Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for SB 1180, 1st Eng.
                        Barcode 181832
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  1/AD/3R        .                    
       05/03/2005 04:01 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Bennett moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 6, between lines 3 and 4,
15  
16  insert:  
17         Section 6.  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
                                  1
    9:48 AM   05/03/05                             s1180e1c-21-taa

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 1180, 1st Eng. Barcode 181832 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 to adults of 20 influenza virus immunizations by a pharmacist within the 21 framework of an established protocol under a supervisory 22 practitioner who is a physician licensed under chapter 458 or 23 chapter 459 or by written agreement with a county health 24 department. Each protocol must contain specific procedures to 25 address any unforeseen allergic reaction to an immunization. A 26 pharmacist may not enter into a protocol unless he or she 27 maintains at least $200,000 of professional liability 28 insurance and not until the pharmacist has completed training 29 in immunizations as provided in this subsection. A pharmacist 30 administering an influenza vaccine shall maintain and make 31 available patient records using the same standards for 2 9:48 AM 05/03/05 s1180e1c-21-taa
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 1180, 1st Eng. Barcode 181832 1 confidentiality and maintenance of such records as those that 2 are imposed on health care practitioners by s. 456.057. These 3 records must be maintained for a minimum of 5 years. The 4 decision by a supervisory practitioner to enter into such a 5 protocol is a professional decision of the practitioner, and a 6 person may not interfere with a supervisory practitioner's 7 decision as to whether to enter into such a protocol. A 8 pharmacist may not enter into a protocol that is to be 9 performed while acting as an employee without the written 10 approval of the owner of the pharmacy. Any pharmacist seeking 11 to immunize patients under this subsection must be certified 12 to administer immunizations pursuant to a certification 13 program approved by the Board of Pharmacy upon consultation 14 with the Board of Medicine. The certification program must, at 15 a minimum, require that a pharmacist attend at least 20 hours 16 of continuing education classes approved by the Board of 17 Pharmacy. The program must have a curriculum of instruction 18 concerning the safe and effective administration of 19 immunizations, including, but not limited to, potential 20 allergic reactions to immunizations. The certification to 21 perform inactivated influenza vaccinations shall include, but 22 need not be limited to, the following compliance criteria: 23 (a) Compliance with all provisions of s. 381.003 24 relating to communicable disease and AIDS prevention and 25 control; 26 (b) Compliance with all provisions of s. 381.0031 27 relating to reporting of diseases of public health 28 significance to the department; 29 (c) Compliance with all provisions of s. 381.0098 30 relating to biomedical waste; 31 (d) Compliance with all Occupational Safety and Health 3 9:48 AM 05/03/05 s1180e1c-21-taa
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 1180, 1st Eng. Barcode 181832 1 Administration standards for management, handling, and 2 disposal of sharps; and 3 (e) Completion of and compliance with the Centers for 4 Disease Control Influenza Update for the year in which 5 influenza vaccinations will be offered. 6 7 The pharmacist's certification must be obtained prior to 8 advertising to the public and administering inactivated 9 influenza vaccinations. The pharmacist shall submit to the 10 Board of Pharmacy a copy of the protocol or written agreement 11 to administer inactivated influenza vaccine. 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 On page 1, line 22, after the semicolon, 17 18 insert: 19 amending s. 465.003, F.S.; redefining the term 20 "practice of the profession of pharmacy" to 21 include the administering of influenza virus 22 immunizations to adults by a pharmacist within 23 an established protocol and under a supervisory 24 practitioner who is a licensed physician or by 25 written agreement with a county health 26 department; providing requirements for the 27 protocol; requiring professional liability 28 insurance, training and certification in 29 immunization, and employer approval before 30 entering into a protocol; requiring a 31 pharmacist to maintain and make available 4 9:48 AM 05/03/05 s1180e1c-21-taa
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for SB 1180, 1st Eng. Barcode 181832 1 patient records for a certain time period; 2 providing requirements for the certification 3 program; 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 9:48 AM 05/03/05 s1180e1c-21-taa