1 | Representative(s) Zapata offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. This act may be cited as the "Pharmacist Kevin |
6 | Coit Memorial Act." |
7 | Section 2. Subsection (13) of section 465.003, Florida |
8 | Statutes, is amended to read: |
9 | 465.003 Definitions.--As used in this chapter, the term: |
10 | (13) "Practice of the profession of pharmacy" includes |
11 | compounding, dispensing, and consulting concerning contents, |
12 | therapeutic values, and uses of any medicinal drug; consulting |
13 | concerning therapeutic values and interactions of patent or |
14 | proprietary preparations, whether pursuant to prescriptions or |
15 | in the absence and entirely independent of such prescriptions or |
16 | orders; and other pharmaceutical services. For purposes of this |
17 | subsection, "other pharmaceutical services" means the monitoring |
18 | of the patient's drug therapy and assisting the patient in the |
19 | management of his or her drug therapy, and includes review of |
20 | the patient's drug therapy and communication with the patient's |
21 | prescribing health care provider as licensed under chapter 458, |
22 | chapter 459, chapter 461, or chapter 466, or similar statutory |
23 | provision in another jurisdiction, or such provider's agent or |
24 | such other persons as specifically authorized by the patient, |
25 | regarding the drug therapy. However, nothing in this subsection |
26 | may be interpreted to permit an alteration of a prescriber's |
27 | directions, the diagnosis or treatment of any disease, the |
28 | initiation of any drug therapy, the practice of medicine, or the |
29 | practice of osteopathic medicine, unless otherwise permitted by |
30 | law. "Practice of the profession of pharmacy" also includes any |
31 | other act, service, operation, research, or transaction |
32 | incidental to, or forming a part of, any of the foregoing acts, |
33 | requiring, involving, or employing the science or art of any |
34 | branch of the pharmaceutical profession, study, or training, and |
35 | shall expressly permit a pharmacist to transmit information from |
36 | persons authorized to prescribe medicinal drugs to their |
37 | patients. The practice of the profession of pharmacy also |
38 | includes the administration of influenza virus immunizations to |
39 | adults pursuant to s. 465.189. |
40 | Section 3. Section 465.189, Florida Statutes, is created |
41 | to read: |
42 | 465.189 Administration of influenza virus immunizations.-- |
43 | (1) Pharmacists may administer influenza virus |
44 | immunizations to adults within the framework of an established |
45 | protocol under a supervisory practitioner who is a physician |
46 | licensed under chapter 458 or chapter 459. Each protocol shall |
47 | contain specific procedures for addressing any unforeseen |
48 | allergic reaction to influenza virus immunizations. |
49 | (2) A pharmacist may not enter into a protocol unless he |
50 | or she maintains at least $200,000 of professional liability |
51 | insurance and has completed training in influenza virus |
52 | immunizations as provided in this section. |
53 | (3) A pharmacist administering influenza virus |
54 | immunizations shall maintain and make available patient records |
55 | using the same standards for confidentiality and maintenance of |
56 | such records as those that are imposed on health care |
57 | practitioners under s. 456.057. These records shall be |
58 | maintained for a minimum of 5 years. |
59 | (4) The decision by a supervisory practitioner to enter |
60 | into a protocol under this section is a professional decision on |
61 | the part of the practitioner and a person may not interfere with |
62 | a supervisory practitioner's decision as to entering into such a |
63 | protocol. A pharmacist may not enter into a protocol that is to |
64 | be performed while acting as an employee without the written |
65 | approval of the owner of the pharmacy. Pharmacists shall forward |
66 | immunization records to the department for inclusion in the |
67 | state registry of immunization information. |
68 | (5) Any pharmacist seeking to administer influenza virus |
69 | immunizations to adults under this section must be certified to |
70 | administer influenza virus immunizations pursuant to a |
71 | certification program approved by the Board of Pharmacy in |
72 | consultation with the Board of Medicine and the Board of |
73 | Osteopathic Medicine. The certification program shall, at a |
74 | minimum, require that the pharmacist attend at least 20 hours of |
75 | continuing education classes approved by the board. The program |
76 | shall have a curriculum of instruction concerning the safe and |
77 | effective administration of influenza virus immunizations, |
78 | including, but not limited to, potential allergic reactions to |
79 | influenza virus immunizations. |
80 | (6) The written protocol between the pharmacist and |
81 | supervising physician must include particular terms and |
82 | conditions imposed by the supervising physician upon the |
83 | pharmacist relating to the administration of influenza virus |
84 | immunizations by the pharmacist. The written protocol shall |
85 | include, at a minimum, specific categories and conditions among |
86 | patients for whom the supervising physician authorizes the |
87 | pharmacist to administer influenza virus immunizations. The |
88 | terms, scope, and conditions set forth in the written protocol |
89 | between the pharmacist and the supervising physician must be |
90 | appropriate to the pharmacist's training and certification for |
91 | immunization. Pharmacists who have been delegated the authority |
92 | to administer influenza virus immunizations by the supervising |
93 | physician shall provide evidence of current certification by the |
94 | Board of Pharmacy to the supervising physician. Supervising |
95 | physicians shall review the administration of influenza virus |
96 | immunizations by the pharmacists under such physician's |
97 | supervision pursuant to the written protocol, and this review |
98 | shall take place as outlined in the written protocol. The |
99 | process and schedule for the review shall be outlined in the |
100 | written protocol between the pharmacist and the supervising |
101 | physician. |
102 | (7) The pharmacist shall submit to the Board of Pharmacy a |
103 | copy of his or her protocol or written agreement to administer |
104 | influenza virus immunizations. |
105 | Section 4. Task Force for the Study of Biotech |
106 | Competitiveness.-- |
107 | (1) INTENT.-- |
108 | (a) The Legislature finds that an estimated 20 diseases |
109 | can be cured through immunizations and that immunizations |
110 | provided early in a child's life, and as scheduled during |
111 | adolescence and adulthood, provide a strong foundation of |
112 | disease prevention and overall health. The Legislature further |
113 | finds that every dollar spent on immunization saves an average |
114 | $10 in future disease-related health care costs. The Legislature |
115 | recognizes that immunization education and disease-awareness |
116 | programs lead to improved vaccine usage and better health |
117 | outcomes. The Legislature further acknowledges that rapid |
118 | immunization distribution is an important factor in managing the |
119 | containment of diseases under normal circumstances and is of |
120 | vital importance during mass outbreaks of diseases or natural |
121 | disasters. The Legislature further recognizes that the threat of |
122 | a bioterrorism, pandemic influenza, or other disaster of |
123 | widespread proportion exists in our world today and that access |
124 | to vaccines and health care services are essential combatants |
125 | against these threats. |
126 | (b) The Legislature finds that immunization manufacturing |
127 | and distribution is enhanced by siting vaccine manufacturing |
128 | corporations in this state. The Legislature recognizes that the |
129 | state's efforts through existing biotech research funded through |
130 | various state research programs, including the James and Esther |
131 | King Biomedical Research Program, the William G. "Bill" |
132 | Bankhead, Jr., and David Coley Cancer Research Program, the |
133 | Johnnie B. Byrd Senior Alzheimer's Center and Research |
134 | Institute, the Scripps Florida Funding Corporation, and the High |
135 | Impact Performance Incentive grants, which are directed toward |
136 | developing and expanding the state's biotech industry result in |
137 | the expansion of biotech research capacity and create biotech |
138 | manufacturing and distribution jobs in Florida. The Legislature |
139 | further finds that current and future collaboration among the |
140 | state's university researchers and private and public research |
141 | efforts creates a robust opportunity to encourage biotech |
142 | research, manufacturing, and the distribution of vaccines. |
143 | (c) It is the intent of the Legislature that this state |
144 | strive to become the nation's leader in immunizations and commit |
145 | itself to encouraging companies to locate to Florida to help |
146 | achieve this goal. Moreover, it is the intent of the Legislature |
147 | to expand the state's economy by attracting biotech |
148 | manufacturing companies to Florida. |
149 | (2) ESTABLISHMENT OF TASK FORCE.--There is created within |
150 | the Governor's Office of Tourism, Trade, and Economic |
151 | Development the Task Force on the Study of Biotech |
152 | Competitiveness. The staff shall provide support for the task |
153 | force using internal staff or through a contracted consultant. |
154 | (3) MEMBERSHIP.-- |
155 | (a) The task force shall consist of 17 members appointed |
156 | as follows: |
157 | 1. The Governor shall appoint seven members: one member |
158 | from the Governor's Office of Tourism, Trade, and Economic |
159 | Development; the Secretary or Surgeon General of the Department |
160 | of Health or her designee; one member from the Department of |
161 | Education having expertise in workforce education; one member |
162 | from the Agency for Workforce Innovation having expertise in |
163 | workforce readiness; one member from the Florida Research |
164 | Consortium having training and experience in technology |
165 | transfer; one member representing the Medical Device |
166 | Manufacturing Association; and one member from Enterprise |
167 | Florida, Inc. |
168 | 2. The Senate President shall appoint five members: one |
169 | member representing the Torrey Pines Research Institute; one |
170 | member representing the Burnham Research Institute; one member |
171 | representing an established biotech company that has sited a |
172 | manufacturing or distribution facility outside Florida in the |
173 | last 12 months; one member who is a site-selection consultant |
174 | who has worked with biotech companies in the sighting of |
175 | manufacturing and distribution facilities in states outside |
176 | Florida; and one member representing the Florida Public Health |
177 | Foundation, Inc. |
178 | 3. The Speaker of the House of Representatives shall |
179 | appoint five members: one member representing the Scripps |
180 | Research Institute; one member representing BioFlorida; one |
181 | member representing the water management districts; one member |
182 | representing a local economic development authority; and one |
183 | member representing the Board of Governors of the State |
184 | University System. |
185 | (b) In making these appointments the Governor, the |
186 | President of the Senate, and the Speaker of the House of |
187 | Representatives shall select members who reflect the diversity |
188 | of the state's population. One member shall be designated by the |
189 | Governor as chair of the task force. |
190 | (c) Members of the task force shall serve without |
191 | compensation, but are entitled to reimbursement as provided in |
192 | s. 112.061, Florida Statutes, for travel and other necessary |
193 | expenses incurred in the performance of their official duties. |
194 | (4) PURPOSE.-- |
195 | (a) The task force shall study economic policies necessary |
196 | for making Florida competitive with other states in attracting |
197 | and retaining a biotech manufacturing and distribution |
198 | workforce. The study shall include, but not be limited to, the |
199 | following review and analysis: |
200 | 1. The state's corporate taxation system and its effect on |
201 | attracting biotech manufacturing and distribution facilities to |
202 | the state. This review includes, but is not be limited to, |
203 | implementing a single sales-factor formula to apportion the |
204 | corporate income of biotech businesses for tax purposes; |
205 | 2. The state's water policies and their effect on meeting |
206 | the water needs of the biotech manufacturing process; |
207 | 3. The state's education and workforce training programs |
208 | and workforce preparedness for employment in the biotech |
209 | manufacturing and distribution fields; |
210 | 4. The state's Medicaid program, state employee health |
211 | plans, and private health insurance policies and regulations and |
212 | the extent to which they provide support for products generated |
213 | by biotech companies; and |
214 | 5. Other states' initiatives that have had success in |
215 | attracting and retaining biotech manufacturing and distribution |
216 | facilities and an evaluation of Florida's readiness to compete |
217 | with other states. |
218 | (b) The study shall provide recommendations concerning |
219 | maximizing federal revenues to the state. |
220 | (c) The study shall provide recommendations concerning how |
221 | this state's existing policies and programs can be modified to |
222 | ensure competitiveness when evaluated by companies making siting |
223 | decisions related to biotech manufacturing and distribution |
224 | facilities. |
225 | (5) REPORT.--The task force shall report the findings of |
226 | the study to the Governor, the President of the Senate, and the |
227 | Speaker of the House of Representatives by January 1, 2009. |
228 | (6) EXPIRATION.--The task force is dissolved June 30, |
229 | 2009. |
230 | Section 5. This act shall take effect July 1, 2007. |
231 |
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232 | ======= T I T L E A M E N D M E N T ========== |
233 |
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234 | Remove the entire title and insert: |
235 | A bill to be entitled |
236 | An act relating to immunization services; providing a |
237 | short title; amending s. 465.003, F.S.; revising a |
238 | definition relating to the practice of pharmacists; |
239 | creating s. 465.189, F.S.; authorizing pharmacists to |
240 | administer influenza virus immunizations to adults; |
241 | providing requirements with respect thereto; requiring |
242 | that the protocol between a pharmacist and supervising |
243 | physician contain certain information, terms, and |
244 | conditions; requiring that pharmacists authorized to |
245 | administer influenza virus immunizations provide evidence |
246 | of current certification by the Board of Pharmacy to the |
247 | supervising physician; requiring supervising physicians to |
248 | review certain information in accordance with the written |
249 | protocol; creating the Task Force for the Study of Biotech |
250 | Competitiveness; providing for staff support by the |
251 | Governor's Office of Tourism, Trade, and Economic |
252 | Development; providing for appointment of members; |
253 | requiring a study; requiring a report; providing for |
254 | expiration of the task force; providing an effective date. |