Senate Bill sb2022

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    Florida Senate - 2003                                  SB 2022

    By Senator Clary





    4-1117-03

  1                      A bill to be entitled

  2         An act relating to physician assistants;

  3         amending ss. 458.347 and 459.022, F.S.;

  4         revising continuing medical education

  5         requirements regarding the prescribing of

  6         controlled substances by physician assistants;

  7         deleting prohibitions against the prescribing

  8         of controlled substances by physician

  9         assistants; amending s. 893.02, F.S.; revising

10         the definition of the term "practitioner" for

11         purposes of the Florida Comprehensive Drug

12         Abuse Prevention and Control Act to include

13         physician assistant; providing an effective

14         date.

15  

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

17  

18         Section 1.  Subsection (4) of section 458.347, Florida

19  Statutes, is amended to read:

20         458.347  Physician assistants.--

21         (4)  PERFORMANCE OF PHYSICIAN ASSISTANTS.--

22         (a)  The boards shall adopt, by rule, the general

23  principles that supervising physicians must use in developing

24  the scope of practice of a physician assistant under direct

25  supervision and under indirect supervision. These principles

26  shall recognize the diversity of both specialty and practice

27  settings in which physician assistants are used.

28         (b)  This chapter does not prevent third-party payors

29  from reimbursing employers of physician assistants for covered

30  services rendered by licensed physician assistants.

31  

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    Florida Senate - 2003                                  SB 2022
    4-1117-03




 1         (c)  Licensed physician assistants may not be denied

 2  clinical hospital privileges, except for cause, so long as the

 3  supervising physician is a staff member in good standing.

 4         (d)  A supervisory physician may delegate to a licensed

 5  physician assistant, pursuant to a written protocol, the

 6  authority to act according to s. 154.04(1)(c).  Such delegated

 7  authority is limited to the supervising physician's practice

 8  in connection with a county health department as defined and

 9  established pursuant to chapter 154.  The boards shall adopt

10  rules governing the supervision of physician assistants by

11  physicians in county health departments.

12         (e)  A supervisory physician may delegate to a fully

13  licensed physician assistant the authority to prescribe any

14  medication used in the supervisory physician's practice unless

15  such medication is listed on the formulary created pursuant to

16  paragraph (f). A fully licensed physician assistant may only

17  prescribe such medication under the following circumstances:

18         1.  A physician assistant must clearly identify to the

19  patient that he or she is a physician assistant. Furthermore,

20  the physician assistant must inform the patient that the

21  patient has the right to see the physician prior to any

22  prescription being prescribed by the physician assistant.

23         2.  The supervisory physician must notify the

24  department of his or her intent to delegate, on a

25  department-approved form, before delegating such authority and

26  notify the department of any change in prescriptive privileges

27  of the physician assistant.

28         3.  The physician assistant must file with the

29  department, before commencing to prescribe, evidence that he

30  or she has completed a continuing medical education course of

31  at least 5 3 classroom hours in prescriptive practice,

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    Florida Senate - 2003                                  SB 2022
    4-1117-03




 1  conducted by an accredited program approved by the boards,

 2  which course covers the limitations, responsibilities, and

 3  privileges involved in prescribing medicinal drugs and the

 4  clinical and legal aspects of prescribing controlled

 5  substances, or evidence that he or she has received education

 6  comparable to the continuing education course as part of an

 7  accredited physician assistant training program.

 8         4.  The physician assistant must file with the

 9  department, before commencing to prescribe, evidence that the

10  physician assistant has a minimum of 3 months of clinical

11  experience in the specialty area of the supervising physician.

12         5.  The physician assistant must file with the

13  department a signed affidavit that he or she has completed a

14  minimum of 10 continuing medical education hours in the

15  specialty practice in which the physician assistant has

16  prescriptive privileges and 2 hours in the clinical and legal

17  aspects of prescribing controlled substances with each

18  licensure renewal application.

19         6.  The department shall issue a license and a

20  prescriber number to the physician assistant granting

21  authority for the prescribing of medicinal drugs authorized

22  within this paragraph upon completion of the foregoing

23  requirements.

24         7.  The prescription must be written in a form that

25  complies with chapter 499 and must contain, in addition to the

26  supervisory physician's name, address, and telephone number,

27  the physician assistant's prescriber number. Unless it is a

28  drug sample dispensed by the physician assistant, the

29  prescription must be filled in a pharmacy permitted under

30  chapter 465 and must be dispensed in that pharmacy by a

31  pharmacist licensed under chapter 465. The appearance of the

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    Florida Senate - 2003                                  SB 2022
    4-1117-03




 1  prescriber number creates a presumption that the physician

 2  assistant is authorized to prescribe the medicinal drug and

 3  the prescription is valid.

 4         8.  The physician assistant must note the prescription

 5  in the appropriate medical record, and the supervisory

 6  physician must review and sign each notation. For dispensing

 7  purposes only, the failure of the supervisory physician to

 8  comply with these requirements does not affect the validity of

 9  the prescription.

10         9.  This paragraph does not prohibit a supervisory

11  physician from delegating to a physician assistant the

12  authority to order medication for a hospitalized patient of

13  the supervisory physician.

14  

15  This paragraph does not apply to facilities licensed pursuant

16  to chapter 395.

17         (f)1.  The council shall establish a formulary of

18  medicinal drugs that a fully licensed physician assistant,

19  licensed under this section or s. 459.022, may not prescribe.

20  The formulary must include controlled substances as defined in

21  chapter 893, antipsychotics, general anesthetics and

22  radiographic contrast materials, and all parenteral

23  preparations except insulin and epinephrine.

24         2.  In establishing the formulary, the council shall

25  consult with a pharmacist licensed under chapter 465, but not

26  licensed under this chapter or chapter 459, who shall be

27  selected by the Secretary of Health.

28         3.  Only the council shall add to, delete from, or

29  modify the formulary. Any person who requests an addition,

30  deletion, or modification of a medicinal drug listed on such

31  

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    Florida Senate - 2003                                  SB 2022
    4-1117-03




 1  formulary has the burden of proof to show cause why such

 2  addition, deletion, or modification should be made.

 3         4.  The boards shall adopt the formulary required by

 4  this paragraph, and each addition, deletion, or modification

 5  to the formulary, by rule. Notwithstanding any provision of

 6  chapter 120 to the contrary, the formulary rule shall be

 7  effective 60 days after the date it is filed with the

 8  Secretary of State. Upon adoption of the formulary, the

 9  department shall mail a copy of such formulary to each fully

10  licensed physician assistant, licensed under this section or

11  s. 459.022, and to each pharmacy licensed by the state. The

12  boards shall establish, by rule, a fee not to exceed $200 to

13  fund the provisions of this paragraph and paragraph (e).

14         Section 2.  Subsection (4) of section 459.022, Florida

15  Statutes, is amended to read:

16         459.022  Physician assistants.--

17         (4)  PERFORMANCE OF PHYSICIAN ASSISTANTS.--

18         (a)  The boards shall adopt, by rule, the general

19  principles that supervising physicians must use in developing

20  the scope of practice of a physician assistant under direct

21  supervision and under indirect supervision. These principles

22  shall recognize the diversity of both specialty and practice

23  settings in which physician assistants are used.

24         (b)  This chapter does not prevent third-party payors

25  from reimbursing employers of physician assistants for covered

26  services rendered by licensed physician assistants.

27         (c)  Licensed physician assistants may not be denied

28  clinical hospital privileges, except for cause, so long as the

29  supervising physician is a staff member in good standing.

30         (d)  A supervisory physician may delegate to a licensed

31  physician assistant, pursuant to a written protocol, the

                                  5

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    Florida Senate - 2003                                  SB 2022
    4-1117-03




 1  authority to act according to s. 154.04(1)(c).  Such delegated

 2  authority is limited to the supervising physician's practice

 3  in connection with a county health department as defined and

 4  established pursuant to chapter 154.  The boards shall adopt

 5  rules governing the supervision of physician assistants by

 6  physicians in county health departments.

 7         (e)  A supervisory physician may delegate to a fully

 8  licensed physician assistant the authority to prescribe any

 9  medication used in the supervisory physician's practice unless

10  such medication is listed on the formulary created pursuant to

11  s. 458.347.  A fully licensed physician assistant may only

12  prescribe such medication under the following circumstances:

13         1.  A physician assistant must clearly identify to the

14  patient that she or he is a physician assistant. Furthermore,

15  the physician assistant must inform the patient that the

16  patient has the right to see the physician prior to any

17  prescription being prescribed by the physician assistant.

18         2.  The supervisory physician must notify the

19  department of her or his intent to delegate, on a

20  department-approved form, before delegating such authority and

21  notify the department of any change in prescriptive privileges

22  of the physician assistant.

23         3.  The physician assistant must file with the

24  department, before commencing to prescribe, evidence that she

25  or he has completed a continuing medical education course of

26  at least 5 3 classroom hours in prescriptive practice,

27  conducted by an accredited program approved by the boards,

28  which course covers the limitations, responsibilities, and

29  privileges involved in prescribing medicinal drugs and the

30  clinical and legal aspects of prescribing controlled

31  substances, or evidence that she or he has received education

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    Florida Senate - 2003                                  SB 2022
    4-1117-03




 1  comparable to the continuing education course as part of an

 2  accredited physician assistant training program.

 3         4.  The physician assistant must file with the

 4  department, before commencing to prescribe, evidence that the

 5  physician assistant has a minimum of 3 months of clinical

 6  experience in the specialty area of the supervising physician.

 7         5.  The physician assistant must file with the

 8  department a signed affidavit that she or he has completed a

 9  minimum of 10 continuing medical education hours in the

10  specialty practice in which the physician assistant has

11  prescriptive privileges and 2 hours in the clinical and legal

12  aspects of prescribing controlled substances with each

13  licensure renewal application.

14         6.  The department shall issue a license and a

15  prescriber number to the physician assistant granting

16  authority for the prescribing of medicinal drugs authorized

17  within this paragraph upon completion of the foregoing

18  requirements.

19         7.  The prescription must be written in a form that

20  complies with chapter 499 and must contain, in addition to the

21  supervisory physician's name, address, and telephone number,

22  the physician assistant's prescriber number. Unless it is a

23  drug sample dispensed by the physician assistant, the

24  prescription must be filled in a pharmacy permitted under

25  chapter 465, and must be dispensed in that pharmacy by a

26  pharmacist licensed under chapter 465. The appearance of the

27  prescriber number creates a presumption that the physician

28  assistant is authorized to prescribe the medicinal drug and

29  the prescription is valid.

30         8.  The physician assistant must note the prescription

31  in the appropriate medical record, and the supervisory

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    Florida Senate - 2003                                  SB 2022
    4-1117-03




 1  physician must review and sign each notation.  For dispensing

 2  purposes only, the failure of the supervisory physician to

 3  comply with these requirements does not affect the validity of

 4  the prescription.

 5         9.  This paragraph does not prohibit a supervisory

 6  physician from delegating to a physician assistant the

 7  authority to order medication for a hospitalized patient of

 8  the supervisory physician.

 9  

10  This paragraph does not apply to facilities licensed pursuant

11  to chapter 395.

12         Section 3.  Subsection (19) of section 893.02, Florida

13  Statutes, is amended to read:

14         893.02  Definitions.--The following words and phrases

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

16  unless the context otherwise requires:

17         (19)  "Practitioner" means a physician or physician

18  assistant licensed pursuant to chapter 458, a dentist licensed

19  pursuant to chapter 466, a veterinarian licensed pursuant to

20  chapter 474, an osteopathic physician or physician assistant

21  licensed pursuant to chapter 459, a naturopath licensed

22  pursuant to chapter 462, or a podiatric physician licensed

23  pursuant to chapter 461, provided such practitioner holds a

24  valid federal controlled substance registry number.

25         Section 4.  This act shall take effect July 1, 2003.

26  

27            *****************************************

28                          SENATE SUMMARY

29    Revises provisions to allow physician assistants to
      prescribe controlled substances. Revises a definition to
30    conform. Revises continuing medical education
      requirements to include education in the prescribing of
31    controlled substances.

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