Amendment
Bill No. 0543
Amendment No. 766065
CHAMBER ACTION
Senate House
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1Representative(s) Zapata offered the following:
2
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
6Coit Memorial Act."
7     Section 2.  Subsection (13) of section 465.003, Florida
8Statutes, is amended to read:
9     465.003  Definitions.--As used in this chapter, the term:
10     (13)  "Practice of the profession of pharmacy" includes
11compounding, dispensing, and consulting concerning contents,
12therapeutic values, and uses of any medicinal drug; consulting
13concerning therapeutic values and interactions of patent or
14proprietary preparations, whether pursuant to prescriptions or
15in the absence and entirely independent of such prescriptions or
16orders; and other pharmaceutical services. For purposes of this
17subsection, "other pharmaceutical services" means the monitoring
18of the patient's drug therapy and assisting the patient in the
19management of his or her drug therapy, and includes review of
20the patient's drug therapy and communication with the patient's
21prescribing health care provider as licensed under chapter 458,
22chapter 459, chapter 461, or chapter 466, or similar statutory
23provision in another jurisdiction, or such provider's agent or
24such other persons as specifically authorized by the patient,
25regarding the drug therapy. However, nothing in this subsection
26may be interpreted to permit an alteration of a prescriber's
27directions, the diagnosis or treatment of any disease, the
28initiation of any drug therapy, the practice of medicine, or the
29practice of osteopathic medicine, unless otherwise permitted by
30law. "Practice of the profession of pharmacy" also includes any
31other act, service, operation, research, or transaction
32incidental to, or forming a part of, any of the foregoing acts,
33requiring, involving, or employing the science or art of any
34branch of the pharmaceutical profession, study, or training, and
35shall expressly permit a pharmacist to transmit information from
36persons authorized to prescribe medicinal drugs to their
37patients. The practice of the profession of pharmacy also
38includes the administration of influenza virus immunizations to
39adults pursuant to s. 465.189.
40     Section 3.  Section 465.189, Florida Statutes, is created
41to read:
42     465.189  Administration of influenza virus immunizations.--
43     (1)  Pharmacists may administer influenza virus
44immunizations to adults within the framework of an established
45protocol under a supervisory practitioner who is a physician
46licensed under chapter 458 or chapter 459. Each protocol shall
47contain specific procedures for addressing any unforeseen
48allergic reaction to influenza virus immunizations.
49     (2)  A pharmacist may not enter into a protocol unless he
50or she maintains at least $200,000 of professional liability
51insurance and has completed training in influenza virus
52immunizations as provided in this section.
53     (3)  A pharmacist administering influenza virus
54immunizations shall maintain and make available patient records
55using the same standards for confidentiality and maintenance of
56such records as those that are imposed on health care
57practitioners under s. 456.057. These records shall be
58maintained for a minimum of 5 years.
59     (4)  The decision by a supervisory practitioner to enter
60into a protocol under this section is a professional decision on
61the part of the practitioner and a person may not interfere with
62a supervisory practitioner's decision as to entering into such a
63protocol. A pharmacist may not enter into a protocol that is to
64be performed while acting as an employee without the written
65approval of the owner of the pharmacy. Pharmacists shall forward
66immunization records to the department for inclusion in the
67state registry of immunization information.
68     (5)  Any pharmacist seeking to administer influenza virus
69immunizations to adults under this section must be certified to
70administer influenza virus immunizations pursuant to a
71certification program approved by the Board of Pharmacy in
72consultation with the Board of Medicine and the Board of
73Osteopathic Medicine. The certification program shall, at a
74minimum, require that the pharmacist attend at least 20 hours of
75continuing education classes approved by the board. The program
76shall have a curriculum of instruction concerning the safe and
77effective administration of influenza virus immunizations,
78including, but not limited to, potential allergic reactions to
79influenza virus immunizations.
80     (6)  The written protocol between the pharmacist and
81supervising physician must include particular terms and
82conditions imposed by the supervising physician upon the
83pharmacist relating to the administration of influenza virus
84immunizations by the pharmacist. The written protocol shall
85include, at a minimum, specific categories and conditions among
86patients for whom the supervising physician authorizes the
87pharmacist to administer influenza virus immunizations. The
88terms, scope, and conditions set forth in the written protocol
89between the pharmacist and the supervising physician must be
90appropriate to the pharmacist's training and certification for
91immunization. Pharmacists who have been delegated the authority
92to administer influenza virus immunizations by the supervising
93physician shall provide evidence of current certification by the
94Board of Pharmacy to the supervising physician. Supervising
95physicians shall review the administration of influenza virus
96immunizations by the pharmacists under such physician's
97supervision pursuant to the written protocol, and this review
98shall take place as outlined in the written protocol. The
99process and schedule for the review shall be outlined in the
100written protocol between the pharmacist and the supervising
101physician.
102     (7)  The pharmacist shall submit to the Board of Pharmacy a
103copy of his or her protocol or written agreement to administer
104influenza virus immunizations.
105     Section 4.  Task Force for the Study of Biotech
106Competitiveness.--
107     (1)  INTENT.--
108     (a)  The Legislature finds that an estimated 20 diseases
109can be cured through immunizations and that immunizations
110provided early in a child's life, and as scheduled during
111adolescence and adulthood, provide a strong foundation of
112disease prevention and overall health. The Legislature further
113finds that every dollar spent on immunization saves an average
114$10 in future disease-related health care costs. The Legislature
115recognizes that immunization education and disease-awareness
116programs lead to improved vaccine usage and better health
117outcomes. The Legislature further acknowledges that rapid
118immunization distribution is an important factor in managing the
119containment of diseases under normal circumstances and is of
120vital importance during mass outbreaks of diseases or natural
121disasters. The Legislature further recognizes that the threat of
122a bioterrorism, pandemic influenza, or other disaster of
123widespread proportion exists in our world today and that access
124to vaccines and health care services are essential combatants
125against these threats.
126     (b)  The Legislature finds that immunization manufacturing
127and distribution is enhanced by siting vaccine manufacturing
128corporations in this state. The Legislature recognizes that the
129state's efforts through existing biotech research funded through
130various state research programs, including the James and Esther
131King Biomedical Research Program, the William G. "Bill"
132Bankhead, Jr., and David Coley Cancer Research Program, the
133Johnnie B. Byrd Senior Alzheimer's Center and Research
134Institute, the Scripps Florida Funding Corporation, and the High
135Impact Performance Incentive grants, which are directed toward
136developing and expanding the state's biotech industry result in
137the expansion of biotech research capacity and create biotech
138manufacturing and distribution jobs in Florida. The Legislature
139further finds that current and future collaboration among the
140state's university researchers and private and public research
141efforts creates a robust opportunity to encourage biotech
142research, manufacturing, and the distribution of vaccines.
143     (c)  It is the intent of the Legislature that this state
144strive to become the nation's leader in immunizations and commit
145itself to encouraging companies to locate to Florida to help
146achieve this goal. Moreover, it is the intent of the Legislature
147to expand the state's economy by attracting biotech
148manufacturing companies to Florida.
149     (2)  ESTABLISHMENT OF TASK FORCE.--There is created within
150the Governor's Office of Tourism, Trade, and Economic
151Development the Task Force on the Study of Biotech
152Competitiveness. The staff shall provide support for the task
153force using internal staff or through a contracted consultant.
154     (3)  MEMBERSHIP.--
155     (a)  The task force shall consist of 17 members appointed
156as follows:
157     1.  The Governor shall appoint seven members: one member
158from the Governor's Office of Tourism, Trade, and Economic
159Development; the Secretary or Surgeon General of the Department
160of Health or her designee; one member from the Department of
161Education having expertise in workforce education; one member
162from the Agency for Workforce Innovation having expertise in
163workforce readiness; one member from the Florida Research
164Consortium having training and experience in technology
165transfer; one member representing the Medical Device
166Manufacturing Association; and one member from Enterprise
167Florida, Inc.
168     2.  The Senate President shall appoint five members: one
169member representing the Torrey Pines Research Institute; one
170member representing the Burnham Research Institute; one member
171representing an established biotech company that has sited a
172manufacturing or distribution facility outside Florida in the
173last 12 months; one member who is a site-selection consultant
174who has worked with biotech companies in the sighting of
175manufacturing and distribution facilities in states outside
176Florida; and one member representing the Florida Public Health
177Foundation, Inc.
178     3.  The Speaker of the House of Representatives shall
179appoint five members: one member representing the Scripps
180Research Institute; one member representing BioFlorida; one
181member representing the water management districts; one member
182representing a local economic development authority; and one
183member representing the Board of Governors of the State
184University System.
185     (b)  In making these appointments the Governor, the
186President of the Senate, and the Speaker of the House of
187Representatives shall select members who reflect the diversity
188of the state's population. One member shall be designated by the
189Governor as chair of the task force.
190     (c)  Members of the task force shall serve without
191compensation, but are entitled to reimbursement as provided in
192s. 112.061, Florida Statutes, for travel and other necessary
193expenses incurred in the performance of their official duties.
194     (4)  PURPOSE.--
195     (a)  The task force shall study economic policies necessary
196for making Florida competitive with other states in attracting
197and retaining a biotech manufacturing and distribution
198workforce. The study shall include, but not be limited to, the
199following review and analysis:
200     1.  The state's corporate taxation system and its effect on
201attracting biotech manufacturing and distribution facilities to
202the state. This review includes, but is not be limited to,
203implementing a single sales-factor formula to apportion the
204corporate income of biotech businesses for tax purposes;
205     2.  The state's water policies and their effect on meeting
206the water needs of the biotech manufacturing process;
207     3.  The state's education and workforce training programs
208and workforce preparedness for employment in the biotech
209manufacturing and distribution fields;
210     4.  The state's Medicaid program, state employee health
211plans, and private health insurance policies and regulations and
212the extent to which they provide support for products generated
213by biotech companies; and
214     5.  Other states' initiatives that have had success in
215attracting and retaining biotech manufacturing and distribution
216facilities and an evaluation of Florida's readiness to compete
217with other states.
218     (b)  The study shall provide recommendations concerning
219maximizing federal revenues to the state.
220     (c)  The study shall provide recommendations concerning how
221this state's existing policies and programs can be modified to
222ensure competitiveness when evaluated by companies making siting
223decisions related to biotech manufacturing and distribution
224facilities.
225     (5)  REPORT.--The task force shall report the findings of
226the study to the Governor, the President of the Senate, and the
227Speaker of the House of Representatives by January 1, 2009.
228     (6)  EXPIRATION.--The task force is dissolved June 30,
2292009.
230     Section 5.  This act shall take effect July 1, 2007.
231
232======= T I T L E  A M E N D M E N T ==========
233
234     Remove the entire title and insert:
235
A bill to be entitled
236An act relating to immunization services; providing a
237short title; amending s. 465.003, F.S.; revising a
238definition relating to the practice of pharmacists;
239creating s. 465.189, F.S.; authorizing pharmacists to
240administer influenza virus immunizations to adults;
241providing requirements with respect thereto; requiring
242that the protocol between a pharmacist and supervising
243physician contain certain information, terms, and
244conditions; requiring that pharmacists authorized to
245administer influenza virus immunizations provide evidence
246of current certification by the Board of Pharmacy to the
247supervising physician; requiring supervising physicians to
248review certain information in accordance with the written
249protocol; creating the Task Force for the Study of Biotech
250Competitiveness; providing for staff support by the
251Governor's Office of Tourism, Trade, and Economic
252Development; providing for appointment of members;
253requiring a study; requiring a report; providing for
254expiration of the task force; providing an effective date.


CODING: Words stricken are deletions; words underlined are additions.