Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 398
       
       
       
       
       
       
                                Barcode 841286                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/21/2013           .                                
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       The Committee on Health Policy (Bean) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (e) of subsection (4) of section
    6  458.347, Florida Statutes, is amended, and paragraph (g) is
    7  added to that subsection, to read:
    8         458.347 Physician assistants.—
    9         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
   10         (e) A supervisory physician may delegate to a fully
   11  licensed physician assistant the authority to prescribe or
   12  dispense any medication used in the supervisory physician’s
   13  practice unless such medication is listed on the formulary
   14  created pursuant to paragraph (f). A fully licensed physician
   15  assistant may only prescribe or dispense such medication under
   16  the following circumstances:
   17         1. A physician assistant must clearly identify to the
   18  patient that he or she is a physician assistant. Furthermore,
   19  the physician assistant must inform the patient that the patient
   20  has the right to see the physician prior to any prescription
   21  being prescribed or dispensed by the physician assistant.
   22         2. The supervisory physician must notify the department of
   23  his or her intent to delegate, on a department-approved form,
   24  before delegating such authority and notify the department of
   25  any change in prescriptive privileges of the physician
   26  assistant. Authority to dispense may be delegated only by a
   27  supervising physician who is registered as a dispensing
   28  practitioner in compliance with s. 465.0276.
   29         3. The physician assistant must file with the department a
   30  signed affidavit that he or she has completed a minimum of 10
   31  continuing medical education hours in the specialty practice in
   32  which the physician assistant has prescriptive privileges with
   33  each licensure renewal application.
   34         4. The department may issue a prescriber number to the
   35  physician assistant granting authority for the prescribing of
   36  medicinal drugs authorized within this paragraph upon completion
   37  of the foregoing requirements. The physician assistant shall not
   38  be required to independently register pursuant to s. 465.0276.
   39         5. The prescription must be written in a form that complies
   40  with chapter 499 and must contain, in addition to the
   41  supervisory physician’s name, address, and telephone number, the
   42  physician assistant’s prescriber number. Unless it is a drug or
   43  drug sample dispensed by the physician assistant, the
   44  prescription must be filled in a pharmacy permitted under
   45  chapter 465 and must be dispensed in that pharmacy by a
   46  pharmacist licensed under chapter 465. The appearance of the
   47  prescriber number creates a presumption that the physician
   48  assistant is authorized to prescribe the medicinal drug and the
   49  prescription is valid.
   50         6. The physician assistant must note the prescription or
   51  dispensing of medication in the appropriate medical record.
   52         7. This paragraph does not prohibit a supervisory physician
   53  from delegating to a physician assistant the authority to order
   54  medication for a hospitalized patient of the supervisory
   55  physician.
   56  
   57  This paragraph does not apply to facilities licensed pursuant to
   58  chapter 395.
   59         (g) A supervisory physician may delegate to a licensed
   60  physician assistant the authority to order medications for the
   61  supervisory physician’s patient in a facility licensed under
   62  chapter 395, notwithstanding any provisions in chapter 465 or
   63  chapter 893 which may prohibit this delegation. For the purpose
   64  of this paragraph, an order is not considered a prescription. A
   65  licensed physician assistant working in a facility that is
   66  licensed under chapter 395 may order any medication under the
   67  direction of the supervisory physician.
   68         Section 2. Paragraph (e) of subsection (4) of section
   69  459.022, Florida Statutes, is amended, and paragraph (f) is
   70  added to that subsection, to read:
   71         459.022 Physician assistants.—
   72         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
   73         (e) A supervisory physician may delegate to a fully
   74  licensed physician assistant the authority to prescribe or
   75  dispense any medication used in the supervisory physician’s
   76  practice unless such medication is listed on the formulary
   77  created pursuant to s. 458.347. A fully licensed physician
   78  assistant may only prescribe or dispense such medication under
   79  the following circumstances:
   80         1. A physician assistant must clearly identify to the
   81  patient that she or he is a physician assistant. Furthermore,
   82  the physician assistant must inform the patient that the patient
   83  has the right to see the physician prior to any prescription
   84  being prescribed or dispensed by the physician assistant.
   85         2. The supervisory physician must notify the department of
   86  her or his intent to delegate, on a department-approved form,
   87  before delegating such authority and notify the department of
   88  any change in prescriptive privileges of the physician
   89  assistant. Authority to dispense may be delegated only by a
   90  supervisory physician who is registered as a dispensing
   91  practitioner in compliance with s. 465.0276.
   92         3. The physician assistant must file with the department a
   93  signed affidavit that she or he has completed a minimum of 10
   94  continuing medical education hours in the specialty practice in
   95  which the physician assistant has prescriptive privileges with
   96  each licensure renewal application.
   97         4. The department may issue a prescriber number to the
   98  physician assistant granting authority for the prescribing of
   99  medicinal drugs authorized within this paragraph upon completion
  100  of the foregoing requirements. The physician assistant shall not
  101  be required to independently register pursuant to s. 465.0276.
  102         5. The prescription must be written in a form that complies
  103  with chapter 499 and must contain, in addition to the
  104  supervisory physician’s name, address, and telephone number, the
  105  physician assistant’s prescriber number. Unless it is a drug or
  106  drug sample dispensed by the physician assistant, the
  107  prescription must be filled in a pharmacy permitted under
  108  chapter 465, and must be dispensed in that pharmacy by a
  109  pharmacist licensed under chapter 465. The appearance of the
  110  prescriber number creates a presumption that the physician
  111  assistant is authorized to prescribe the medicinal drug and the
  112  prescription is valid.
  113         6. The physician assistant must note the prescription or
  114  dispensing of medication in the appropriate medical record.
  115         7. This paragraph does not prohibit a supervisory physician
  116  from delegating to a physician assistant the authority to order
  117  medication for a hospitalized patient of the supervisory
  118  physician.
  119  
  120  This paragraph does not apply to facilities licensed pursuant to
  121  chapter 395.
  122         (f) A supervisory physician may delegate to a licensed
  123  physician assistant the authority to order medications for the
  124  supervisory physician’s patient in a facility licensed under
  125  chapter 395, notwithstanding any provisions in chapter 465 or
  126  chapter 893 which may prohibit this delegation. For the purpose
  127  of this paragraph, an order is not considered a prescription. A
  128  licensed physician assistant working in a facility that is
  129  licensed under chapter 395 may order any medication under the
  130  direction of the supervisory physician.
  131         Section 3. This act shall take effect July 1, 2013.
  132  
  133  ================= T I T L E  A M E N D M E N T ================
  134         And the title is amended as follows:
  135         Delete everything before the enacting clause
  136  and insert:
  137                        A bill to be entitled                      
  138         An act relating to physician assistants; amending ss.
  139         458.347 and 459.022, F.S.; authorizing a supervisory
  140         physician to delegate to a licensed physician
  141         assistant the authority to order medications for the
  142         supervisory physician’s patient in a facility licensed
  143         under ch. 395, F.S.; deleting provisions to conform to
  144         changes made by the act; providing that an order is
  145         not a prescription; authorizing a licensed physician
  146         assistant to order medication under the direction of
  147         the supervisory physician; providing an effective
  148         date.