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.