CS/HB 543

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

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