Florida Senate - 2009                              CS for SB 720
       
       
       
       By the Committee on Health Regulation; and Senators Peaden,
       Oelrich, and Sobel
       
       
       
       588-05179A-09                                          2009720c1
    1                        A bill to be entitled                      
    2         An act relating to supervisory physician requirements;
    3         amending ss. 458.347 and 459.022, F.S.; providing that
    4         a supervising physician may not be required to review
    5         and cosign a physician assistant’s charts or medical
    6         records; deleting certain supervisory physician
    7         requirements related to prescribing and dispensing
    8         medications noted in appropriate medical records;
    9         amending s. 458.348, F.S.; exempting offices at which
   10         laser hair removal is the exclusive service being
   11         performed from certain provisions requiring direct
   12         supervision by a physician; providing an effective
   13         date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (3) and paragraph (e) of subsection
   18  (4) of section 458.347, Florida Statutes, are amended to read:
   19         458.347 Physician assistants.—
   20         (3) PERFORMANCE OF SUPERVISING PHYSICIAN.—Each physician or
   21  group of physicians supervising a licensed physician assistant
   22  must be qualified in the medical areas in which the physician
   23  assistant is to perform and shall be individually or
   24  collectively responsible and liable for the performance and the
   25  acts and omissions of the physician assistant. A physician may
   26  not supervise more than four currently licensed physician
   27  assistants at any one time. A physician supervising a physician
   28  assistant pursuant to this section may not be required to review
   29  and cosign charts or medical records prepared by such physician
   30  assistant.
   31         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
   32         (e) A supervisory physician may delegate to a fully
   33  licensed physician assistant the authority to prescribe or
   34  dispense any medication used in the supervisory physician’s
   35  practice unless such medication is listed on the formulary
   36  created pursuant to paragraph (f). A fully licensed physician
   37  assistant may only prescribe or dispense such medication under
   38  the following circumstances:
   39         1. A physician assistant must clearly identify to the
   40  patient that he or she is a physician assistant. Furthermore,
   41  the physician assistant must inform the patient that the patient
   42  has the right to see the physician prior to any prescription
   43  being prescribed or dispensed by the physician assistant.
   44         2. The supervisory physician must notify the department of
   45  his or her intent to delegate, on a department-approved form,
   46  before delegating such authority and notify the department of
   47  any change in prescriptive privileges of the physician
   48  assistant. Authority to dispense may be delegated only by a
   49  supervising physician who is registered as a dispensing
   50  practitioner in compliance with s. 465.0276.
   51         3. The physician assistant must file with the department,
   52  before commencing to prescribe or dispense, evidence that he or
   53  she has completed a continuing medical education course of at
   54  least 3 classroom hours in prescriptive practice, conducted by
   55  an accredited program approved by the boards, which course
   56  covers the limitations, responsibilities, and privileges
   57  involved in prescribing medicinal drugs, or evidence that he or
   58  she has received education comparable to the continuing
   59  education course as part of an accredited physician assistant
   60  training program.
   61         4. The physician assistant must file with the department,
   62  before commencing to prescribe or dispense, evidence that the
   63  physician assistant has a minimum of 3 months of clinical
   64  experience in the specialty area of the supervising physician.
   65         5. The physician assistant must file with the department a
   66  signed affidavit that he or she has completed a minimum of 10
   67  continuing medical education hours in the specialty practice in
   68  which the physician assistant has prescriptive privileges with
   69  each licensure renewal application.
   70         6. The department shall issue a license and a prescriber
   71  number to the physician assistant granting authority for the
   72  prescribing of medicinal drugs authorized within this paragraph
   73  upon completion of the foregoing requirements. The physician
   74  assistant shall not be required to independently register
   75  pursuant to s. 465.0276.
   76         7. The prescription must be written in a form that complies
   77  with chapter 499 and must contain, in addition to the
   78  supervisory physician’s name, address, and telephone number, the
   79  physician assistant’s prescriber number. Unless it is a drug or
   80  drug sample dispensed by the physician assistant, the
   81  prescription must be filled in a pharmacy permitted under
   82  chapter 465 and must be dispensed in that pharmacy by a
   83  pharmacist licensed under chapter 465. The appearance of the
   84  prescriber number creates a presumption that the physician
   85  assistant is authorized to prescribe the medicinal drug and the
   86  prescription is valid.
   87         8. The physician assistant must note the prescription or
   88  dispensing of medication in the appropriate medical record, and
   89  the supervisory physician must review and sign each notation.
   90  For dispensing purposes only, the failure of the supervisory
   91  physician to comply with these requirements does not affect the
   92  validity of the prescription.
   93         9. This paragraph does not prohibit a supervisory physician
   94  from delegating to a physician assistant the authority to order
   95  medication for a hospitalized patient of the supervisory
   96  physician.
   97  
   98  This paragraph does not apply to facilities licensed pursuant to
   99  chapter 395.
  100         Section 2. Subsection (3) of section 458.348, Florida
  101  Statutes is republished, and paragraph (e) of subsection (4) of
  102  that section is amended to read:
  103         458.348 Formal supervisory relationships, standing orders,
  104  and established protocols; notice; standards.—
  105         (3) PROTOCOLS REQUIRING DIRECT SUPERVISION.—All protocols
  106  relating to electrolysis or electrology using laser or light
  107  based hair removal or reduction by persons other than physicians
  108  licensed under this chapter or chapter 459 shall require the
  109  person performing such service to be appropriately trained and
  110  work only under the direct supervision and responsibility of a
  111  physician licensed under this chapter or chapter 459.
  112         (4) SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE SETTINGS.—A
  113  physician who supervises an advanced registered nurse
  114  practitioner or physician assistant at a medical office other
  115  than the physician’s primary practice location, where the
  116  advanced registered nurse practitioner or physician assistant is
  117  not under the onsite supervision of a supervising physician,
  118  must comply with the standards set forth in this subsection. For
  119  the purpose of this subsection, a physician’s “primary practice
  120  location” means the address reflected on the physician’s profile
  121  published pursuant to s. 456.041.
  122         (e) This subsection does not apply to health care services
  123  provided in facilities licensed under chapter 395 or in
  124  conjunction with a college of medicine, a college of nursing, an
  125  accredited graduate medical program, or a nursing education
  126  program; offices where the only service being performed is hair
  127  removal by an advanced registered nurse practitioner or
  128  physician assistant; not-for-profit, family-planning clinics
  129  that are not licensed pursuant to chapter 390; rural and
  130  federally qualified health centers; health care services
  131  provided in a nursing home licensed under part II of chapter
  132  400, an assisted living facility licensed under part I of
  133  chapter 429, a continuing care facility licensed under chapter
  134  651, or a retirement community consisting of independent living
  135  units and a licensed nursing home or assisted living facility;
  136  anesthesia services provided in accordance with law; health care
  137  services provided in a designated rural health clinic; health
  138  care services provided to persons enrolled in a program designed
  139  to maintain elderly persons and persons with disabilities in a
  140  home or community-based setting; university primary care student
  141  health centers; school health clinics; or health care services
  142  provided in federal, state, or local government facilities.
  143  Subsection (3) and this subsection do not apply to offices at
  144  which the exclusive service being performed is laser hair
  145  removal by an advanced registered nurse practitioner or
  146  physician assistant.
  147         Section 3. Subsection (3) and paragraph (e) of subsection
  148  (4) and of section 459.022, Florida Statutes, are amended to
  149  read:
  150         459.022 Physician assistants.—
  151         (3) PERFORMANCE OF SUPERVISING PHYSICIAN.—Each physician or
  152  group of physicians supervising a licensed physician assistant
  153  must be qualified in the medical areas in which the physician
  154  assistant is to perform and shall be individually or
  155  collectively responsible and liable for the performance and the
  156  acts and omissions of the physician assistant. A physician may
  157  not supervise more than four currently licensed physician
  158  assistants at any one time. A physician supervising a physician
  159  assistant pursuant to this section may not be required to review
  160  and cosign charts or medical records prepared by such physician
  161  assistant.
  162         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  163         (e) A supervisory physician may delegate to a fully
  164  licensed physician assistant the authority to prescribe or
  165  dispense any medication used in the supervisory physician’s
  166  practice unless such medication is listed on the formulary
  167  created pursuant to s. 458.347. A fully licensed physician
  168  assistant may only prescribe or dispense such medication under
  169  the following circumstances:
  170         1. A physician assistant must clearly identify to the
  171  patient that she or he is a physician assistant. Furthermore,
  172  the physician assistant must inform the patient that the patient
  173  has the right to see the physician prior to any prescription
  174  being prescribed or dispensed by the physician assistant.
  175         2. The supervisory physician must notify the department of
  176  her or his intent to delegate, on a department-approved form,
  177  before delegating such authority and notify the department of
  178  any change in prescriptive privileges of the physician
  179  assistant. Authority to dispense may be delegated only by a
  180  supervisory physician who is registered as a dispensing
  181  practitioner in compliance with s. 465.0276.
  182         3. The physician assistant must file with the department,
  183  before commencing to prescribe or dispense, evidence that she or
  184  he has completed a continuing medical education course of at
  185  least 3 classroom hours in prescriptive practice, conducted by
  186  an accredited program approved by the boards, which course
  187  covers the limitations, responsibilities, and privileges
  188  involved in prescribing medicinal drugs, or evidence that she or
  189  he has received education comparable to the continuing education
  190  course as part of an accredited physician assistant training
  191  program.
  192         4. The physician assistant must file with the department,
  193  before commencing to prescribe or dispense, evidence that the
  194  physician assistant has a minimum of 3 months of clinical
  195  experience in the specialty area of the supervising physician.
  196         5. The physician assistant must file with the department a
  197  signed affidavit that she or he has completed a minimum of 10
  198  continuing medical education hours in the specialty practice in
  199  which the physician assistant has prescriptive privileges with
  200  each licensure renewal application.
  201         6. The department shall issue a license and a prescriber
  202  number to the physician assistant granting authority for the
  203  prescribing of medicinal drugs authorized within this paragraph
  204  upon completion of the foregoing requirements. The physician
  205  assistant shall not be required to independently register
  206  pursuant to s. 465.0276.
  207         7. The prescription must be written in a form that complies
  208  with chapter 499 and must contain, in addition to the
  209  supervisory physician’s name, address, and telephone number, the
  210  physician assistant’s prescriber number. Unless it is a drug or
  211  drug sample dispensed by the physician assistant, the
  212  prescription must be filled in a pharmacy permitted under
  213  chapter 465, and must be dispensed in that pharmacy by a
  214  pharmacist licensed under chapter 465. The appearance of the
  215  prescriber number creates a presumption that the physician
  216  assistant is authorized to prescribe the medicinal drug and the
  217  prescription is valid.
  218         8. The physician assistant must note the prescription or
  219  dispensing of medication in the appropriate medical record, and
  220  the supervisory physician must review and sign each notation.
  221  For dispensing purposes only, the failure of the supervisory
  222  physician to comply with these requirements does not affect the
  223  validity of the prescription.
  224         9. This paragraph does not prohibit a supervisory physician
  225  from delegating to a physician assistant the authority to order
  226  medication for a hospitalized patient of the supervisory
  227  physician.
  228  
  229  This paragraph does not apply to facilities licensed pursuant to
  230  chapter 395.
  231         Section 4. This act shall take effect July 1, 2009.