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.