Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. SB 1006 Barcode 549850 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/27/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Regulation (Jones) recommended the following: 1 Senate Amendment to Amendment (416374) (with directory and 2 title amendments) 3 4 Between lines 150 and 151 5 insert: 6 (t) Health care clinic establishment permit.—Effective 7 January 1, 2009, a health care clinic establishment permit is 8 required for the purchase of a prescription drug by a place of 9 business at one general physical location that provides health 10 care or veterinary services, which is owned and operated by a 11 business entity that has been issued a federal employer tax 12 identification number. For the purpose of this paragraph, the 13 term “qualifying practitioner” means a licensed health care 14 practitioner defined in s. 456.001, or a veterinarian licensed 15 under chapter 474, who is authorized under the appropriate 16 practice act to prescribe and administer a prescription drug. 17 1. An establishment must provide, as part of the 18 application required under s. 499.012, designation of a 19 qualifying practitioner who will be responsible for complying 20 with all legal and regulatory requirements related to the 21 purchase, recordkeeping, storage, and handling of the 22 prescription drugs. In addition, the designated qualifying 23 practitioner shall be the practitioner whose name, establishment 24 address, and license number is used on all distribution 25 documents for prescription drugs purchased or returned by the 26 health care clinic establishment. Upon initial appointment of a 27 qualifying practitioner, the qualifying practitioner and the 28 health care clinic establishment shall notify the department on 29 a form furnished by the department within 10 days after such 30 employment. In addition, the qualifying practitioner and health 31 care clinic establishment shall notify the department within 10 32 days after any subsequent change. 33 2. The health care clinic establishment must employ a 34 qualifying practitioner at each establishment. 35 3. In addition to the remedies and penalties provided in 36 this part, a violation of this chapter by the health care clinic 37 establishment or qualifying practitioner constitutes grounds for 38 discipline of the qualifying practitioner by the appropriate 39 regulatory board. 40 4. The purchase of prescription drugs by the health care 41 clinic establishment is prohibited during any period of time 42 when the establishment does not comply with this paragraph. 43 5. A health care clinic establishment permit is not a 44 pharmacy permit or otherwise subject to chapter 465. A health 45 care clinic establishment that meets the criteria of a modified 46 Class II institutional pharmacy under s. 465.019 is not eligible 47 to be permitted under this paragraph. 48 6. This paragraph does not apply to the purchase of a 49 prescription drug by a licensed practitioner under his or her 50 license. A professional corporation or limited liability company 51 composed of dentists and operating as authorized in s. 466.0285 52 may pay for prescription drugs obtained by a practitioner 53 licensed under chapter 466, and the licensed practitioner is 54 deemed the purchaser and owner of the prescription drugs. 55 56 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 57 And the directory clause is amended as follows: 58 Delete line 57 59 and insert: 60 Section 2. Paragraphs (c), (e), and (t) of subsection (2) 61 of 62 63 ================= T I T L E A M E N D M E N T ================ 64 And the title is amended as follows: 65 Delete line 274 66 and insert: 67 intracompany sale or transfer of prescription drugs; 68 authorizing certain business entities to pay for 69 prescription drugs obtained by practitioners licensed 70 under ch. 466, F.S.;