Senate Bill sb2022e1

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    CS for CS for SB 2022                    First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to immunization services;

  3         providing a short title; amending s. 465.003,

  4         F.S.; revising a definition relating to the

  5         practice of pharmacists; creating s. 465.189,

  6         F.S.; authorizing pharmacists to administer

  7         influenza virus immunizations to adults;

  8         providing requirements with respect thereto;

  9         requiring that the protocol between a

10         pharmacist and supervising physician contain

11         certain information, terms, and conditions;

12         requiring that pharmacists authorized to

13         administer influenza virus immunizations

14         provide evidence of current certification by

15         the Centers for Disease Control of the United

16         States Department of Health to the supervising

17         physician; requiring supervising physicians to

18         review certain information in accordance with

19         the written protocol; creating the Task Force

20         for the Study of Biotech Competitiveness;

21         providing for staff support by the Governor's

22         Office of Tourism, Trade, and Economic

23         Development; providing for appointment of

24         members; requiring a study; requiring a report;

25         providing for expiration of the task force;

26         providing an effective date.

27  

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

29  

30         Section 1.  This act may be cited as the "Pharmacist

31  Kevin Coit Memorial Act."


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    CS for CS for SB 2022                    First Engrossed (ntc)



 1         Section 2.  Subsection (13) of section 465.003, Florida

 2  Statutes, is amended to read:

 3         465.003  Definitions.--As used in this chapter, the

 4  term:

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

 6  compounding, dispensing, and consulting concerning contents,

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

 8  concerning therapeutic values and interactions of patent or

 9  proprietary preparations, whether pursuant to prescriptions or

10  in the absence and entirely independent of such prescriptions

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

12  this subsection, "other pharmaceutical services" means the

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

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

15  includes review of the patient's drug therapy and

16  communication with the patient's prescribing health care

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

18  461, or chapter 466, or similar statutory provision in another

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

20  as specifically authorized by the patient, regarding the drug

21  therapy. However, nothing in this subsection may be

22  interpreted to permit an alteration of a prescriber's

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

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

25  the practice of osteopathic medicine, unless otherwise

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

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

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

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

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

31  or training, and shall expressly permit a pharmacist to


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    CS for CS for SB 2022                    First Engrossed (ntc)



 1  transmit information from persons authorized to prescribe

 2  medicinal drugs to their patients. The practice of the

 3  profession of pharmacy also includes the administration of

 4  influenza virus immunizations to adults pursuant to s.

 5  465.189.

 6         Section 3.  Section 465.189, Florida Statutes, is

 7  created to read:

 8         465.189  Administration of influenza virus

 9  immunizations.--

10         (1)  Pharmacists may administer influenza virus

11  immunizations to adults within the framework of an established

12  protocol under a supervisory practitioner who is a physician

13  licensed under chapter 458 or chapter 459. Each protocol shall

14  contain specific procedures for addressing any unforeseen

15  allergic reaction to influenza virus immunizations.

16         (2)  A pharmacist may not enter into a protocol unless

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

18  liability insurance and has completed training in influenza

19  virus immunizations as provided in this section.

20         (3)  A pharmacist administering influenza virus

21  immunizations shall maintain and make available patient

22  records using the same standards for confidentiality and

23  maintenance of such records as those that are imposed on

24  health care practitioners under s. 456.057. These records

25  shall be maintained for a minimum of 5 years.

26         (4)  The decision by a supervisory practitioner to

27  enter into a protocol under this section is a professional

28  decision on the part of the practitioner and a person may not

29  interfere with a supervisory practitioner's decision as to

30  entering into such a protocol. A pharmacist may not enter into

31  a protocol that is to be performed while acting as an employee


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    CS for CS for SB 2022                    First Engrossed (ntc)



 1  without the written approval of the owner of the pharmacy.

 2  Pharmacists shall forward immunization records to the

 3  department for inclusion in the state registry of immunization

 4  information.

 5         (5)  Any pharmacist seeking to administer influenza

 6  virus immunizations to adults under this section must be

 7  certified to administer influenza virus immunizations pursuant

 8  to a certification program approved by the Board of Pharmacy

 9  in consultation with the Board of Medicine and the Board of

10  Osteopathic Medicine. The certification program shall, at a

11  minimum, require that the pharmacist attend at least 20 hours

12  of continuing education classes approved by the board. The

13  program shall have a curriculum of instruction concerning the

14  safe and effective administration of influenza virus

15  immunizations, including, but not limited to, potential

16  allergic reactions to influenza virus immunizations.

17         (6)  The written protocol between the pharmacist and

18  supervising physician must include particular terms and

19  conditions imposed by the supervising physician upon the

20  pharmacist relating to the administration of influenza virus

21  immunizations by the pharmacist. The written protocol must

22  include, at a minimum, specific categories and conditions

23  among patients for whom the supervising physician authorizes

24  the pharmacist to administer influenza virus immunizations.

25  The terms, scope, and conditions set forth in the written

26  protocol between the pharmacist and the supervising physician

27  must be appropriate to the pharmacist's training and

28  certification for immunization. Pharmacists who have been

29  delegated the authority to administer influenza virus

30  immunizations by the supervising physician shall provide

31  evidence of current certification by the Board of Pharmacy to


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    CS for CS for SB 2022                    First Engrossed (ntc)



 1  the supervising physician. Supervising physicians shall review

 2  the administration of influenza virus immunizations by the

 3  pharmacists under such physician's supervision pursuant to the

 4  written protocol, and this review shall take place as outlined

 5  in the written protocol. The process and schedule for the

 6  review shall be outlined in the written protocol between the

 7  pharmacist and the supervising physician.

 8         (7)  The pharmacist shall submit to the Board of

 9  Pharmacy a copy of his or her protocol or written agreement to

10  administer influenza virus immunizations.

11         Section 4.  Task Force for the Study of Biotech

12  Competitiveness.--

13         (1)  INTENT.--

14         (a)  The Legislature finds that an estimated 20

15  diseases can be cured through immunizations and that

16  immunizations provided early in a child's life, and as

17  scheduled during adolescence and adulthood, provide a strong

18  foundation of disease prevention and overall health. The

19  Legislature further finds that every dollar spent on

20  immunization saves an average $10 in future disease-related

21  health care costs. The Legislature recognizes that

22  immunization education and disease-awareness programs lead to

23  improved vaccine usage and better health outcomes. The

24  Legislature further acknowledges that rapid immunization

25  distribution is an important factor in managing the

26  containment of diseases under normal circumstances and is of

27  vital importance during mass outbreaks of diseases or natural

28  disasters. The Legislature further recognizes that the threat

29  of a bioterrorism, pandemic influenza, or other disaster of

30  widespread proportion exists in our world today and that

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    CS for CS for SB 2022                    First Engrossed (ntc)



 1  access to vaccines and health care services are essential

 2  combatants against these threats.

 3         (b)  The Legislature finds that immunization

 4  manufacturing and distribution is enhanced by siting vaccine

 5  manufacturing corporations in this state. The Legislature

 6  recognizes that the state's efforts through existing biotech

 7  research funded through various state research programs,

 8  including the James and Esther King Biomedical Research

 9  Program, the William G. "Bill" Bankhead, Jr., and David Coley

10  Cancer Research Program, the Johnnie B. Byrd Senior

11  Alzheimer's Center and Research Institute, the Scripps Florida

12  Funding Corporation, and the High Impact Performance Incentive

13  grants, which are directed toward developing and expanding the

14  state's biotech industry result in the expansion of biotech

15  research capacity and create biotech manufacturing and

16  distribution jobs in Florida. The Legislature further finds

17  that current and future collaboration among the state's

18  university researchers and private and public research efforts

19  creates a robust opportunity to encourage biotech research,

20  manufacturing, and the distribution of vaccines.

21         (c)  It is the intent of the Legislature that this

22  state strive to become the nation's leader in immunizations

23  and commit itself to encouraging companies to locate to

24  Florida to help achieve this goal. Moreover, it is the intent

25  of the Legislature to expand the state's economy by attracting

26  biotech manufacturing companies to Florida.

27         (2)  ESTABLISHMENT OF TASK FORCE.--There is created

28  within the Governor's Office of Tourism, Trade, and Economic

29  Development the Task Force on the Study of Biotech

30  Competitiveness. The staff shall provide support for the task

31  force using internal staff or through a contracted consultant.


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    CS for CS for SB 2022                    First Engrossed (ntc)



 1         (3)  MEMBERSHIP.--

 2         (a)  The task force shall consist of 17 members

 3  appointed as follows:

 4         1.  The Governor shall appoint seven members: one

 5  member from the Governor's Office of Tourism, Trade, and

 6  Economic Development; the Secretary or Surgeon General of the

 7  Department of Health or her designee; one member from the

 8  Department of Education having expertise in workforce

 9  education; one member from the Agency for Workforce Innovation

10  having expertise in workforce readiness; one member from the

11  Florida Research Consortium having training and experience in

12  technology transfer; one member representing the Medical

13  Device Manufacturing Association; and one member from

14  Enterprise Florida, Inc.

15         2.  The Senate President shall appoint five members:

16  one member representing the Torrey Pines Research Institute;

17  one member representing the Burnham Research Institute; one

18  member representing an established biotech company that has

19  sited a manufacturing or distribution facility outside Florida

20  in the last 12 months; one member who is a site-selection

21  consultant who has worked with biotech companies in the

22  sighting of manufacturing and distribution facilities in

23  states outside Florida; and one member representing the

24  Florida Public Health Foundation, Inc.

25         3.  The Speaker of the House of Representatives shall

26  appoint five members: one member representing the Scripps

27  Research Institute; one member representing BioFlorida; one

28  member representing the water management districts; one member

29  representing a local economic development authority; and one

30  member representing the Board of Governors of the State

31  University System.


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    CS for CS for SB 2022                    First Engrossed (ntc)



 1         (b)  In making these appointments the Governor, the

 2  President of the Senate, and the Speaker of the House of

 3  Representatives shall select members who reflect the diversity

 4  of the state's population. One member shall be designated by

 5  the Governor as chair of the task force.

 6         (c)  Members of the task force shall serve without

 7  compensation, but are entitled to reimbursement as provided in

 8  s. 112.061, Florida Statutes, for travel and other necessary

 9  expenses incurred in the performance of their official duties.

10         (4)  PURPOSE.--

11         (a)  The task force shall study economic policies

12  necessary for making Florida competitive with other states in

13  attracting and retaining a biotech manufacturing and

14  distribution workforce. The study shall include, but not be

15  limited to, the following review and analysis:

16         1.  The state's corporate taxation system and its

17  effect on attracting biotech manufacturing and distribution

18  facilities to the state. This review includes, but is not be

19  limited to, implementing a single sales-factor formula to

20  apportion the corporate income of biotech businesses for tax

21  purposes;

22         2.  The state's water policies and their effect on

23  meeting the water needs of the biotech manufacturing process;

24         3.  The state's education and workforce training

25  programs and workforce preparedness for employment in the

26  biotech manufacturing and distribution fields;

27         4.  The state's Medicaid program, state employee health

28  plans, and private health insurance policies and regulations

29  and the extent to which they provide support for products

30  generated by biotech companies; and

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    CS for CS for SB 2022                    First Engrossed (ntc)



 1         5.  Other states' initiatives that have had success in

 2  attracting and retaining biotech manufacturing and

 3  distribution facilities and an evaluation of Florida's

 4  readiness to compete with other states.

 5         (b)  The study shall provide recommendations concerning

 6  maximizing federal revenues to the state.

 7         (c)  The study shall provide recommendations concerning

 8  how this state's existing policies and programs can be

 9  modified to ensure competitiveness when evaluated by companies

10  making siting decisions related to biotech manufacturing and

11  distribution facilities.

12         (5)  REPORT.--The task force shall report the findings

13  of the study to the Governor, the President of the Senate, and

14  the Speaker of the House of Representatives by January 1,

15  2009.

16         (6)  EXPIRATION.--The task force is dissolved June 30,

17  2009.

18         Section 5.  This act shall take effect July 1, 2007.

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