HB 1557CS

CHAMBER ACTION




1The Health Care Regulation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to pharmacy practice; amending s. 465.003,
7F.S.; revising the term "practice of the profession of
8pharmacy" to include the administering of influenza virus
9immunizations to adults by a pharmacist within an
10established protocol under a supervisory practitioner who
11is a licensed physician or pursuant to a written agreement
12between the pharmacist and a county health department;
13providing requirements for the protocol; requiring
14professional liability insurance, training and
15certification in immunization, and employer approval prior
16to entering into a protocol; providing requirements for
17the certification program; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Subsection (13) of section 465.003, Florida
22Statutes, is amended to read:
23     465.003  Definitions.--As used in this chapter, the term:
24     (13)  "Practice of the profession of pharmacy" includes
25compounding, dispensing, and consulting concerning contents,
26therapeutic values, and uses of any medicinal drug; consulting
27concerning therapeutic values and interactions of patent or
28proprietary preparations, whether pursuant to prescriptions or
29in the absence and entirely independent of such prescriptions or
30orders; and other pharmaceutical services. For purposes of this
31subsection, "other pharmaceutical services" means the monitoring
32of the patient's drug therapy and assisting the patient in the
33management of his or her drug therapy, and includes review of
34the patient's drug therapy and communication with the patient's
35prescribing health care provider as licensed under chapter 458,
36chapter 459, chapter 461, or chapter 466, or similar statutory
37provision in another jurisdiction, or such provider's agent or
38such other persons as specifically authorized by the patient,
39regarding the drug therapy. However, nothing in this subsection
40may be interpreted to permit an alteration of a prescriber's
41directions, the diagnosis or treatment of any disease, the
42initiation of any drug therapy, the practice of medicine, or the
43practice of osteopathic medicine, unless otherwise permitted by
44law. "Practice of the profession of pharmacy" also includes any
45other act, service, operation, research, or transaction
46incidental to, or forming a part of, any of the foregoing acts,
47requiring, involving, or employing the science or art of any
48branch of the pharmaceutical profession, study, or training, and
49shall expressly permit a pharmacist to transmit information from
50persons authorized to prescribe medicinal drugs to their
51patients. "Practice of the profession of pharmacy" also includes
52the administering to adults of influenza virus immunizations by
53a pharmacist within the framework of an established protocol
54under a supervisory practitioner who is a physician licensed
55under chapter 458 or chapter 459 or pursuant to a written
56agreement between the pharmacist and a county health department.
57Each protocol must contain specific procedures to address any
58unforeseen allergic reaction to an immunization and must require
59that the patient has had a physical examination by his or her
60licensed primary physician within the 6 months preceding the
61date of immunization. A pharmacist may not enter into a protocol
62unless he or she maintains at least $200,000 of professional
63liability insurance and not until the pharmacist has completed
64training in immunizations as provided in this subsection. The
65decision by a supervisory practitioner to enter into such a
66protocol is a professional decision of the practitioner, and a
67person may not interfere with a supervisory practitioner's
68decision as to whether to enter into such a protocol. A
69pharmacist may not enter into a protocol that is to be performed
70while acting as an employee without the written approval of the
71owner of the pharmacy. Any pharmacist seeking to immunize
72patients under this subsection must be certified to administer
73immunizations pursuant to a certification program approved by
74the Board of Pharmacy upon consultation with the Board of
75Medicine. The certification program must, at a minimum, require
76that a pharmacist attend at least 20 hours of continuing
77education classes approved by the Board of Pharmacy. The program
78must have a curriculum of instruction concerning the safe and
79effective administration of immunizations, including, but not
80limited to, potential allergic reactions to immunizations.
81     Section 2.  This act shall take effect July 1, 2005.


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