Senate Bill sb0570

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    Florida Senate - 2006                                   SB 570

    By Senator Bennett


  1                      A bill to be entitled

  2         An act relating to pharmacy practice; amending

  3         s. 465.003, F.S.; redefining the term "practice

  4         of the profession of pharmacy" to include the

  5         administering of influenza virus immunizations

  6         to adults by a pharmacist within an established

  7         protocol and under a supervisory practitioner

  8         who is a licensed physician or by written

  9         agreement with a county health department;

10         providing requirements for the protocol;

11         requiring professional liability insurance,

12         training and certification in immunization, and

13         employer approval before entering into a

14         protocol; requiring a pharmacist to maintain

15         and make available patient records for a

16         certain time period; providing requirements for

17         the certification program; providing an

18         effective date.


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


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

23  Statutes, is amended to read:

24         465.003  Definitions.--As used in this chapter, the

25  term:

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

27  compounding, dispensing, and consulting concerning contents,

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

29  concerning therapeutic values and interactions of patent or

30  proprietary preparations, whether pursuant to prescriptions or

31  in the absence and entirely independent of such prescriptions


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    Florida Senate - 2006                                   SB 570

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

 2  this subsection, "other pharmaceutical services" means the

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

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

 5  includes review of the patient's drug therapy and

 6  communication with the patient's prescribing health care

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

 8  461, or chapter 466, or similar statutory provision in another

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

10  as specifically authorized by the patient, regarding the drug

11  therapy. However, nothing in this subsection may be

12  interpreted to permit an alteration of a prescriber's

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

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

15  the practice of osteopathic medicine, unless otherwise

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

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

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

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

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

21  or training, and shall expressly permit a pharmacist to

22  transmit information from persons authorized to prescribe

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

24  of pharmacy" also includes the administering to adults of

25  influenza virus immunizations by a pharmacist within the

26  framework of an established protocol under a supervisory

27  practitioner who is a physician licensed under chapter 458 or

28  chapter 459 or by written agreement with a county health

29  department. Each protocol must contain specific procedures for

30  addressing any unforeseen allergic reaction to an

31  immunization. A pharmacist may not enter into a protocol


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    Florida Senate - 2006                                   SB 570

 1  unless he or she maintains at least $200,000 of professional

 2  liability insurance and not until the pharmacist has completed

 3  training in immunizations as provided in this subsection. A

 4  pharmacist administering an influenza vaccine shall maintain

 5  and make available patient records using the same standards

 6  for confidentiality and maintenance of such records as those

 7  that are imposed on health care practitioners under s.

 8  456.057. These records must be maintained for a minimum of 5

 9  years. The decision by a supervisory practitioner to enter

10  into such a protocol is a professional decision of the

11  practitioner, and a person may not interfere with a

12  supervisory practitioner's decision as to whether to enter

13  into such a protocol. A pharmacist may not enter into a

14  protocol that is to be performed while acting as an employee

15  without the written approval of the owner of the pharmacy. Any

16  pharmacist seeking to immunize patients under this subsection

17  must be certified to administer immunizations pursuant to a

18  certification program approved by the Board of Pharmacy upon

19  consultation with the Board of Medicine. The certification

20  program must, at a minimum, require that a pharmacist attend

21  at least 20 hours of continuing education classes approved by

22  the Board of Pharmacy. The program must have a curriculum of

23  instruction concerning the safe and effective administration

24  of immunizations, including, but not limited to, potential

25  allergic reactions to immunizations. The certification to

26  perform inactivated influenza vaccinations shall include, but

27  need not be limited to, the following compliance criteria:

28         (a)  Compliance with all provisions of s. 381.003

29  relating to communicable disease and AIDS prevention and

30  control;



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    Florida Senate - 2006                                   SB 570

 1         (b)  Compliance with all provisions of s. 381.0031

 2  relating to reporting of diseases of public health

 3  significance to the department;

 4         (c)  Compliance with all provisions of s. 381.0098

 5  relating to biomedical waste;

 6         (d)  Compliance with all standards of the Occupational

 7  Safety and Health Administration for management, handling, and

 8  disposal of sharps; and

 9         (e)  Completion of and compliance with the Centers for

10  Disease Control Influenza Update for the year in which

11  influenza vaccinations will be offered.


13  The pharmacist's certification must be obtained before

14  advertising to the public and administering inactivated

15  influenza vaccinations. The pharmacist shall submit to the

16  Board of Pharmacy a copy of the protocol or written agreement

17  to administer inactivated influenza vaccine.

18         Section 2.  This act shall take effect July 1, 2006.


20            *****************************************

21                          SENATE SUMMARY

22    Provides for a pharmacist to administer the influenza
      virus immunization to adults under an established
23    protocol with a licensed physician or the county health
      department. Provides requirements for liability insurance
24    and training. Requires that the Board of Pharmacy
      establish a certification program for pharmacists seeking
25    to administer immunizations. Provides recordkeeping







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