HB 0341 2003
1	A bill to be entitled
2	An act relating to advanced registered nurse
3	practitioners; creating s. 464.0125, F.S.; requiring
4	advanced registered nurse practitioners to register with
5	the Board of Nursing to prescribe medicinal drugs;
6	providing requirements for registration and renewal of
7	registration, including continuing education; providing
8	fees; prohibiting prescription of controlled substances
9	for personal use or the use of immediate family members;
10	providing for disciplinary actions; providing rulemaking
11	authority to the board; amending s. 893.02, F.S.; revising
12	the definition of "practitioner" under the "Florida
13	Comprehensive Drug Abuse Prevention and Control Act" to
14	conform; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1. Section 464.0125, Florida Statutes, is created
19	to read:
20	464.0125 Registration of advanced registered nurse
21	practitioners to prescribe medicinal drugs.--
22	(1) Any advanced registered nurse practitioner certified
23	pursuant to s. 464.012 must register with the board in
24	accordance with this section to prescribe medicinal drugs.
25	(2) To register to prescribe medicinal drugs that are not
26	controlled substances, an advanced registered nurse practitioner
27	must:
28	(a) Possess an active and unrestricted license and
29	advanced registered nurse practitioner certification.
30	(b)1. Possess an active and current certification by an
31	appropriate specialty board; or
32	2. Submit documentation to the board demonstrating that
33	the advanced registered nurse practitioner has been prescribing
34	medicinal drugs for a period of at least 12 months prior to
35	registration as a prescribing practitioner.
36	(c)1. Submit documentation to the board demonstrating that
37	the advanced registered nurse practitioner has completed at
38	least 16 contact hours of approved continuing education in
39	pharmacology during the past 2 years, in addition to the
40	continuing education required for licensure renewal; or
41	2. Submit documentation to the board demonstrating that
42	the advanced registered nurse practitioner has been prescribing
43	medicinal drugs for a period of at least 12 months prior to
44	registration as a prescribing practitioner.
45	(d) Submit a copy of the protocol between the advanced
46	registered nurse practitioner and supervising physician which
47	complies with board rules, identifies the categories of
48	medicinal drugs that the advanced registered nurse practitioner
49	is authorized to prescribe, and requires as an element of
50	general supervision that the advanced registered nurse
51	practitioner meet with the supervising physician at least once
52	every 3 months to review and discuss patient care, prescribed
53	treatments and medications, and care outcomes. The board may by
54	rule establish minimum requirements for this meeting. The
55	protocol must be filed with the initial application for
56	registration under this section, with the application for
57	renewal of license, and at any time there is a change in the
58	protocol or any party to the protocol. For purposes of this
59	section, the supervising physician must have a current and
60	unrestricted license to practice medicine pursuant to chapter
61	458 or osteopathic medicine pursuant to chapter 459, a primary
62	practice location in this state, and a current and unrestricted
63	Drug Enforcement Administration registration number.
64	(e) Agree to maintain adequate medical records pursuant to
65	board rule that include evidence of a patient history and
66	physical examination and at a minimum the following information
67	about each prescription for a medicinal drug:
68	1. Drug name and strength.
69	2. Dose.
70	3. Amount prescribed.
71	4. Directions for use.
72	5. Number of refills.
73	6. The signature of the prescribing practitioner.
74	(f) Submit a completed registration form and remit a fee
75	set by the board not to exceed $75.
76	(3) To register to prescribe controlled substances, an
77	advanced registered nurse practitioner must comply with all
78	requirements for registration to prescribe medicinal drugs that
79	are not controlled substances under subsection (2) and must:
80	(a) Possess a valid mid-level practitioner registration
81	issued by the federal Drug Enforcement Administration and 12
82	months' experience in prescribing controlled substances.
83	(b) Submit documentation to the board demonstrating that
84	the advanced registered nurse practitioner has completed an
85	approved course in legal and clinical aspects of prescribing
86	controlled substances of not less than 3 contact hours.
87	(c) Identify, as part of the protocol between the advanced
88	registered nurse practitioner and supervising physician, the
89	schedules of controlled substances that the advanced registered
90	nurse practitioner is authorized to prescribe.
91	(d) Complete at least 2 contact hours of approved
92	continuing education in the prescribing of controlled substances
93	during each 2-year licensure period, in addition to the
94	continuing education required for licensure renewal. This
95	continuing education may be part of the 16 hours of continuing
96	education required pursuant to subsection (4).
97	(4) To register or renew registration to prescribe
98	medicinal drugs, an advanced registered nurse practitioner must
99	complete at least 16 contact hours of approved continuing
100	education in pharmacology during each 2-year licensure period,
101	in addition to the continuing education required for licensure
102	renewal.
103	(5) The board shall provide by rule for biennial renewal
104	of registration and a renewal fee not to exceed $75.
105	(6) Advanced registered nurse practitioners who are
106	certified as certified registered nurse anesthetists pursuant to
107	s. 464.012 are not required to register under this section to
108	provide anesthesia care in accordance with s. 464.012(4)(a).
109	(7) An advanced registered nurse practitioner who
110	registers to prescribe controlled substances may not prescribe
111	controlled substances for personal use or use by any member of
112	the advanced registered nurse practitioner’s immediate family.
113	(8) The board may limit, suspend, or revoke an advanced
114	registered nurse practitioner’s registration to prescribe under
115	this section in accordance with the provisions of s. 456.073.
116	(9) The board may adopt rules pursuant to ss. 120.536(1)
117	and 120.54 to implement the provisions of this section.
118	Section 2. Subsection (19) of section 893.02, Florida
119	Statutes, is amended to read:
120	893.02 Definitions.--The following words and phrases as
121	used in this chapter shall have the following meanings, unless
122	the context otherwise requires:
123	(19) "Practitioner" means a physician licensed pursuant to
124	chapter 458, a dentist licensed pursuant to chapter 466, a
125	veterinarian licensed pursuant to chapter 474, an osteopathic
126	physician licensed pursuant to chapter 459, a naturopath
127	licensed pursuant to chapter 462, or a podiatric physician
128	licensed pursuant to chapter 461, provided such practitioner
129	holds a valid federal controlled substance registry number.
130	"Practitioner" includes an advanced registered nurse
131	practitioner certified pursuant to s. 464.012 who holds a valid
132	mid-level practitioner controlled substance registry number and
133	is registered to prescribe controlled substances pursuant to s.
134	464.0125.
135	Section 3. This act shall take effect July 1, 2003.
136