Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 1230
Ì730402eÎ730402
LEGISLATIVE ACTION
Senate . House
Comm: RE .
04/02/2014 .
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following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (3), paragraph (e) of subsection (4),
6 and paragraphs (a), (c), and (e) of subsection (7) of section
7 458.347, Florida Statutes, are amended to read:
8 458.347 Physician assistants.—
9 (3) PERFORMANCE OF SUPERVISING PHYSICIAN.—Each physician or
10 group of physicians supervising a licensed physician assistant
11 must be qualified in the medical areas in which the physician
12 assistant is to perform and shall be individually or
13 collectively responsible and liable for the performance and the
14 acts and omissions of the physician assistant. A physician may
15 not supervise more than five four currently licensed physician
16 assistants at any one time. A physician supervising a physician
17 assistant pursuant to this section may not be required to review
18 and cosign charts or medical records prepared by such physician
19 assistant. Notwithstanding this subsection, a physician may only
20 supervise up to four physician assistants in an office regulated
21 under s. 458.348(4)(c) or s. 459.025(3)(c).
22 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
23 (e) A supervisory physician may delegate to a fully
24 licensed physician assistant the authority to prescribe or
25 dispense any medication used in the supervisory physician’s
26 practice unless such medication is listed on the formulary
27 created pursuant to paragraph (f). A fully licensed physician
28 assistant may only prescribe or dispense such medication under
29 the following circumstances:
30 1. A physician assistant must clearly identify to the
31 patient that he or she is a physician assistant. Furthermore,
32 the physician assistant must inform the patient that the patient
33 has the right to see the physician prior to any prescription
34 being prescribed or dispensed by the physician assistant.
35 2. The supervisory physician must notify the department of
36 his or her intent to delegate, on a department-approved form,
37 before delegating such authority and notify the department of
38 any change in prescriptive privileges of the physician
39 assistant. Authority to dispense may be delegated only by a
40 supervising physician who is registered as a dispensing
41 practitioner in compliance with s. 465.0276.
42 3. The physician assistant must certify to file with the
43 department a signed affidavit that he or she has completed a
44 minimum of 10 continuing medical education hours in the
45 specialty practice in which the physician assistant has
46 prescriptive privileges with each licensure renewal application.
47 4. The department may issue a prescriber number to the
48 physician assistant granting authority for the prescribing of
49 medicinal drugs authorized within this paragraph upon completion
50 of the foregoing requirements. The physician assistant shall not
51 be required to independently register pursuant to s. 465.0276.
52 5. The prescription may must be written or electronic, but
53 must be in a form that complies with ss. 456.0392(1) and
54 456.42(1), chapter 499 and must contain, in addition to the
55 supervisory physician’s name, address, and telephone number, the
56 physician assistant’s prescriber number. Unless it is a drug or
57 drug sample dispensed by the physician assistant, the
58 prescription must be filled in a pharmacy permitted under
59 chapter 465 and must be dispensed in that pharmacy by a
60 pharmacist licensed under chapter 465. The appearance of the
61 prescriber number creates a presumption that the physician
62 assistant is authorized to prescribe the medicinal drug and the
63 prescription is valid.
64 6. The physician assistant must note the prescription or
65 dispensing of medication in the appropriate medical record.
66 (7) PHYSICIAN ASSISTANT LICENSURE.—
67 (a) Any person desiring to be licensed as a physician
68 assistant must apply to the department. The department shall
69 issue a license to any person certified by the council as having
70 met the following requirements:
71 1. Is at least 18 years of age.
72 2. Has satisfactorily passed a proficiency examination by
73 an acceptable score established by the National Commission on
74 Certification of Physician Assistants. If an applicant does not
75 hold a current certificate issued by the National Commission on
76 Certification of Physician Assistants and has not actively
77 practiced as a physician assistant within the immediately
78 preceding 4 years, the applicant must retake and successfully
79 complete the entry-level examination of the National Commission
80 on Certification of Physician Assistants to be eligible for
81 licensure.
82 3. Has completed the application form and remitted an
83 application fee not to exceed $300 as set by the boards. An
84 application for licensure made by a physician assistant must
85 include:
86 a. A certificate of completion of a physician assistant
87 training program specified in subsection (6).
88 b. A sworn statement of any prior felony convictions.
89 c. A sworn statement of any previous revocation or denial
90 of licensure or certification in any state.
91 d. Two letters of recommendation.
92 d.e. A copy of course transcripts and a copy of the course
93 description from a physician assistant training program
94 describing course content in pharmacotherapy, if the applicant
95 wishes to apply for prescribing authority. These documents must
96 meet the evidence requirements for prescribing authority.
97 e. As of January 1, 2015, for physician assistants seeking
98 initial licensure, fingerprints pursuant to the procedures
99 established in s. 456.0135.
100 (c) The license must be renewed biennially. Each renewal
101 must include:
102 1. A renewal fee not to exceed $500 as set by the boards.
103 2. A sworn statement of no felony convictions in the
104 previous 2 years.
105 (e) Upon employment as a physician assistant, a licensed
106 physician assistant must notify the department in writing within
107 30 days after such employment and provide or after any
108 subsequent changes in the supervising physician. The
109 notification must include the full name, Florida medical license
110 number, specialty, and address of a designated the supervising
111 physician. Any subsequent change in the designated supervising
112 physician shall be reported by the physician assistant to the
113 department within 30 days after the change. The assignment of a
114 designated supervising physician does not preclude a physician
115 assistant from practicing under multiple supervising physicians.
116 Section 2. Subsection (3), paragraph (e) of subsection (4),
117 and paragraphs (a), (b), and (d) of subsection (7) of section
118 459.022, Florida Statutes, are amended to read:
119 459.022 Physician assistants.—
120 (3) PERFORMANCE OF SUPERVISING PHYSICIAN.—Each physician or
121 group of physicians supervising a licensed physician assistant
122 must be qualified in the medical areas in which the physician
123 assistant is to perform and shall be individually or
124 collectively responsible and liable for the performance and the
125 acts and omissions of the physician assistant. A physician may
126 not supervise more than five four currently licensed physician
127 assistants at any one time. A physician supervising a physician
128 assistant pursuant to this section may not be required to review
129 and cosign charts or medical records prepared by such physician
130 assistant. Notwithstanding this subsection, a physician may only
131 supervise up to four physician assistants in an office regulated
132 under s. 458.348(4)(c) or s. 459.025(3)(c).
133 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
134 (e) A supervisory physician may delegate to a fully
135 licensed physician assistant the authority to prescribe or
136 dispense any medication used in the supervisory physician’s
137 practice unless such medication is listed on the formulary
138 created pursuant to s. 458.347. A fully licensed physician
139 assistant may only prescribe or dispense such medication under
140 the following circumstances:
141 1. A physician assistant must clearly identify to the
142 patient that she or he is a physician assistant. Furthermore,
143 the physician assistant must inform the patient that the patient
144 has the right to see the physician prior to any prescription
145 being prescribed or dispensed by the physician assistant.
146 2. The supervisory physician must notify the department of
147 her or his intent to delegate, on a department-approved form,
148 before delegating such authority and notify the department of
149 any change in prescriptive privileges of the physician
150 assistant. Authority to dispense may be delegated only by a
151 supervisory physician who is registered as a dispensing
152 practitioner in compliance with s. 465.0276.
153 3. The physician assistant must certify to file with the
154 department a signed affidavit that she or he has completed a
155 minimum of 10 continuing medical education hours in the
156 specialty practice in which the physician assistant has
157 prescriptive privileges with each licensure renewal application.
158 4. The department may issue a prescriber number to the
159 physician assistant granting authority for the prescribing of
160 medicinal drugs authorized within this paragraph upon completion
161 of the foregoing requirements. The physician assistant shall not
162 be required to independently register pursuant to s. 465.0276.
163 5. The prescription may must be written or electronic, but
164 must be in a form that complies with ss. 456.0392(1) and
165 456.42(1) chapter 499 and must contain, in addition to the
166 supervisory physician’s name, address, and telephone number, the
167 physician assistant’s prescriber number. Unless it is a drug or
168 drug sample dispensed by the physician assistant, the
169 prescription must be filled in a pharmacy permitted under
170 chapter 465, and must be dispensed in that pharmacy by a
171 pharmacist licensed under chapter 465. The appearance of the
172 prescriber number creates a presumption that the physician
173 assistant is authorized to prescribe the medicinal drug and the
174 prescription is valid.
175 6. The physician assistant must note the prescription or
176 dispensing of medication in the appropriate medical record.
177 (7) PHYSICIAN ASSISTANT LICENSURE.—
178 (a) Any person desiring to be licensed as a physician
179 assistant must apply to the department. The department shall
180 issue a license to any person certified by the council as having
181 met the following requirements:
182 1. Is at least 18 years of age.
183 2. Has satisfactorily passed a proficiency examination by
184 an acceptable score established by the National Commission on
185 Certification of Physician Assistants. If an applicant does not
186 hold a current certificate issued by the National Commission on
187 Certification of Physician Assistants and has not actively
188 practiced as a physician assistant within the immediately
189 preceding 4 years, the applicant must retake and successfully
190 complete the entry-level examination of the National Commission
191 on Certification of Physician Assistants to be eligible for
192 licensure.
193 3. Has completed the application form and remitted an
194 application fee not to exceed $300 as set by the boards. An
195 application for licensure made by a physician assistant must
196 include:
197 a. A certificate of completion of a physician assistant
198 training program specified in subsection (6).
199 b. A sworn statement of any prior felony convictions.
200 c. A sworn statement of any previous revocation or denial
201 of licensure or certification in any state.
202 d. Two letters of recommendation.
203 d.e. A copy of course transcripts and a copy of the course
204 description from a physician assistant training program
205 describing course content in pharmacotherapy, if the applicant
206 wishes to apply for prescribing authority. These documents must
207 meet the evidence requirements for prescribing authority.
208 e. As of January 1, 2015, for physician assistants seeking
209 initial licensure, fingerprints pursuant to the procedures
210 established in s. 456.0135.
211 (b) The licensure must be renewed biennially. Each renewal
212 must include:
213 1. A renewal fee not to exceed $500 as set by the boards.
214 2. A sworn statement of no felony convictions in the
215 previous 2 years.
216 (d) Upon employment as a physician assistant, a licensed
217 physician assistant must notify the department in writing within
218 30 days after such employment and provide or after any
219 subsequent changes in the supervising physician. The
220 notification must include the full name, Florida medical license
221 number, specialty, and address of a designated the supervising
222 physician. Any subsequent change in the designated supervising
223 physician shall be reported by the physician assistant to the
224 department within 30 days after the change. The assignment of a
225 designated supervising physician does not preclude a physician
226 assistant from practicing under multiple supervising physicians.
227 Section 3. This act shall take effect July 1, 2014.
228
229 ================= T I T L E A M E N D M E N T ================
230 And the title is amended as follows:
231 Delete everything before the enacting clause
232 and insert:
233 A bill to be entitled
234 An act relating to physician assistants; amending ss.
235 458.347 and 459.022, F.S.; increasing the number of
236 licensed physician assistants that a physician may
237 supervise at any one time; providing an exception;
238 revising circumstances under which a physician
239 assistant is authorized to prescribe or dispense
240 medication; specifying that a prescription may be in
241 written or electronic form and must meet certain
242 requirements; revising application requirements for
243 licensure as a physician assistant and license
244 renewal; revising the notification requirements for a
245 physician assistant to the Department of Health upon
246 employment as a physician assistant; providing an
247 effective date.