((LATE FILED FOR: APRIL 23 THIRD READING ))Amendment
Bill No. HB 331
Amendment No. 304499
CHAMBER ACTION
Senate House
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1Representative Hays offered the following:
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3     Amendment (with title amendment)
4     Between lines 15 and 16, insert:
5Section 1.  Paragraph (t) of subsection (2) of section
6499.01, 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
10January 1, 2009, a health care clinic establishment permit is
11required for the purchase of a prescription drug by a place of
12business at one general physical location owned and operated by
13a professional corporation or professional limited liability
14company described in chapter 621, or a corporation that employs
15a veterinarian as a qualifying practitioner. For the purpose of
16this paragraph, the term "qualifying practitioner" means a
17licensed health care practitioner defined in s. 456.001 or a
18veterinarian licensed under chapter 474, who is authorized under
19the appropriate practice act to prescribe and administer a
20prescription drug.
21     1.  An establishment must provide, as part of the
22application required under s. 499.012, designation of a
23qualifying practitioner who will be responsible for complying
24with all legal and regulatory requirements related to the
25purchase, recordkeeping, storage, and handling of the
26prescription drugs. In addition, the designated qualifying
27practitioner shall be the practitioner whose name, establishment
28address, and license number is used on all distribution
29documents for prescription drugs purchased or returned by the
30health care clinic establishment. Upon initial appointment of a
31qualifying practitioner, the qualifying practitioner and the
32health care clinic establishment shall notify the department on
33a form furnished by the department within 10 days after such
34employment. In addition, the qualifying practitioner and health
35care clinic establishment shall notify the department within 10
36days after any subsequent change.
37     2.  The health care clinic establishment must employ a
38qualifying practitioner at each establishment.
39     3.  In addition to the remedies and penalties provided in
40this part, a violation of this chapter by the health care clinic
41establishment or qualifying practitioner constitutes grounds for
42discipline of the qualifying practitioner by the appropriate
43regulatory board.
44     4.  The purchase of prescription drugs by the health care
45clinic establishment is prohibited during any period of time
46when the establishment does not comply with this paragraph.
47     5.  A health care clinic establishment permit is not a
48pharmacy permit or otherwise subject to chapter 465. A health
49care clinic establishment that meets the criteria of a modified
50Class II institutional pharmacy under s. 465.019 is not eligible
51to be permitted under this paragraph.
52     6.  This paragraph does not prohibit a qualifying
53practitioner from purchasing prescription drugs.
54     7.  A business entity governed by s. 466.0285 may pay for
55prescription drugs obtained by a practitioner licensed under
56chapter 466 who is an owner of such business entity, and the
57licensed practitioner is deemed the purchaser and owner of the
58prescription drugs.
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T I T L E  A M E N D M E N T
65     Remove line 2 and insert:
66An act relating to public health; amending s. 499.01, F.S.;
67authorizing certain business entities to pay for certain
68prescription drugs under certain circumstances; amending s.
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CODING: Words stricken are deletions; words underlined are additions.