Florida Senate - 2009                                    SB 1932
       
       
       
       By Senator Peaden
       
       
       
       
       2-01525-09                                            20091932__
    1                        A bill to be entitled                      
    2         An act relating to pharmacy services; creating the
    3         Pharmacy and Therapeutic Advisory Council within the
    4         Executive Office of the Governor; providing duties of
    5         the council; providing for the appointment and
    6         qualification of members; providing for the use of
    7         subject-matter experts when necessary; providing
    8         requirements for voting and a quorum; providing for
    9         quarterly meetings of the council; providing for
   10         staffing; providing for reimbursement of per diem and
   11         travel expenses for members of the council; providing
   12         an effective date.
   13         
   14  Be It Enacted by the Legislature of the State of Florida:
   15         
   16         Section 1. The Pharmacy and Therapeutic Advisory Council.—
   17         (1)The Pharmacy and Therapeutic Advisory Council is
   18  created within the Executive Office of the Governor to serve in
   19  an advisory capacity to the Department of Health and other
   20  governmental agencies. The council may not interfere with
   21  existing mandated Medicaid services and may not develop or
   22  implement new ones. Specifically, the council may not interfere
   23  with the work of the Agency for Health Care Administration as it
   24  complies with federal and state statutory obligations to develop
   25  a preferred drug list, to negotiate rebate agreements for
   26  medications included in the preferred drug list, and to protect
   27  the confidentiality of rebate agreements, and may not interfere
   28  with the Medicaid Pharmacy and Therapeutics Committee or the
   29  Drug Utilization Review Board, which oversee clinical activities
   30  within the Medicaid Bureau of Pharmacy Services.
   31         (2)Within the agency's preexisting Medicaid structure, the
   32  Pharmacy and Therapeutic Advisory Council shall use Medicaid
   33  processes as a guide for assisting state agencies in:
   34         (a)Developing an unbiased clinical perspective on drug
   35  evaluations and utilization protocols that are relevant to
   36  patient care provided through programs administered by state
   37  agencies.
   38         (b)Developing drug-utilization-review processes that are
   39  relevant to the agencies and those receiving care through
   40  programs administered by the agencies.
   41         (c)Building a formulary structure that enforces formulary
   42  compliance or adherence within each agency.
   43         (d)Performing pharmacoeconomic analyses on formulary
   44  management so that the state maximizes the cost-effectiveness of
   45  its pharmaceutical purchasing.
   46         (e)Reviewing new and existing therapies using criteria
   47  established for efficacy, safety, and quality in order to
   48  maximize cost-effective purchasing.
   49         (3)The members of the council and the chairman shall be
   50  appointed by the Governor to 2-year terms or until their
   51  successors are appointed. Members may be appointed to more than
   52  one term. The Governor shall fill any vacancies for the
   53  remainder of the unexpired term in the same manner as the
   54  original appointment.
   55         (4)The council shall include voting and nonvoting members,
   56  and the chairman, who is a voting member, must be a pharmacist
   57  employed by a state agency.
   58         (a)The voting members shall represent:
   59         1.The Agency for Health Care Administration.
   60         2.The Agency for Persons with Disabilities.
   61         3.The Department of Children and Family Services.
   62         4.The Department of Corrections.
   63         5.The Department of Elderly Affairs.
   64         6.The Department of Health.
   65         7.The Department of Juvenile Justice.
   66         8.The Bureau of Medicaid Pharmacy Services within the
   67  Agency for Health Care Administration, which shall be
   68  represented by the bureau chief.
   69         9.The Bureau of Statewide Pharmaceutical Services within
   70  the Department of Health, which shall be represented by the
   71  bureau chief.
   72         (b)The nonvoting members shall be:
   73         1.A representative from the Agency for Health Care
   74  Administration's drug contracting program.
   75         2.The contracting officer for the Department of Health's
   76  drug procurement program.
   77         3.A clinical pharmacy program manager from the Agency for
   78  Health Care Administration.
   79         4.The chairman of the Department of Health's Pharmacy and
   80  Therapeutics Committee.
   81         5.The general counsel for the Agency for Health Care
   82  Administration or his or her designee.
   83         6.The general counsel for a state agency in the executive
   84  branch of state government, or his or her designee.
   85         7.A representative from the Executive Office of the
   86  Governor.
   87         8.The statewide pharmacy director of the Department of
   88  Corrections' Office of Health Services.
   89         (5)Members of the council shall consist of at least one
   90  physician licensed under chapter 458, Florida Statutes, at least
   91  one pharmacist licensed under chapter 465, Florida Statutes, and
   92  at least one registered nurse licensed under chapter 464,
   93  Florida Statutes. Each member designated in this subsection must
   94  have an active license in his or her profession and may not have
   95  been the subject of any agency disciplinary action.
   96         (6)Members, who must be residents of this state, shall be
   97  selected on the basis of specialty, board certification, prior
   98  pharmacy and therapeutic experience, experience treating medical
   99  assistance recipients, ability to represent a broad base of
  100  constituents, and number of years of practice. Members must not
  101  have any conflicts of interest due to their service on the
  102  council.
  103         (7)The council may request the participation of additional
  104  subject-matter experts to address specific drug, therapeutic, or
  105  drug-procurement issues under review by the council.
  106         (8)A majority of the members of the council constitutes a
  107  quorum, and an affirmative vote of a majority of the members is
  108  necessary to take action.
  109         (9)The council shall meet quarterly or at the call of the
  110  chairman.
  111         (10)The council shall be staffed by the chairman's
  112  department or agency.
  113         (11)The council members shall serve without compensation,
  114  but are entitled to reimbursement for travel and per diem
  115  expenses incurred in the performance of their duties in
  116  accordance with s. 112.061, Florida Statutes.
  117         Section 2. This act shall take effect July 1, 2009.