| 1 | Representative Hays offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 15 and 16, insert: |
| 5 | Section 1. Paragraph (t) of subsection (2) of section |
| 6 | 499.01, Florida Statutes, is amended to read: |
| 7 | 499.01 Permits.-- |
| 8 | (2) The following permits are established: |
| 9 | (t) Health care clinic establishment permit.--Effective |
| 10 | January 1, 2009, a health care clinic establishment permit is |
| 11 | required for the purchase of a prescription drug by a place of |
| 12 | business at one general physical location owned and operated by |
| 13 | a professional corporation or professional limited liability |
| 14 | company described in chapter 621, or a corporation that employs |
| 15 | a veterinarian as a qualifying practitioner. For the purpose of |
| 16 | this paragraph, the term "qualifying practitioner" means a |
| 17 | licensed health care practitioner defined in s. 456.001 or a |
| 18 | veterinarian licensed under chapter 474, who is authorized under |
| 19 | the appropriate practice act to prescribe and administer a |
| 20 | prescription drug. |
| 21 | 1. An establishment must provide, as part of the |
| 22 | application required under s. 499.012, designation of a |
| 23 | qualifying practitioner who will be responsible for complying |
| 24 | with all legal and regulatory requirements related to the |
| 25 | purchase, recordkeeping, storage, and handling of the |
| 26 | prescription drugs. In addition, the designated qualifying |
| 27 | practitioner shall be the practitioner whose name, establishment |
| 28 | address, and license number is used on all distribution |
| 29 | documents for prescription drugs purchased or returned by the |
| 30 | health care clinic establishment. Upon initial appointment of a |
| 31 | qualifying practitioner, the qualifying practitioner and the |
| 32 | health care clinic establishment shall notify the department on |
| 33 | a form furnished by the department within 10 days after such |
| 34 | employment. In addition, the qualifying practitioner and health |
| 35 | care clinic establishment shall notify the department within 10 |
| 36 | days after any subsequent change. |
| 37 | 2. The health care clinic establishment must employ a |
| 38 | qualifying practitioner at each establishment. |
| 39 | 3. In addition to the remedies and penalties provided in |
| 40 | this part, a violation of this chapter by the health care clinic |
| 41 | establishment or qualifying practitioner constitutes grounds for |
| 42 | discipline of the qualifying practitioner by the appropriate |
| 43 | regulatory board. |
| 44 | 4. The purchase of prescription drugs by the health care |
| 45 | clinic establishment is prohibited during any period of time |
| 46 | when the establishment does not comply with this paragraph. |
| 47 | 5. A health care clinic establishment permit is not a |
| 48 | pharmacy permit or otherwise subject to chapter 465. A health |
| 49 | care clinic establishment that meets the criteria of a modified |
| 50 | Class II institutional pharmacy under s. 465.019 is not eligible |
| 51 | to be permitted under this paragraph. |
| 52 | 6. This paragraph does not prohibit a qualifying |
| 53 | practitioner from purchasing prescription drugs. |
| 54 | 7. A business entity governed by s. 466.0285 may pay for |
| 55 | prescription drugs obtained by a practitioner licensed under |
| 56 | chapter 466 who is an owner of such business entity, and the |
| 57 | licensed practitioner is deemed the purchaser and owner of the |
| 58 | prescription drugs. |
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| 63 | ----------------------------------------------------- |
| 64 | T I T L E A M E N D M E N T |
| 65 | Remove line 2 and insert: |
| 66 | An act relating to public health; amending s. 499.01, F.S.; |
| 67 | authorizing certain business entities to pay for certain |
| 68 | prescription drugs under certain circumstances; amending s. |
| 69 |
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