to prescribe controlled substances may not prescribe

23  controlled substances for his or her personal use or for use

24  by his or her immediate family.

25         (6)  The board may limit, suspend, or revoke an

26  advanced registered nurse practitioner's registration to

27  prescribe under this section, in accordance with s. 456.073.

28         (7)  The board may adopt rules necessary to administer

29  this section.

30         Section 2.  Subsection (19) of section 893.02, Florida

31  Statutes, is amended to read:

                                  4

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






    Florida Senate - 2003                                  SB 1736
    35-793-03




 1         893.02  Definitions.--The following words and phrases

 2  as used in this chapter shall have the following meanings,

 3  unless the context otherwise requires:

 4         (19)  "Practitioner" means a physician licensed

 5  pursuant to chapter 458, a dentist licensed pursuant to

 6  chapter 466, a veterinarian licensed pursuant to chapter 474,

 7  an osteopathic physician licensed pursuant to chapter 459, a

 8  naturopath licensed pursuant to chapter 462, or a podiatric

 9  physician licensed pursuant to chapter 461, or an advanced

10  registered nurse practitioner certified under s. 464.012 who

11  is registered to prescribe controlled substances under s.

12  464.0125 and who possesses a valid midlevel-practitioner

13  registration number issued by the United States Drug

14  Enforcement Administration, provided such practitioner holds a

15  valid federal controlled substance registry number.

16         Section 3.  This act shall take effect July 1, 2003.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Provides for the registration of advanced registered
      nurse practitioners to prescribe drugs. Provides
21    requirements for prescribing noncontrolled legend drugs
      and requirements for prescribing controlled substances.
22    Provides for fees. Prohibits the advanced registered
      nurse practitioner from prescribing controlled substances
23    for herself or himself or for his or her immediate
      family. Provides for the Board of Nursing to limit,
24    suspend, or revoke an advanced registered nurse
      practitioner's registration to prescribe drugs. Provides
25    for the board to make rules. Amends the definition of the
      term "practitioner" which is found in s. 893.02, F.S., to
26    include certain advanced registered nurse practitioners
      who are registered to prescribe controlled substances.
27  

28  

29  

30  

31  

                                  5

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