Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2022
                        Barcode 350622
                            CHAMBER ACTION
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11  The Committee on Judiciary (Saunders) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (13) of section 465.003, Florida
19  Statutes, is amended to read:
20         465.003  Definitions.--As used in this chapter, the
21  term:
22         (13)  "Practice of the profession of pharmacy" includes
23  compounding, dispensing, and consulting concerning contents,
24  therapeutic values, and uses of any medicinal drug; consulting
25  concerning therapeutic values and interactions of patent or
26  proprietary preparations, whether pursuant to prescriptions or
27  in the absence and entirely independent of such prescriptions
28  or orders; and other pharmaceutical services. For purposes of
29  this subsection, "other pharmaceutical services" means the
30  monitoring of the patient's drug therapy and assisting the
31  patient in the management of his or her drug therapy, and
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2022
                        Barcode 350622
 1  includes review of the patient's drug therapy and
 2  communication with the patient's prescribing health care
 3  provider as licensed under chapter 458, chapter 459, chapter
 4  461, or chapter 466, or similar statutory provision in another
 5  jurisdiction, or such provider's agent or such other persons
 6  as specifically authorized by the patient, regarding the drug
 7  therapy. However, nothing in this subsection may be
 8  interpreted to permit an alteration of a prescriber's
 9  directions, the diagnosis or treatment of any disease, the
10  initiation of any drug therapy, the practice of medicine, or
11  the practice of osteopathic medicine, unless otherwise
12  permitted by law. "Practice of the profession of pharmacy"
13  also includes any other act, service, operation, research, or
14  transaction incidental to, or forming a part of, any of the
15  foregoing acts, requiring, involving, or employing the science
16  or art of any branch of the pharmaceutical profession, study,
17  or training, and shall expressly permit a pharmacist to
18  transmit information from persons authorized to prescribe
19  medicinal drugs to their patients. The practice of the
20  profession of pharmacy also includes the administration of
21  influenza virus immunizations to adults pursuant to s.
22  465.189.
23         Section 2.  Section 465.189, Florida Statutes, is
24  created to read:
25         465.189  Administration of influenza virus
26  immunizations.--
27         (1)  Pharmacists may administer influenza virus
28  immunizations to adults within the framework of an established
29  protocol under a supervisory practitioner who is a physician
30  licensed under chapter 458 or chapter 459 or by written
31  agreement with a county health department. Each protocol shall
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2022
                        Barcode 350622
 1  contain specific procedures for addressing any unforeseen
 2  allergic reaction to influenza virus immunizations.
 3         (2)  A pharmacist may not enter into a protocol unless
 4  he or she maintains at least $200,000 of professional
 5  liability insurance and has completed training in influenza
 6  virus immunizations as provided in this section.
 7         (3)  A pharmacist administering influenza virus
 8  immunizations shall maintain and make available patient
 9  records using the same standards for confidentiality and
10  maintenance of such records as those that are imposed on
11  health care practitioners under s. 456.057. These records
12  shall be maintained for a minimum of 5 years.
13         (4)  The decision by a supervisory practitioner to
14  enter into a protocol under this section is a professional
15  decision on the part of the practitioner and a person may not
16  interfere with a supervisory practitioner's decision as to
17  entering into such a protocol. A pharmacist may not enter into
18  a protocol that is to be performed while acting as an employee
19  without the written approval of the owner of the pharmacy.
20  Pharmacists shall forward immunization records to the
21  department for inclusion in the state registry of immunization
22  information.
23         (5)  Any pharmacist seeking to administer influenza
24  virus immunizations to adults under this section must be
25  certified to administer influenza virus immunizations pursuant
26  to a certification program approved by the Board of Pharmacy.
27  The certification program shall, at a minimum, require that
28  the pharmacist attend at least 20 hours of continuing
29  education classes approved by the board. The program shall
30  have a curriculum of instruction concerning the safe and
31  effective administration of influenza virus immunizations,
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2022
                        Barcode 350622
 1  including, but not limited to, potential allergic reactions to
 2  influenza virus immunizations.
 3         (6)  The pharmacist shall submit to the Board of
 4  Pharmacy a copy of his or her protocol or written agreement to
 5  administer influenza virus immunizations.
 6         Section 3.  Task Force for the Study of Biotech
 7  Competitiveness.--
 8         (1)  INTENT.--
 9         (a)  The Legislature finds that an estimated 20
10  diseases can be cured through immunizations and that
11  immunizations provided early in a child's life, and as
12  scheduled during adolescence and adulthood, provide a strong
13  foundation of disease prevention and overall health. The
14  Legislature further finds that every dollar spent on
15  immunization saves an average $10 in future disease-related
16  health care costs. The Legislature recognizes that
17  immunization education and disease-awareness programs lead to
18  improved vaccine usage and better health outcomes. The
19  Legislature further acknowledges that rapid immunization
20  distribution is an important factor in managing the
21  containment of diseases under normal circumstances and is of
22  vital importance during mass outbreaks of diseases or natural
23  disasters. The Legislature further recognizes that the threat
24  of a bioterrorism, pandemic influenza, or other disaster of
25  widespread proportion exists in our world today and that
26  access to vaccines and health care services are essential
27  combatants against these threats.
28         (b)  The Legislature finds that immunization
29  manufacturing and distribution is enhanced by siting vaccine
30  manufacturing corporations in this state. The Legislature
31  recognizes that the state's efforts through existing biotech
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2022
                        Barcode 350622
 1  research funded through various state research programs,
 2  including the James and Esther King Biomedical Research
 3  Program, the William G. "Bill" Bankhead, Jr., and David Coley
 4  Cancer Research Program, the Johnnie B. Byrd Senior
 5  Alzheimer's Center and Research Institute, the Scripps Florida
 6  Funding Corporation, and the High Impact Performance Incentive
 7  grants, which are directed toward developing and expanding the
 8  state's biotech industry result in the expansion of biotech
 9  research capacity and create biotech manufacturing and
10  distribution jobs in Florida. The Legislature further finds
11  that current and future collaboration among the state's
12  university researchers and private and public research efforts
13  creates a robust opportunity to encourage biotech research,
14  manufacturing, and the distribution of vaccines.
15         (c)  It is the intent of the Legislature that this
16  state strive to become the nation's leader in immunizations
17  and commit itself to encouraging companies to locate to
18  Florida to help achieve this goal. Moreover, it is the intent
19  of the Legislature to expand the state's economy by attracting
20  biotech manufacturing companies to Florida.
21         (2)  ESTABLISHMENT OF TASK FORCE.--There is created
22  within the Governor's Office of Tourism, Trade, and Economic
23  Development the Task Force on the Study of Biotech
24  Competitiveness. The staff shall provide support for the task
25  force using internal staff or through a contracted consultant.
26         (3)  MEMBERSHIP.--
27         (a)  The task force shall consist of 17 members
28  appointed as follows:
29         1.  The Governor shall appoint seven members: one
30  member from the Governor's Office of Tourism, Trade, and
31  Economic Development; the Secretary or Surgeon General of the
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2022
                        Barcode 350622
 1  Department of Health or her designee; one member from the
 2  Department of Education having expertise in workforce
 3  education; one member from the Agency for Workforce Innovation
 4  having expertise in workforce readiness; one member from the
 5  Florida Research Consortium having training and experience in
 6  technology transfer; one member representing the Medical
 7  Device Manufacturing Association; and one member from
 8  Enterprise Florida, Inc.
 9         2.  The Senate President shall appoint five members:
10  one member representing the Torrey Pines Research Institute;
11  one member representing the Burnham Research Institute; one
12  member representing an established biotech company that has
13  sited a manufacturing or distribution facility outside Florida
14  in the last 12 months; one member who is a site-selection
15  consultant who has worked with biotech companies in the
16  sighting of manufacturing and distribution facilities in
17  states outside Florida; and one member representing the
18  Florida Public Health Foundation, Inc.
19         3.  The Speaker of the House of Representatives shall
20  appoint five members: one member representing the Scripps
21  Research Institute; one member representing BioFlorida; one
22  member representing the water management districts; one member
23  representing a local economic development authority; and one
24  member representing the Board of Governors of the State
25  University System.
26         (b)  In making these appointments the Governor, the
27  President of the Senate, and the Speaker of the House of
28  Representatives shall select members who reflect the diversity
29  of the state's population. One member shall be designated by
30  the Governor as chair of the task force.
31         (c)  Members of the task force shall serve without
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2022
                        Barcode 350622
 1  compensation, but are entitled to reimbursement as provided in
 2  s. 112.061, Florida Statutes, for travel and other necessary
 3  expenses incurred in the performance of their official duties.
 4         (4)  PURPOSE.--
 5         (a)  The task force shall study economic policies
 6  necessary for making Florida competitive with other states in
 7  attracting and retaining a biotech manufacturing and
 8  distribution workforce. The study shall include, but not be
 9  limited to, the following review and analysis:
10         1.  The state's corporate taxation system and its
11  effect on attracting biotech manufacturing and distribution
12  facilities to the state. This review includes, but is not be
13  limited to, implementing a single sales-factor formula to
14  apportion the corporate income of biotech businesses for tax
15  purposes;
16         2.  The state's water policies and their effect on
17  meeting the water needs of the biotech manufacturing process;
18         3.  The state's education and workforce training
19  programs and workforce preparedness for employment in the
20  biotech manufacturing and distribution fields;
21         4.  The state's Medicaid program, state employee health
22  plans, and private health insurance policies and regulations
23  and the extent to which they provide support for products
24  generated by biotech companies; and
25         5.  Other states' initiatives that have had success in
26  attracting and retaining biotech manufacturing and
27  distribution facilities and an evaluation of Florida's
28  readiness to compete with other states.
29         (b)  The study shall provide recommendations concerning
30  maximizing federal revenues to the state.
31         (c)  The study shall provide recommendations concerning
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2022
                        Barcode 350622
 1  how this state's existing policies and programs can be
 2  modified to ensure competitiveness when evaluated by companies
 3  making siting decisions related to biotech manufacturing and
 4  distribution facilities.
 5         (5)  REPORT.--The task force shall report the findings
 6  of the study to the Governor, the President of the Senate, and
 7  the Speaker of the House of Representatives by January 1,
 8  2009.
 9         (6)  EXPIRATION.--The task force is dissolved June 30,
10  2009.
11         Section 4.  This act shall take effect July 1, 2007.
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         Delete everything before the enacting clause
17  
18  and insert:  
19                      A bill to be entitled
20         An act relating to immunization services;
21         amending s. 465.003, F.S.; revising a
22         definition relating to the practice of
23         pharmacists; creating s. 465.189, F.S.;
24         authorizing pharmacists to administer influenza
25         virus immunizations to adults; providing
26         requirements with respect thereto; creating the
27         Task Force for the Study of Biotech
28         Competitiveness; providing for staff support by
29         the Governor's Office of Tourism, Trade, and
30         Economic Development; providing for appointment
31         of members; requiring a study; requiring a
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2022
                        Barcode 350622
 1         report; providing for expiration of the task
 2         force; providing an effective date.
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