| 1 | Representative(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 |
| 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 |
|
| 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 |
| 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. |