Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. SB 902
       
       
       
       
       
       
                                Barcode 137876                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/23/2009 04:25 PM       .                                
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       Senator Smith moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 283 and 284
    4  insert:
    5         Section 6. 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.A business entity governed by s. 466.0285 may pay for
   53  prescription drugs obtained by a practitioner licensed under
   54  chapter 466, and the licensed practitioner is deemed the
   55  purchaser and owner of the prescription drugs.
   56         7.6. This paragraph does not prohibit a qualifying
   57  practitioner from purchasing prescription drugs.
   58  
   59  ================= T I T L E  A M E N D M E N T ================
   60         And the title is amended as follows:
   61         Delete lines 2 - 18
   62  and insert:
   63         An act relating to public health; amending ss.
   64         381.855, 381.911, and 381.912, F.S.; conforming
   65         terminology to changes made by the act; amending s.
   66         381.98, F.S.; changing the name of the Florida Public
   67         Health Foundation, Inc., to the Florida Public Health
   68         Institute, Inc.; modifying the purpose of the
   69         institute; deleting the mission of the institute;
   70         revising the membership of the board of directors and
   71         the term of membership; deleting the duties of the
   72         institute to facilitate communication between
   73         biomedical researchers and health care providers, to
   74         provide an annual report of its finances, and to
   75         provide an annual report of its activities to the
   76         Governor and the Florida Center for Universal Research
   77         to Eradicate Disease; amending s. 381.981, F.S.;
   78         conforming terminology to changes made by the act;
   79         amending s. 499.01, F.S.; revising the criteria for
   80         health care clinic establishment permits; providing an
   81         effective date.