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The Committee on Judiciary (Fasano) recommended the following

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amendment to amendment (836536):

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     Senate Amendment

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     Delete line(s) 1766-1807

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and insert:

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     (t) Health care clinic establishment permit.--Effective

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January 1, 2009, a health care clinic establishment permit is

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required for the purchase of a prescription drug by a place of

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business at one general physical location owned and operated by a

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professional corporation or professional limited liability

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company described in chapter 621, or a corporation that employs a

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veterinarian as a qualifying practitioner. For the purpose of

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this paragraph, the term "qualifying practitioner" means a

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licensed health care practitioner defined in s. 456.001 or a

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veterinarian licensed under chapter 474, who is authorized under

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the appropriate practice act to prescribe and administer a

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prescription drug.

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     1. An establishment must provide, as part of the

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application required under s. 499.012, designation of a

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qualifying practitioner who will be responsible for complying

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with all legal and regulatory requirements related to the

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purchase, recordkeeping, storage, and handling of the

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prescription drugs. In addition, the designated qualifying

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practitioner shall be the practitioner whose name, establishment

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address, and license number is used on all distribution documents

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for prescription drugs purchased or returned by the health care

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clinic establishment. Upon initial appointment of a qualifying

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practitioner, the qualifying practitioner and the health care

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clinic establishment shall notify the department on a form

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furnished by the department within 10 days after such employment.

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In addition, the qualifying practitioner and health care clinic

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establishment shall notify the department within 10 days after

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any subsequent change.

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     2. The health care clinic establishment must employ a

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qualifying practitioner at each establishment.

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     3. In addition to the remedies and penalties provided in

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this part, a violation of this chapter by the health care clinic

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establishment or qualifying practitioner constitutes grounds for

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discipline of the qualifying practitioner by the appropriate

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regulatory board.

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     4. The purchase of prescription drugs by the health care

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clinic establishment is prohibited during any period of time when

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the establishment does not comply with this paragraph.

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     5. A health care clinic establishment permit is not a

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pharmacy permit or otherwise subject to chapter 465. A health

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care clinic establishment that meets the criteria of a modified

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Class II institutional pharmacy under s. 465.019 is not eligible

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to be permitted under this paragraph.

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     6. This paragraph does not prohibit a qualifying

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practitioner from purchasing prescription drugs.

4/21/2008  11:15:00 AM     590-08036-08