HB 585

1	A bill to be entitled
2	An act relating to pharmacy; amending s. 465.189, F.S.;
3	revising the types of vaccines that pharmacists are
4	authorized to administer; authorizing pharmacy interns to
5	administer the vaccines under certain circumstances;
6	authorizing pharmacists and pharmacy interns to administer
7	an epinephrine autoinjection under certain circumstances;
8	revising protocol requirements for vaccine administration
9	and the duties of supervising physicians under such
10	protocols; revising requirements for training programs,
11	certifications, and patient records related to vaccine
12	administration; amending s. 465.003, F.S.; revising
13	terminology to conform to changes made by the act;
14	providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Section 465.189, Florida Statutes, is amended
19	to read:
20	465.189  Administration of vaccines and epinephrine
21	autoinjection influenza virus immunizations.-
22	(1)  A pharmacist, and a pharmacy intern having proper
23	certification and working under the pharmacist's supervision,
24	Pharmacists may administer, influenza virus immunizations to
25	adults within the framework of an established protocol under a
26	supervising supervisory practitioner who is a physician licensed
27	under chapter 458 or chapter 459, the following:
28	(a)  Influenza vaccine to an adult 18 years of age or
29	older.
30	(b)  Varicella zoster vaccine to an adult 60 years of age
31	or older.
32	(c)  Pneumococcal vaccine to an adult 65 years of age or
33	older.
34	(d)  Epinephrine using an autoinjector delivery system to
35	an adult 18 years of age or older who is suffering an
36	anaphylactic reaction.
37
38	The Each protocol must shall contain specific procedures for
39	addressing any unforeseen adverse allergic reaction to the
40	vaccine or epinephrine autoinjection influenza virus
41	immunizations.
42	(2)  A pharmacist may not enter into a protocol unless he
43	or she maintains at least $200,000 of professional liability
44	insurance and has completed training on the vaccines and
45	epinephrine autoinjection in influenza virus immunizations as
46	provided in this section.
47	(3)  A pharmacist who administers, or whose pharmacy intern
48	administers, a vaccine or epinephrine autoinjection must
49	administering influenza virus immunizations shall maintain and
50	make available patient records using the same standards for
51	confidentiality and maintenance of such records as those that
52	are imposed on health care practitioners under s. 456.057. These
53	records must shall be maintained for a minimum of 5 years.
54	(4)  The decision by a supervising physician supervisory
55	practitioner to enter into a protocol under this section is a
56	professional decision on the part of the physician practitioner,
57	and a person may not interfere with a supervising
58	supervisory practitioner's decision to enter as to entering into
59	such a protocol. A pharmacist may not enter into a protocol that
60	is to be performed while acting as an employee without the
61	written approval of the owner of the pharmacy. Pharmacists shall
62	forward immunization records to the department for inclusion in
63	the state registry of immunization information.
64	(5)  Any pharmacist or pharmacy intern seeking to
65	administer a vaccine or epinephrine autoinjection influenza
66	virus immunizations to adults under this section must be
67	certified to administer the vaccine or epinephrine autoinjection
68	influenza virus immunizations pursuant to a certification
69	program approved by the Board of Pharmacy in consultation with
70	the Board of Medicine and the Board of Osteopathic Medicine. The
71	certification program shall, at a minimum, require that the
72	pharmacist or pharmacy intern attend at least 20 hours of
73	continuing education classes approved by the board. The program
74	shall have a curriculum of instruction concerning the safe and
75	effective administration of the vaccines listed in subsection
76	(1) and epinephrine autoinjection influenza virus immunizations,
77	including, but not limited to, potential adverse allergic
78	reactions to the vaccines or epinephrine autoinjection influenza
79	virus immunizations.
80	(6)  The written protocol between the pharmacist and
81	supervising physician must include particular terms and
82	conditions imposed by the supervising physician upon the
83	pharmacist relating to the administration of a vaccine or
84	epinephrine autoinjection influenza virus immunizations by the
85	pharmacist or pharmacy intern working under the pharmacist's
86	supervision. The written protocol must shall include, at a
87	minimum, specific categories and conditions among patients for
88	whom the supervising physician authorizes the pharmacist or
89	pharmacy intern to administer a vaccine or epinephrine
90	autoinjection influenza virus immunizations. The terms, scope,
91	and conditions set forth in the written protocol between the
92	pharmacist and the supervising physician must be appropriate to
93	the pharmacist's or pharmacy intern's training and certification
94	for the vaccine or epinephrine autoinjection immunization. A
95	pharmacist, or pharmacy intern working under the pharmacist's
96	supervision, Pharmacists who is have been delegated the
97	authority to administer a vaccine or epinephrine autoinjection
98	influenza virus immunizations by the supervising physician must
99	shall provide evidence of current certification by the Board of
100	Pharmacy to the supervising physician. A supervising physician
101	must physicians shall review the administration of the vaccine
102	or epinephrine autoinjection influenza virus immunizations by
103	the pharmacist, or a pharmacy intern working under the
104	pharmacist's supervision, pharmacists under such physician's
105	supervision pursuant to the written protocol, and this review
106	shall take place as outlined in the written protocol. The
107	process and schedule for the review shall be outlined in the
108	written protocol between the pharmacist and the supervising
109	physician.
110	(7)  The pharmacist shall submit to the Board of Pharmacy a
111	copy of his or her protocol or written agreement to administer
112	the vaccine or epinephrine autoinjection influenza virus
113	immunizations.
114	Section 2.  Subsection (13) of section 465.003, Florida
115	Statutes, is amended to read:
116	465.003  Definitions.-As used in this chapter, the term:
117	(13)  "Practice of the profession of pharmacy" includes
118	compounding, dispensing, and consulting concerning contents,
119	therapeutic values, and uses of any medicinal drug; consulting
120	concerning therapeutic values and interactions of patent or
121	proprietary preparations, whether pursuant to prescriptions or
122	in the absence and entirely independent of such prescriptions or
123	orders; and other pharmaceutical services. For purposes of this
124	subsection, "other pharmaceutical services" means the monitoring
125	of the patient's drug therapy and assisting the patient in the
126	management of his or her drug therapy, and includes review of
127	the patient's drug therapy and communication with the patient's
128	prescribing health care provider as licensed under chapter 458,
129	chapter 459, chapter 461, or chapter 466, or similar statutory
130	provision in another jurisdiction, or such provider's agent or
131	such other persons as specifically authorized by the patient,
132	regarding the drug therapy. However, nothing in this subsection
133	does not may be interpreted to permit an alteration of a
134	prescriber's directions, the diagnosis or treatment of any
135	disease, the initiation of any drug therapy, the practice of
136	medicine, or the practice of osteopathic medicine, unless
137	otherwise permitted by law. The term "practice of the profession
138	of pharmacy" also includes any other act, service, operation,
139	research, or transaction incidental to, or forming a part of,
140	any of the foregoing acts, requiring, involving, or employing
141	the science or art of any branch of the pharmaceutical
142	profession, study, or training, and shall expressly permit a
143	pharmacist to transmit information from persons authorized to
144	prescribe medicinal drugs to their patients. The term practice
145	of the profession of pharmacy also includes the administration
146	of certain vaccines and epinephrine autoinjection influenza
147	virus immunizations to adults pursuant to s. 465.189.
148	Section 3.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.