Senate Bill sb2716

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    Florida Senate - 2004                                  SB 2716

    By Senator Bennett





    34-1433-04

  1                      A bill to be entitled

  2         An act relating to pharmacy practice; amending

  3         s. 465.003, F.S.; revising the definition of

  4         the term "practice of the profession of

  5         pharmacy" to include the administering of

  6         immunizations by a pharmacist within the

  7         framework of an established protocol under a

  8         supervisory practitioner who is a licensed

  9         physician or by written agreement with a county

10         health department; requiring professional

11         liability insurance, training in immunization,

12         and employer approval prior to entering into a

13         protocol; providing an effective date.

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

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17         Section 1.  Subsection (13) of section 465.003, Florida

18  Statutes, is amended to read:

19         465.003  Definitions.--As used in this chapter, the

20  term:

21         (13)  "Practice of the profession of pharmacy" includes

22  compounding, dispensing, and consulting concerning contents,

23  therapeutic values, and uses of any medicinal drug; consulting

24  concerning therapeutic values and interactions of patent or

25  proprietary preparations, whether pursuant to prescriptions or

26  in the absence and entirely independent of such prescriptions

27  or orders; and other pharmaceutical services. For purposes of

28  this subsection, "other pharmaceutical services" means the

29  monitoring of the patient's drug therapy and assisting the

30  patient in the management of his or her drug therapy, and

31  includes review of the patient's drug therapy and

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    Florida Senate - 2004                                  SB 2716
    34-1433-04




 1  communication with the patient's prescribing health care

 2  provider as licensed under chapter 458, chapter 459, chapter

 3  461, or chapter 466, or similar statutory provision in another

 4  jurisdiction, or such provider's agent or such other persons

 5  as specifically authorized by the patient, regarding the drug

 6  therapy. However, nothing in this subsection may be

 7  interpreted to permit an alteration of a prescriber's

 8  directions, the diagnosis or treatment of any disease, the

 9  initiation of any drug therapy, the practice of medicine, or

10  the practice of osteopathic medicine, unless otherwise

11  permitted by law. "Practice of the profession of pharmacy"

12  also includes any other act, service, operation, research, or

13  transaction incidental to, or forming a part of, any of the

14  foregoing acts, requiring, involving, or employing the science

15  or art of any branch of the pharmaceutical profession, study,

16  or training, and shall expressly permit a pharmacist to

17  transmit information from persons authorized to prescribe

18  medicinal drugs to their patients. "Practice of the profession

19  of pharmacy" also includes the administering of immunizations

20  by a pharmacist within the framework of an established

21  protocol under a supervisory practitioner who is a physician

22  licensed under chapter 458 or chapter 459 or by written

23  agreement with a county health department. Each protocol must

24  contain specific procedures to address any unforeseen allergic

25  reaction to an immunization. A pharmacist may not enter into a

26  protocol unless he or she maintains at least $200,000 of

27  professional liability insurance and not until the pharmacist

28  has completed training in immunizations as required by the

29  board. The decision by a supervisory practitioner to enter

30  into such a protocol is a professional decision of the

31  practitioner, and no person may interfere with a supervisory

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    Florida Senate - 2004                                  SB 2716
    34-1433-04




 1  practitioner's decision as to whether to enter into such a

 2  protocol. A pharmacist may not enter into a protocol that is

 3  to be performed while acting as an employee without the

 4  written approval of the owner of the pharmacy.

 5         Section 2.  This act shall take effect July 1, 2004.

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 8                          SENATE SUMMARY

 9    Revises the definition of the term "practice of the
      profession of pharmacy" to include the administering of
10    immunizations by a pharmacist within the framework of an
      established protocol under a supervisory practitioner who
11    is a licensed physician or by written agreement with a
      county health department. Requires professional liability
12    insurance, training in immunization, and employer
      approval prior to entering into a protocol.
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