Senate Bill sb2022c1
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Florida Senate - 2007 CS for SB 2022
By the Committee on Health Regulation; and Senators Bennett
and Rich
588-2154-07
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 influenza
6 vaccines to adults by a pharmacist; creating s.
7 465.189, F.S.; authorizing pharmacists to
8 administer influenza vaccines within an
9 established protocol and under a supervisory
10 practitioner who is a licensed physician or by
11 written agreement with a county health
12 department; providing requirements for the
13 protocol; requiring training and certification
14 in the administration of influenza vaccination
15 and employer approval before entering into a
16 protocol; requiring a pharmacist to maintain
17 and make available patient records for a
18 certain time period; providing requirements for
19 the certification program; providing an
20 effective date.
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Subsection (13) of section 465.003, Florida
25 Statutes, is amended to read:
26 465.003 Definitions.--As used in this chapter, the
27 term:
28 (13) "Practice of the profession of pharmacy" includes
29 compounding, dispensing, and consulting concerning contents,
30 therapeutic values, and uses of any medicinal drug; consulting
31 concerning therapeutic values and interactions of patent or
1
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Florida Senate - 2007 CS for SB 2022
588-2154-07
1 proprietary preparations, whether pursuant to prescriptions or
2 in the absence and entirely independent of such prescriptions
3 or orders; and other pharmaceutical services. For purposes of
4 this subsection, "other pharmaceutical services" means the
5 monitoring of the patient's drug therapy and assisting the
6 patient in the management of his or her drug therapy, and
7 includes review of the patient's drug therapy and
8 communication with the patient's prescribing health care
9 provider as licensed under chapter 458, chapter 459, chapter
10 461, or chapter 466, or similar statutory provision in another
11 jurisdiction, or such provider's agent or such other persons
12 as specifically authorized by the patient, regarding the drug
13 therapy. However, nothing in this subsection may be
14 interpreted to permit an alteration of a prescriber's
15 directions, the diagnosis or treatment of any disease, the
16 initiation of any drug therapy, the practice of medicine, or
17 the practice of osteopathic medicine, unless otherwise
18 permitted by law. "Practice of the profession of pharmacy"
19 also includes any other act, service, operation, research, or
20 transaction incidental to, or forming a part of, any of the
21 foregoing acts, requiring, involving, or employing the science
22 or art of any branch of the pharmaceutical profession, study,
23 or training, and shall expressly permit a pharmacist to
24 transmit information from persons authorized to prescribe
25 medicinal drugs to their patients. "Practice of the profession
26 of pharmacy" also includes the administration to adults of
27 influenza vaccines under s. 465.189.
28 Section 2. Section 465.189, Florida Statutes, is
29 created to read:
30 465.189 Administration of influenza vaccines.--
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2
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Florida Senate - 2007 CS for SB 2022
588-2154-07
1 (1) Pharmacists may administer influenza vaccines to
2 adults within the framework of an established protocol under a
3 supervisory practitioner who is a physician licensed under
4 chapter 458 or chapter 459 or by written agreement with a
5 county health department. Each protocol shall contain specific
6 procedures for addressing any unforeseen allergic reaction to
7 an influenza vaccine.
8 (2) A pharmacist may not enter into a protocol until
9 the pharmacist has completed training in the administration of
10 influenza vaccines as provided in this section.
11 (3) A pharmacist administering an influenza vaccine
12 shall maintain and make available patient records using the
13 same standards for confidentiality and maintenance of such
14 records as those that are imposed on health care practitioners
15 under s. 456.057. These records shall be maintained for a
16 minimum of 5 years.
17 (4) The decision by a supervisory practitioner to
18 enter into a protocol under this section is a professional
19 decision of the practitioner, and a person may not interfere
20 with a supervisory practitioner's decision as to whether to
21 enter into such a protocol. A pharmacist may not enter into a
22 protocol that is to be performed while acting as an employee
23 without the written approval of the owner of the pharmacy.
24 (5) Any pharmacist seeking to vaccinate patients under
25 this section must be certified to administer influenza
26 vaccines pursuant to a certification program approved by the
27 Board of Pharmacy. The certification program shall, at a
28 minimum, require that a pharmacist attend at least 20 hours of
29 continuing education classes approved by the board. The
30 program must have a curriculum of instruction concerning the
31 safe and effective administration of influenza vaccines,
3
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Florida Senate - 2007 CS for SB 2022
588-2154-07
1 including, but not limited to, potential allergic reactions to
2 influenza vaccines.
3 (6) The pharmacist must submit to the Board of
4 Pharmacy a copy of the protocol or written agreement to
5 administer an influenza vaccine.
6 Section 3. This act shall take effect July 1, 2007.
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8 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
9 Senate Bill 2022
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11 The committee substitute limits the vaccinations that
pharmacists may administer to influenza vaccines.
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