Senate Bill sb2022
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Florida Senate - 2007 SB 2022
By Senator Bennett
21-1508-07
1 A bill to be entitled
2 An act relating to immunization services;
3 amending s. 465.003, F.S.; redefining the term
4 "practice of the profession of pharmacy" to
5 include the administration of vaccines to
6 adults by a pharmacist; creating s. 465.189,
7 F.S.; authorizing pharmacists to administer
8 vaccines within an established protocol and
9 under a supervisory practitioner who is a
10 licensed physician or by written agreement with
11 a county health department; providing
12 requirements for the protocol; requiring
13 training and certification in vaccination and
14 employer approval before entering into a
15 protocol; requiring a pharmacist to maintain
16 and make available patient records for a
17 certain time period; providing requirements for
18 the certification program; providing an
19 effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Subsection (13) of section 465.003, Florida
24 Statutes, is amended to read:
25 465.003 Definitions.--As used in this chapter, the
26 term:
27 (13) "Practice of the profession of pharmacy" includes
28 compounding, dispensing, and consulting concerning contents,
29 therapeutic values, and uses of any medicinal drug; consulting
30 concerning therapeutic values and interactions of patent or
31 proprietary preparations, whether pursuant to prescriptions or
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Florida Senate - 2007 SB 2022
21-1508-07
1 in the absence and entirely independent of such prescriptions
2 or orders; and other pharmaceutical services. For purposes of
3 this subsection, "other pharmaceutical services" means the
4 monitoring of the patient's drug therapy and assisting the
5 patient in the management of his or her drug therapy, and
6 includes review of the patient's drug therapy and
7 communication with the patient's prescribing health care
8 provider as licensed under chapter 458, chapter 459, chapter
9 461, or chapter 466, or similar statutory provision in another
10 jurisdiction, or such provider's agent or such other persons
11 as specifically authorized by the patient, regarding the drug
12 therapy. However, nothing in this subsection may be
13 interpreted to permit an alteration of a prescriber's
14 directions, the diagnosis or treatment of any disease, the
15 initiation of any drug therapy, the practice of medicine, or
16 the practice of osteopathic medicine, unless otherwise
17 permitted by law. "Practice of the profession of pharmacy"
18 also includes any other act, service, operation, research, or
19 transaction incidental to, or forming a part of, any of the
20 foregoing acts, requiring, involving, or employing the science
21 or art of any branch of the pharmaceutical profession, study,
22 or training, and shall expressly permit a pharmacist to
23 transmit information from persons authorized to prescribe
24 medicinal drugs to their patients. "Practice of the profession
25 of pharmacy" also includes the administration to adults of
26 vaccines under s. 468.189.
27 Section 2. Section 465.189, Florida Statutes, is
28 created to read:
29 465.189 Administration of vaccines.--
30 (1) Pharmacists may administer vaccines to adults
31 within the framework of an established protocol under a
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Florida Senate - 2007 SB 2022
21-1508-07
1 supervisory practitioner who is a physician licensed under
2 chapter 458 or chapter 459 or by written agreement with a
3 county health department. Each protocol shall contain specific
4 procedures for addressing any unforeseen allergic reaction to
5 a vaccine.
6 (2) A pharmacist may not enter into a protocol until
7 the pharmacist has completed training in vaccines as provided
8 in this section.
9 (3) A pharmacist administering a vaccine shall
10 maintain and make available patient records using the same
11 standards for confidentiality and maintenance of such records
12 as those that are imposed on health care practitioners under
13 s. 456.057. These records shall be maintained for a minimum of
14 5 years.
15 (4) The decision by a supervisory practitioner to
16 enter into a protocol under this section is a professional
17 decision of the practitioner, and a person may not interfere
18 with a supervisory practitioner's decision as to whether to
19 enter into such a protocol. A pharmacist may not enter into a
20 protocol that is to be performed while acting as an employee
21 without the written approval of the owner of the pharmacy.
22 (5) Any pharmacist seeking to vaccinate patients under
23 this section must be certified to administer vaccines pursuant
24 to a certification program approved by the Board of Pharmacy.
25 The certification program shall, at a minimum, require that a
26 pharmacist attend at least 20 hours of continuing education
27 classes approved by the board. The program must have a
28 curriculum of instruction concerning the safe and effective
29 administration of vaccines, including, but not limited to,
30 potential allergic reactions to vaccines.
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Florida Senate - 2007 SB 2022
21-1508-07
1 (6) The pharmacist must submit to the Board of
2 Pharmacy a copy of the protocol or written agreement to
3 administer a vaccine.
4 Section 3. This act shall take effect July 1, 2007.
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7 SENATE SUMMARY
8 Redefines the term "practice of the profession of
pharmacy" to include the administration of vaccines to
9 adults by a pharmacist. Authorizes pharmacists to
administer vaccines within an established protocol and
10 under a supervisory practitioner who is a licensed
physician or by written agreement with a county health
11 department. Provides requirements for the protocol.
Requires training and certification in vaccination and
12 employer approval before entering into a protocol.
Requires a pharmacist to maintain and make available
13 patient records for a certain period. Provides
requirements for the certification program.
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