Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 614
       
       
       
       
       
       
                                Ì395678dÎ395678                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2015           .                                
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       The Committee on Rules (Soto) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (7) of section 110.12315, Florida
    6  Statutes, is amended to read:
    7         110.12315 Prescription drug program.—The state employees’
    8  prescription drug program is established. This program shall be
    9  administered by the Department of Management Services, according
   10  to the terms and conditions of the plan as established by the
   11  relevant provisions of the annual General Appropriations Act and
   12  implementing legislation, subject to the following conditions:
   13         (7) The department shall establish the reimbursement
   14  schedule for prescription pharmaceuticals dispensed under the
   15  program. Reimbursement rates for a prescription pharmaceutical
   16  must be based on the cost of the generic equivalent drug if a
   17  generic equivalent exists, unless the physician, advanced
   18  registered nurse practitioner, or physician assistant
   19  prescribing the pharmaceutical clearly states on the
   20  prescription that the brand name drug is medically necessary or
   21  that the drug product is included on the formulary of drug
   22  products that may not be interchanged as provided in chapter
   23  465, in which case reimbursement must be based on the cost of
   24  the brand name drug as specified in the reimbursement schedule
   25  adopted by the department.
   26         Section 2. Paragraph (c) of subsection (1) of section
   27  310.071, Florida Statutes, is amended, and subsection (3) of
   28  that section is republished, to read:
   29         310.071 Deputy pilot certification.—
   30         (1) In addition to meeting other requirements specified in
   31  this chapter, each applicant for certification as a deputy pilot
   32  must:
   33         (c) Be in good physical and mental health, as evidenced by
   34  documentary proof of having satisfactorily passed a complete
   35  physical examination administered by a licensed physician within
   36  the preceding 6 months. The board shall adopt rules to establish
   37  requirements for passing the physical examination, which rules
   38  shall establish minimum standards for the physical or mental
   39  capabilities necessary to carry out the professional duties of a
   40  certificated deputy pilot. Such standards shall include zero
   41  tolerance for any controlled substance regulated under chapter
   42  893 unless that individual is under the care of a physician,
   43  advanced registered nurse practitioner, or physician assistant
   44  and that controlled substance was prescribed by that physician,
   45  advanced registered nurse practitioner, or physician assistant.
   46  To maintain eligibility as a certificated deputy pilot, each
   47  certificated deputy pilot must annually provide documentary
   48  proof of having satisfactorily passed a complete physical
   49  examination administered by a licensed physician. The physician
   50  must know the minimum standards and certify that the
   51  certificateholder satisfactorily meets the standards. The
   52  standards for certificateholders shall include a drug test.
   53         (3) The initial certificate issued to a deputy pilot shall
   54  be valid for a period of 12 months, and at the end of this
   55  period, the certificate shall automatically expire and shall not
   56  be renewed. During this period, the board shall thoroughly
   57  evaluate the deputy pilot’s performance for suitability to
   58  continue training and shall make appropriate recommendations to
   59  the department. Upon receipt of a favorable recommendation by
   60  the board, the department shall issue a certificate to the
   61  deputy pilot, which shall be valid for a period of 2 years. The
   62  certificate may be renewed only two times, except in the case of
   63  a fully licensed pilot who is cross-licensed as a deputy pilot
   64  in another port, and provided the deputy pilot meets the
   65  requirements specified for pilots in paragraph (1)(c).
   66         Section 3. Subsection (3) of section 310.073, Florida
   67  Statutes, is amended to read:
   68         310.073 State pilot licensing.—In addition to meeting other
   69  requirements specified in this chapter, each applicant for
   70  license as a state pilot must:
   71         (3) Be in good physical and mental health, as evidenced by
   72  documentary proof of having satisfactorily passed a complete
   73  physical examination administered by a licensed physician within
   74  the preceding 6 months. The board shall adopt rules to establish
   75  requirements for passing the physical examination, which rules
   76  shall establish minimum standards for the physical or mental
   77  capabilities necessary to carry out the professional duties of a
   78  licensed state pilot. Such standards shall include zero
   79  tolerance for any controlled substance regulated under chapter
   80  893 unless that individual is under the care of a physician,
   81  advanced registered nurse practitioner, or physician assistant
   82  and that controlled substance was prescribed by that physician,
   83  advanced registered nurse practitioner, or physician assistant.
   84  To maintain eligibility as a licensed state pilot, each licensed
   85  state pilot must annually provide documentary proof of having
   86  satisfactorily passed a complete physical examination
   87  administered by a licensed physician. The physician must know
   88  the minimum standards and certify that the licensee
   89  satisfactorily meets the standards. The standards for licensees
   90  shall include a drug test.
   91         Section 4. Paragraph (b) of subsection (3) of section
   92  310.081, Florida Statutes, is amended to read:
   93         310.081 Department to examine and license state pilots and
   94  certificate deputy pilots; vacancies.—
   95         (3) Pilots shall hold their licenses or certificates
   96  pursuant to the requirements of this chapter so long as they:
   97         (b) Are in good physical and mental health as evidenced by
   98  documentary proof of having satisfactorily passed a physical
   99  examination administered by a licensed physician or physician
  100  assistant within each calendar year. The board shall adopt rules
  101  to establish requirements for passing the physical examination,
  102  which rules shall establish minimum standards for the physical
  103  or mental capabilities necessary to carry out the professional
  104  duties of a licensed state pilot or a certificated deputy pilot.
  105  Such standards shall include zero tolerance for any controlled
  106  substance regulated under chapter 893 unless that individual is
  107  under the care of a physician, advanced registered nurse
  108  practitioner, or physician assistant and that controlled
  109  substance was prescribed by that physician, advanced registered
  110  nurse practitioner, or physician assistant. To maintain
  111  eligibility as a certificated deputy pilot or licensed state
  112  pilot, each certificated deputy pilot or licensed state pilot
  113  must annually provide documentary proof of having satisfactorily
  114  passed a complete physical examination administered by a
  115  licensed physician. The physician must know the minimum
  116  standards and certify that the certificateholder or licensee
  117  satisfactorily meets the standards. The standards for
  118  certificateholders and for licensees shall include a drug test.
  119  
  120  Upon resignation or in the case of disability permanently
  121  affecting a pilot’s ability to serve, the state license or
  122  certificate issued under this chapter shall be revoked by the
  123  department.
  124         Section 5. Section 383.336, Florida Statutes, is repealed.
  125         Section 6. Section 395.1051, Florida Statutes, is amended
  126  to read:
  127         395.1051 Duty to notify patients and physicians.—
  128         (1) An appropriately trained person designated by each
  129  licensed facility shall inform each patient, or an individual
  130  identified pursuant to s. 765.401(1), in person about adverse
  131  incidents that result in serious harm to the patient.
  132  Notification of outcomes of care that result in harm to the
  133  patient under this section does shall not constitute an
  134  acknowledgment or admission of liability and may not, nor can it
  135  be introduced as evidence.
  136         (2) A hospital shall notify each obstetrical physician who
  137  has privileges at the hospital at least 90 days before the
  138  hospital closes its obstetrical department or ceases to provide
  139  obstetrical services.
  140         Section 7. Subsection (7) of section 456.072, Florida
  141  Statutes, is amended to read:
  142         456.072 Grounds for discipline; penalties; enforcement.—
  143         (7) Notwithstanding subsection (2), upon a finding that a
  144  physician has prescribed or dispensed a controlled substance, or
  145  caused a controlled substance to be prescribed or dispensed, in
  146  a manner that violates the standard of practice set forth in s.
  147  458.331(1)(q) or (t), s. 459.015(1)(t) or (x), s. 461.013(1)(o)
  148  or (s), or s. 466.028(1)(p) or (x), or that an advanced
  149  registered nurse practitioner has prescribed or dispensed a
  150  controlled substance, or caused a controlled substance to be
  151  prescribed or dispensed in a manner that violates the standard
  152  of practice set forth in s. 464.018(1)(n) or s. 464.018(1)(p)6.,
  153  the physician or advanced registered nurse practitioner shall be
  154  suspended for a period of not less than 6 months and pay a fine
  155  of not less than $10,000 per count. Repeated violations shall
  156  result in increased penalties.
  157         Section 8. Subsections (2) and (3) of section 456.44,
  158  Florida Statutes, are amended to read:
  159         456.44 Controlled substance prescribing.—
  160         (2) REGISTRATION.—Effective January 1, 2012, A physician
  161  licensed under chapter 458, chapter 459, chapter 461, or chapter
  162  466, a physician assistant licensed under chapter 458 or chapter
  163  459, or an advanced registered nurse practitioner certified
  164  under part I of chapter 464 who prescribes any controlled
  165  substance, listed in Schedule II, Schedule III, or Schedule IV
  166  as defined in s. 893.03, for the treatment of chronic
  167  nonmalignant pain, must:
  168         (a) Designate himself or herself as a controlled substance
  169  prescribing practitioner on his or her the physician’s
  170  practitioner profile.
  171         (b) Comply with the requirements of this section and
  172  applicable board rules.
  173         (3) STANDARDS OF PRACTICE.—The standards of practice in
  174  this section do not supersede the level of care, skill, and
  175  treatment recognized in general law related to health care
  176  licensure.
  177         (a) A complete medical history and a physical examination
  178  must be conducted before beginning any treatment and must be
  179  documented in the medical record. The exact components of the
  180  physical examination shall be left to the judgment of the
  181  registrant clinician who is expected to perform a physical
  182  examination proportionate to the diagnosis that justifies a
  183  treatment. The medical record must, at a minimum, document the
  184  nature and intensity of the pain, current and past treatments
  185  for pain, underlying or coexisting diseases or conditions, the
  186  effect of the pain on physical and psychological function, a
  187  review of previous medical records, previous diagnostic studies,
  188  and history of alcohol and substance abuse. The medical record
  189  shall also document the presence of one or more recognized
  190  medical indications for the use of a controlled substance. Each
  191  registrant must develop a written plan for assessing each
  192  patient’s risk of aberrant drug-related behavior, which may
  193  include patient drug testing. Registrants must assess each
  194  patient’s risk for aberrant drug-related behavior and monitor
  195  that risk on an ongoing basis in accordance with the plan.
  196         (b) Each registrant must develop a written individualized
  197  treatment plan for each patient. The treatment plan shall state
  198  objectives that will be used to determine treatment success,
  199  such as pain relief and improved physical and psychosocial
  200  function, and shall indicate if any further diagnostic
  201  evaluations or other treatments are planned. After treatment
  202  begins, the registrant physician shall adjust drug therapy to
  203  the individual medical needs of each patient. Other treatment
  204  modalities, including a rehabilitation program, shall be
  205  considered depending on the etiology of the pain and the extent
  206  to which the pain is associated with physical and psychosocial
  207  impairment. The interdisciplinary nature of the treatment plan
  208  shall be documented.
  209         (c) The registrant physician shall discuss the risks and
  210  benefits of the use of controlled substances, including the
  211  risks of abuse and addiction, as well as physical dependence and
  212  its consequences, with the patient, persons designated by the
  213  patient, or the patient’s surrogate or guardian if the patient
  214  is incompetent. The registrant physician shall use a written
  215  controlled substance agreement between the registrant physician
  216  and the patient outlining the patient’s responsibilities,
  217  including, but not limited to:
  218         1. Number and frequency of controlled substance
  219  prescriptions and refills.
  220         2. Patient compliance and reasons for which drug therapy
  221  may be discontinued, such as a violation of the agreement.
  222         3. An agreement that controlled substances for the
  223  treatment of chronic nonmalignant pain shall be prescribed by a
  224  single treating registrant physician unless otherwise authorized
  225  by the treating registrant physician and documented in the
  226  medical record.
  227         (d) The patient shall be seen by the registrant physician
  228  at regular intervals, not to exceed 3 months, to assess the
  229  efficacy of treatment, ensure that controlled substance therapy
  230  remains indicated, evaluate the patient’s progress toward
  231  treatment objectives, consider adverse drug effects, and review
  232  the etiology of the pain. Continuation or modification of
  233  therapy shall depend on the registrant’s physician’s evaluation
  234  of the patient’s progress. If treatment goals are not being
  235  achieved, despite medication adjustments, the registrant
  236  physician shall reevaluate the appropriateness of continued
  237  treatment. The registrant physician shall monitor patient
  238  compliance in medication usage, related treatment plans,
  239  controlled substance agreements, and indications of substance
  240  abuse or diversion at a minimum of 3-month intervals.
  241         (e) The registrant physician shall refer the patient as
  242  necessary for additional evaluation and treatment in order to
  243  achieve treatment objectives. Special attention shall be given
  244  to those patients who are at risk for misusing their medications
  245  and those whose living arrangements pose a risk for medication
  246  misuse or diversion. The management of pain in patients with a
  247  history of substance abuse or with a comorbid psychiatric
  248  disorder requires extra care, monitoring, and documentation and
  249  requires consultation with or referral to an addiction medicine
  250  specialist or psychiatrist.
  251         (f) A registrant physician registered under this section
  252  must maintain accurate, current, and complete records that are
  253  accessible and readily available for review and comply with the
  254  requirements of this section, the applicable practice act, and
  255  applicable board rules. The medical records must include, but
  256  are not limited to:
  257         1. The complete medical history and a physical examination,
  258  including history of drug abuse or dependence.
  259         2. Diagnostic, therapeutic, and laboratory results.
  260         3. Evaluations and consultations.
  261         4. Treatment objectives.
  262         5. Discussion of risks and benefits.
  263         6. Treatments.
  264         7. Medications, including date, type, dosage, and quantity
  265  prescribed.
  266         8. Instructions and agreements.
  267         9. Periodic reviews.
  268         10. Results of any drug testing.
  269         11. A photocopy of the patient’s government-issued photo
  270  identification.
  271         12. If a written prescription for a controlled substance is
  272  given to the patient, a duplicate of the prescription.
  273         13. The registrant’s physician’s full name presented in a
  274  legible manner.
  275         (g) Patients with signs or symptoms of substance abuse
  276  shall be immediately referred to a board-certified pain
  277  management physician, an addiction medicine specialist, or a
  278  mental health addiction facility as it pertains to drug abuse or
  279  addiction unless the registrant is a physician who is board
  280  certified or board-eligible in pain management. Throughout the
  281  period of time before receiving the consultant’s report, a
  282  prescribing registrant physician shall clearly and completely
  283  document medical justification for continued treatment with
  284  controlled substances and those steps taken to ensure medically
  285  appropriate use of controlled substances by the patient. Upon
  286  receipt of the consultant’s written report, the prescribing
  287  registrant physician shall incorporate the consultant’s
  288  recommendations for continuing, modifying, or discontinuing
  289  controlled substance therapy. The resulting changes in treatment
  290  shall be specifically documented in the patient’s medical
  291  record. Evidence or behavioral indications of diversion shall be
  292  followed by discontinuation of controlled substance therapy, and
  293  the patient shall be discharged, and all results of testing and
  294  actions taken by the registrant physician shall be documented in
  295  the patient’s medical record.
  296         (h) Upon receipt from the Board of Nursing of the name of a
  297  physician or dentist who has an established protocol with an
  298  advanced registered nurse practitioner whose prescribing of
  299  controlled substances may constitute grounds for disciplinary
  300  action pursuant to s. 464.018(1)(n) or s. 464.018(1)(p)6., the
  301  Board of Medicine, the Board of Osteopathic Medicine, or the
  302  Board of Dentistry, as appropriate, shall investigate the
  303  occurrences upon which the report was based and determine if
  304  action by the board against the physician or dentist is
  305  warranted. In addition, the respective board shall determine
  306  whether the actions of the advanced registered nurse
  307  practitioner violate medical standards for controlled substance
  308  prescribing, and forward those finding to the Board of Nursing.
  309  
  310  This subsection does not apply to a board-eligible or board
  311  certified anesthesiologist, physiatrist, rheumatologist, or
  312  neurologist, or to a board-certified physician who has surgical
  313  privileges at a hospital or ambulatory surgery center and
  314  primarily provides surgical services. This subsection does not
  315  apply to a board-eligible or board-certified medical specialist
  316  who has also completed a fellowship in pain medicine approved by
  317  the Accreditation Council for Graduate Medical Education or the
  318  American Osteopathic Association, or who is board eligible or
  319  board certified in pain medicine by the American Board of Pain
  320  Medicine, the American Board of Interventional Pain Physicians,
  321  the American Association of Physician Specialists, or a board
  322  approved by the American Board of Medical Specialties or the
  323  American Osteopathic Association and performs interventional
  324  pain procedures of the type routinely billed using surgical
  325  codes. This subsection does not apply to a registrant, advanced
  326  registered nurse practitioner, or physician assistant who
  327  prescribes medically necessary controlled substances for a
  328  patient during an inpatient stay in a hospital licensed under
  329  chapter 395.
  330         Section 9. Section 458.326, Florida Statutes, is amended to
  331  read:
  332         458.326 Intractable pain; authorized treatment;
  333  interventional pain medicine; unauthorized practice.—
  334         (1)(a) For the purposes of this subsection section, the
  335  term “intractable pain” means pain for which, in the generally
  336  accepted course of medical practice, the cause cannot be removed
  337  and otherwise treated.
  338         (b)(2) Intractable pain must be diagnosed by a physician
  339  licensed under this chapter and qualified by experience to
  340  render such diagnosis.
  341         (c)(3) Notwithstanding any other provision of law, a
  342  physician may prescribe or administer any controlled substance
  343  under Schedules II-V, as provided for in s. 893.03, to a person
  344  for the treatment of intractable pain, provided the physician
  345  does so in accordance with that level of care, skill, and
  346  treatment recognized by a reasonably prudent physician under
  347  similar conditions and circumstances.
  348         (d)(4) Nothing in this section shall be construed to
  349  condone, authorize, or approve mercy killing or euthanasia, and
  350  no treatment authorized by this section may be used for such
  351  purpose.
  352         (2)(a) For the purposes of this subsection, the term
  353  interventional pain medicine” means the practice of medicine
  354  devoted to the diagnosis and treatment of pain-related
  355  disorders, principally with the application of interventional
  356  techniques in managing chronic, intractable pain, independently
  357  or in conjunction with other treatment modalities. These
  358  techniques include minimally invasive procedures, including
  359  percutaneous precision needle placement, with placement of drugs
  360  in targeted areas or destruction of targeted nerves, and some
  361  surgical techniques such as laser or endoscopic discectomy,
  362  cement stabilization of spine fractures, intrathecal infusion
  363  pumps, and spinal cord stimulators, for the diagnosis and
  364  management of chronic, intractable pain.
  365         (b) A person may not practice interventional pain medicine
  366  or offer to practice interventional pain medicine, unless such
  367  acts are performed within facilities licensed under chapter 395
  368  or are performed by or under the direct supervision of a
  369  physician licensed under this chapter or an osteopathic
  370  physician licensed under chapter 459.
  371         Section 10. Paragraph (b) of subsection (2) of section
  372  458.3265, Florida Statutes, is amended to read:
  373         458.3265 Pain-management clinics.—
  374         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
  375  apply to any physician who provides professional services in a
  376  pain-management clinic that is required to be registered in
  377  subsection (1).
  378         (b) A person may not dispense any medication on the
  379  premises of a registered pain-management clinic unless he or she
  380  is a physician licensed under this chapter or chapter 459. A
  381  person may not prescribe any controlled substance regulated
  382  under chapter 893 on the premises of a registered pain
  383  management clinic unless he or she is a physician licensed under
  384  this chapter or chapter 459.
  385         Section 11. Paragraph (b) of subsection (2) of section
  386  459.0137, Florida Statutes, is amended to read:
  387         459.0137 Pain-management clinics.—
  388         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
  389  apply to any osteopathic physician who provides professional
  390  services in a pain-management clinic that is required to be
  391  registered in subsection (1).
  392         (b) A person may not dispense any medication on the
  393  premises of a registered pain-management clinic unless he or she
  394  is a physician licensed under this chapter or chapter 458. A
  395  person may not prescribe any controlled substance regulated
  396  under chapter 893 on the premises of a registered pain
  397  management clinic unless he or she is a physician licensed under
  398  this chapter or chapter 458.
  399         Section 12. Paragraph (e) of subsection (4) of section
  400  458.347, Florida Statutes, is amended, and paragraph (c) of
  401  subsection (9) of that section is republished, to read:
  402         458.347 Physician assistants.—
  403         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  404         (e) A supervisory physician may delegate to a fully
  405  licensed physician assistant the authority to prescribe or
  406  dispense any medication used in the supervisory physician’s
  407  practice unless such medication is listed on the formulary
  408  created pursuant to paragraph (f). A fully licensed physician
  409  assistant may only prescribe or dispense such medication under
  410  the following circumstances:
  411         1. A physician assistant must clearly identify to the
  412  patient that he or she is a physician assistant. Furthermore,
  413  the physician assistant must inform the patient that the patient
  414  has the right to see the physician prior to any prescription
  415  being prescribed or dispensed by the physician assistant.
  416         2. The supervisory physician must notify the department of
  417  his or her intent to delegate, on a department-approved form,
  418  before delegating such authority and notify the department of
  419  any change in prescriptive privileges of the physician
  420  assistant. Authority to dispense may be delegated only by a
  421  supervising physician who is registered as a dispensing
  422  practitioner in compliance with s. 465.0276.
  423         3. The physician assistant must file with the department a
  424  signed affidavit that he or she has completed a minimum of 10
  425  continuing medical education hours in the specialty practice in
  426  which the physician assistant has prescriptive privileges with
  427  each licensure renewal application. Three of the 10 hours must
  428  consist of a continuing education course on the safe and
  429  effective prescription of controlled substance medications,
  430  which shall be offered by a statewide professional association
  431  of physicians in this state accredited to provide educational
  432  activities designated for the American Medical Association
  433  Physician’s Recognition Award Category I Credit.
  434         4. The department may issue a prescriber number to the
  435  physician assistant granting authority for the prescribing of
  436  medicinal drugs authorized within this paragraph upon completion
  437  of the foregoing requirements. The physician assistant shall not
  438  be required to independently register pursuant to s. 465.0276.
  439         5. The prescription must be written in a form that complies
  440  with chapter 499 and must contain, in addition to the
  441  supervisory physician’s name, address, and telephone number, the
  442  physician assistant’s prescriber number. Unless it is a drug or
  443  drug sample dispensed by the physician assistant, the
  444  prescription must be filled in a pharmacy permitted under
  445  chapter 465 and must be dispensed in that pharmacy by a
  446  pharmacist licensed under chapter 465. The appearance of the
  447  prescriber number creates a presumption that the physician
  448  assistant is authorized to prescribe the medicinal drug and the
  449  prescription is valid.
  450         6. The physician assistant must note the prescription or
  451  dispensing of medication in the appropriate medical record.
  452         (9) COUNCIL ON PHYSICIAN ASSISTANTS.—The Council on
  453  Physician Assistants is created within the department.
  454         (c) The council shall:
  455         1. Recommend to the department the licensure of physician
  456  assistants.
  457         2. Develop all rules regulating the use of physician
  458  assistants by physicians under this chapter and chapter 459,
  459  except for rules relating to the formulary developed under
  460  paragraph (4)(f). The council shall also develop rules to ensure
  461  that the continuity of supervision is maintained in each
  462  practice setting. The boards shall consider adopting a proposed
  463  rule developed by the council at the regularly scheduled meeting
  464  immediately following the submission of the proposed rule by the
  465  council. A proposed rule submitted by the council may not be
  466  adopted by either board unless both boards have accepted and
  467  approved the identical language contained in the proposed rule.
  468  The language of all proposed rules submitted by the council must
  469  be approved by both boards pursuant to each respective board’s
  470  guidelines and standards regarding the adoption of proposed
  471  rules. If either board rejects the council’s proposed rule, that
  472  board must specify its objection to the council with
  473  particularity and include any recommendations it may have for
  474  the modification of the proposed rule.
  475         3. Make recommendations to the boards regarding all matters
  476  relating to physician assistants.
  477         4. Address concerns and problems of practicing physician
  478  assistants in order to improve safety in the clinical practices
  479  of licensed physician assistants.
  480         Section 13. Effective January 1, 2016, paragraph (f) of
  481  subsection (4) of section 458.347, Florida Statutes, is amended
  482  to read:
  483         458.347 Physician assistants.—
  484         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  485         (f)1. The council shall establish a formulary of medicinal
  486  drugs that a fully licensed physician assistant having
  487  prescribing authority under this section or s. 459.022 may not
  488  prescribe. The formulary must include controlled substances as
  489  defined in chapter 893, general anesthetics, and radiographic
  490  contrast materials, and must limit the prescription of Schedule
  491  II controlled substances as defined in s. 893.03 to a 7-day
  492  supply. The formulary must also restrict the prescribing of
  493  controlled substances that are psychotropic medications,
  494  including antihypnotics, antipsychotics, antidepressants,
  495  anxiety agents, sedatives, psychomotor stimulants, and mood
  496  stabilizers for children under the age of 18.
  497         2. In establishing the formulary, the council shall consult
  498  with a pharmacist licensed under chapter 465, but not licensed
  499  under this chapter or chapter 459, who shall be selected by the
  500  State Surgeon General.
  501         3. Only the council shall add to, delete from, or modify
  502  the formulary. Any person who requests an addition, deletion, or
  503  modification of a medicinal drug listed on such formulary has
  504  the burden of proof to show cause why such addition, deletion,
  505  or modification should be made.
  506         4. The boards shall adopt the formulary required by this
  507  paragraph, and each addition, deletion, or modification to the
  508  formulary, by rule. Notwithstanding any provision of chapter 120
  509  to the contrary, the formulary rule shall be effective 60 days
  510  after the date it is filed with the Secretary of State. Upon
  511  adoption of the formulary, the department shall mail a copy of
  512  such formulary to each fully licensed physician assistant having
  513  prescribing authority under this section or s. 459.022, and to
  514  each pharmacy licensed by the state. The boards shall establish,
  515  by rule, a fee not to exceed $200 to fund the provisions of this
  516  paragraph and paragraph (e).
  517         Section 14. Subsection (2) of section 464.003, Florida
  518  Statutes, is amended to read:
  519         464.003 Definitions.—As used in this part, the term:
  520         (2) “Advanced or specialized nursing practice” means, in
  521  addition to the practice of professional nursing, the
  522  performance of advanced-level nursing acts approved by the board
  523  which, by virtue of postbasic specialized education, training,
  524  and experience, are appropriately performed by an advanced
  525  registered nurse practitioner. Within the context of advanced or
  526  specialized nursing practice, the advanced registered nurse
  527  practitioner may perform acts of nursing diagnosis and nursing
  528  treatment of alterations of the health status. The advanced
  529  registered nurse practitioner may also perform acts of medical
  530  diagnosis and treatment, prescription, and operation as
  531  authorized within the framework of an established supervisory
  532  protocol which are identified and approved by a joint committee
  533  composed of three members appointed by the Board of Nursing, two
  534  of whom must be advanced registered nurse practitioners; three
  535  members appointed by the Board of Medicine, two of whom must
  536  have had work experience with advanced registered nurse
  537  practitioners; and the State Surgeon General or the State
  538  Surgeon General’s designee. Each committee member appointed by a
  539  board shall be appointed to a term of 4 years unless a shorter
  540  term is required to establish or maintain staggered terms. The
  541  Board of Nursing shall adopt rules authorizing the performance
  542  of any such acts approved by the joint committee. Unless
  543  otherwise specified by the joint committee, such acts must be
  544  performed under the general supervision of a practitioner
  545  licensed under chapter 458, chapter 459, or chapter 466 within
  546  the framework of standing protocols which identify the medical
  547  acts to be performed and the conditions for their performance.
  548  The department may, by rule, require that a copy of the protocol
  549  be filed with the department along with the notice required by
  550  s. 458.348.
  551         Section 15. Subsection (6) is added to section 464.012,
  552  Florida Statutes, to read:
  553         464.012 Certification of advanced registered nurse
  554  practitioners; fees; controlled substance prescribing.—
  555         (6)(a) The board shall establish a committee to recommend a
  556  formulary of controlled substances that an advanced registered
  557  nurse practitioner may not prescribe or may prescribe only for
  558  specific uses or for limited quantities. The committee must
  559  consist of three advanced registered nurse practitioners
  560  licensed under s. 464.012, recommended by the Board of Nursing;
  561  three physicians licensed under chapter 458 or chapter 459 who
  562  have had work experience with advanced registered nurse
  563  practitioners, recommended by the Board of Medicine; and a
  564  pharmacist licensed under chapter 465 who holds a Doctor of
  565  Pharmacy degree, recommended by the Board of Pharmacy. The
  566  committee may recommend an evidence-based formulary applicable
  567  to all advanced registered nurse practitioners, which is limited
  568  by specially certification or to approved uses of controlled
  569  substances, or subject to other similar restrictions the
  570  committee finds are necessary to protect the health, safety, and
  571  welfare of the public. The formulary must restrict the
  572  prescribing of controlled substance psychotropic medications,
  573  including antihypnotics, antipsychotics, antidepressants,
  574  anxiety agents, sedatives, psychomotor stimulants, and mood
  575  stabilizers for children under the age of 18 to psychiatric
  576  nurses as defined in s. 394.455. The formulary must also limit
  577  the prescribing of Schedule II controlled substances as defined
  578  in s. 893.03 to a 7-day supply, except that such restriction
  579  does not apply to controlled substances that are psychiatric
  580  medications prescribed by psychiatric nurses as defined in
  581  394.455.
  582         (b)The board shall adopt by rule the recommended formulary
  583  and recommended additions or deletions to the formulary which it
  584  finds are supported by evidence-based clinical findings
  585  presented by the Board of Medicine, the Board of Osteopathic
  586  Medicine, or the Board of Dentistry.
  587         (c)The formulary required under this subsection does not
  588  apply to a controlled substance order that is dispensed for
  589  administration including orders for medication authorized in
  590  subparagraph (4)(a)3. or subparagraph (4)(a)4.
  591         (d) The board shall adopt the committee’s initial
  592  recommendation no later January 1, 2016.
  593         Section 16. Effective January 1, 2016, subsection (3) of
  594  section 464.012, Florida Statutes, is amended to read:
  595         464.012 Certification of advanced registered nurse
  596  practitioners; fees; controlled substance prescribing.—
  597         (3) An advanced registered nurse practitioner shall perform
  598  those functions authorized in this section within the framework
  599  of an established protocol that is filed with the board upon
  600  biennial license renewal and within 30 days after entering into
  601  a supervisory relationship with a physician or changes to the
  602  protocol. The board shall review the protocol to ensure
  603  compliance with applicable regulatory standards for protocols.
  604  The board shall refer to the department licensees submitting
  605  protocols that are not compliant with the regulatory standards
  606  for protocols. A practitioner currently licensed under chapter
  607  458, chapter 459, or chapter 466 shall maintain supervision for
  608  directing the specific course of medical treatment. Within the
  609  established framework, an advanced registered nurse practitioner
  610  may:
  611         (a) Prescribe, dispense, administer, or order any drug;
  612  however, an advanced registered nurse practitioner may only
  613  prescribe or dispense a controlled substance as defined in s.
  614  893.03 if the advanced registered nurse practitioner has
  615  graduated from a program leading to a master’s degree in a
  616  clinical nursing specialty area with training in specialized
  617  practitioner skills. Monitor and alter drug therapies.
  618         (b) Initiate appropriate therapies for certain conditions.
  619         (c) Perform additional functions as may be determined by
  620  rule in accordance with s. 464.003(2).
  621         (d) Order diagnostic tests and physical and occupational
  622  therapy.
  623         Section 17. Subsection (3) of section 464.013, Florida
  624  Statutes, is amended to read:
  625         464.013 Renewal of license or certificate.—
  626         (3) The board shall by rule prescribe up to 30 hours of
  627  continuing education biennially as a condition for renewal of a
  628  license or certificate.
  629         (a) A nurse who is certified by a health care specialty
  630  program accredited by the National Commission for Certifying
  631  Agencies or the Accreditation Board for Specialty Nursing
  632  Certification is exempt from continuing education requirements.
  633  The criteria for programs must shall be approved by the board.
  634         (b) Notwithstanding the exemption in paragraph (a), as part
  635  of the maximum 30 hours of continuing education hours required
  636  under this subsection, advanced registered nurse practitioners
  637  certified under s. 464.012 must complete at least 3 hours of
  638  continuing education on the safe and effective prescription of
  639  controlled substances. Such continuing education courses must be
  640  offered by a statewide professional association of physicians in
  641  this state accredited to provide educational activities
  642  designated for the American Medical Association Physician’s
  643  Recognition Award Category 1 Credit, the American Nurses
  644  Credentialing Center, or the American Association of Nurse
  645  Practitioners and may be offered in a distance-learning format.
  646         Section 18. Paragraph (p) is added to subsection (1) of
  647  section 464.018, Florida Statutes, subsection (2) of that
  648  section is republished, and subsection (5) of that section is
  649  amended, to read:
  650         464.018 Disciplinary actions.—
  651         (1) The following acts constitute grounds for denial of a
  652  license or disciplinary action, as specified in s. 456.072(2):
  653         (p)For an advanced registered nurse practitioner:
  654         1.Presigning blank prescription forms.
  655         2.Prescribing for office use any medicinal drug appearing
  656  on Schedule II in chapter 893.
  657         3.Prescribing, ordering, dispensing, administering,
  658  supplying, selling, or giving a drug that is an amphetamine or a
  659  sympathomimetic amine drug, or a compound designated pursuant to
  660  chapter 893 as a Schedule II controlled substance, to or for any
  661  person except for:
  662         a. The treatment of narcolepsy; hyperkinesis; behavioral
  663  syndrome in children characterized by the developmentally
  664  inappropriate symptoms of moderate to severe distractibility,
  665  short attention span, hyperactivity, emotional lability, and
  666  impulsivity; or drug-induced brain dysfunction.
  667         b. The differential diagnostic psychiatric evaluation of
  668  depression or the treatment of depression shown to be refractory
  669  to other therapeutic modalities.
  670         c. The clinical investigation of the effects of such drugs
  671  or compounds when an investigative protocol is submitted to,
  672  reviewed by, and approved by the department before such
  673  investigation is begun.
  674         4. Prescribing, ordering, dispensing, administering,
  675  supplying, selling, or giving growth hormones, testosterone or
  676  its analogs, human chorionic gonadotropin (HCG), or other
  677  hormones for the purpose of muscle building or to enhance
  678  athletic performance. As used in this subparagraph, the term
  679  “muscle building” does not include the treatment of injured
  680  muscle. A prescription written for the drug products listed in
  681  this paragraph may be dispensed by a pharmacist with the
  682  presumption that the prescription is for legitimate medical use.
  683         5. Promoting or advertising on any prescription form a
  684  community pharmacy unless the form also states: “This
  685  prescription may be filled at any pharmacy of your choice.”
  686         6.Prescribing, dispensing, administering, mixing, or
  687  otherwise preparing a legend drug, including a controlled
  688  substance, other than in the course of his or her professional
  689  practice. For the purposes of this subparagraph, it is legally
  690  presumed that prescribing, dispensing, administering, mixing, or
  691  otherwise preparing legend drugs, including all controlled
  692  substances, inappropriately or in excessive or inappropriate
  693  quantities is not in the best interest of the patient and is not
  694  in the course of the advanced registered nurse practitioner’s
  695  professional practice, without regard to his or her intent.
  696         7.Prescribing, dispensing, or administering a medicinal
  697  drug appearing on any schedule set forth in chapter 893 to
  698  himself or herself, except a drug prescribed, dispensed, or
  699  administered to the advanced registered nurse practitioner by
  700  another practitioner authorized to prescribe, dispense, or
  701  administer medicinal drugs.
  702         8.Prescribing, ordering, dispensing, administering,
  703  supplying, selling, or giving amygdalin (laetrile) to any
  704  person.
  705         9.Dispensing a controlled substance listed on Schedule II
  706  or Schedule III in chapter 893 in violation of s. 465.0276.
  707         10.Promoting or advertising through any communication
  708  medium the use, sale, or dispensing of a controlled substance
  709  appearing on any schedule in chapter 893.
  710         (2) The board may enter an order denying licensure or
  711  imposing any of the penalties in s. 456.072(2) against any
  712  applicant for licensure or licensee who is found guilty of
  713  violating any provision of subsection (1) of this section or who
  714  is found guilty of violating any provision of s. 456.072(1).
  715         (5) The board shall by rule establish guidelines for the
  716  disposition of disciplinary cases involving specific types of
  717  violations. Such guidelines may include minimum and maximum
  718  fines, periods of supervision or probation, or conditions of
  719  probation or reissuance of a license. In disciplinary cases
  720  involving an alleged violation of s. 464.018(1)(n) or s.
  721  464.018(1)(p)6. by an advanced registered nurse practitioner
  722  which also involves the ordering, prescribing, administering, or
  723  dispensing of a controlled substance, the board shall notify the
  724  Board of Medicine, the Board of Osteopathic Medicine, or the
  725  Board of Dentistry of the existence of the disciplinary case and
  726  shall forward all materials to the respective board for review
  727  pursuant to s. 456.44(3)(h). The Board of Nursing shall review
  728  and may consider the findings of the Board of Medicine, the
  729  Board of Osteopathic Medicine, or the Board of Dentistry
  730  rendered pursuant to s. 456.44(3)(h) prior to its disposition of
  731  the disciplinary case.
  732         Section 19. Subsection (21) of section 893.02, Florida
  733  Statutes, is amended to read:
  734         893.02 Definitions.—The following words and phrases as used
  735  in this chapter shall have the following meanings, unless the
  736  context otherwise requires:
  737         (21) “Practitioner” means a physician licensed under
  738  pursuant to chapter 458, a dentist licensed under pursuant to
  739  chapter 466, a veterinarian licensed under pursuant to chapter
  740  474, an osteopathic physician licensed under pursuant to chapter
  741  459, an advanced registered nurse practitioner certified under
  742  chapter 464, a naturopath licensed under pursuant to chapter
  743  462, a certified optometrist licensed under pursuant to chapter
  744  463, or a podiatric physician licensed under pursuant to chapter
  745  461, or a physician assistant licensed under chapter 458 or
  746  chapter 459, provided such practitioner holds a valid federal
  747  controlled substance registry number.
  748         Section 20. Paragraph (n) of subsection (1) of section
  749  948.03, Florida Statutes, is amended to read:
  750         948.03 Terms and conditions of probation.—
  751         (1) The court shall determine the terms and conditions of
  752  probation. Conditions specified in this section do not require
  753  oral pronouncement at the time of sentencing and may be
  754  considered standard conditions of probation. These conditions
  755  may include among them the following, that the probationer or
  756  offender in community control shall:
  757         (n) Be prohibited from using intoxicants to excess or
  758  possessing any drugs or narcotics unless prescribed by a
  759  physician, advanced registered nurse practitioner, or physician
  760  assistant. The probationer or community controllee may shall not
  761  knowingly visit places where intoxicants, drugs, or other
  762  dangerous substances are unlawfully sold, dispensed, or used.
  763         Section 21. Paragraph (a) of subsection (1) and subsection
  764  (2) of section 458.348, Florida Statutes, are amended to read:
  765         458.348 Formal supervisory relationships, standing orders,
  766  and established protocols; notice; standards.—
  767         (1) NOTICE.—
  768         (a) When a physician enters into a formal supervisory
  769  relationship or standing orders with an emergency medical
  770  technician or paramedic licensed pursuant to s. 401.27, which
  771  relationship or orders contemplate the performance of medical
  772  acts, or when a physician enters into an established protocol
  773  with an advanced registered nurse practitioner, which protocol
  774  contemplates the performance of medical acts identified and
  775  approved by the joint committee pursuant to s. 464.003(2) or
  776  acts set forth in s. 464.012(3) and (4), the physician shall
  777  submit notice to the board. The notice shall contain a statement
  778  in substantially the following form:
  779  
  780         I, ...(name and professional license number of
  781  physician)..., of ...(address of physician)... have hereby
  782  entered into a formal supervisory relationship, standing orders,
  783  or an established protocol with ...(number of persons)...
  784  emergency medical technician(s), ...(number of persons)...
  785  paramedic(s), or ...(number of persons)... advanced registered
  786  nurse practitioner(s).
  787  
  788         (2) ESTABLISHMENT OF STANDARDS BY JOINT COMMITTEE.—The
  789  joint committee created under s. 464.003(2) shall determine
  790  minimum standards for the content of established protocols
  791  pursuant to which an advanced registered nurse practitioner may
  792  perform medical acts identified and approved by the joint
  793  committee pursuant to s. 464.003(2) or acts set forth in s.
  794  464.012(3) and (4) and shall determine minimum standards for
  795  supervision of such acts by the physician, unless the joint
  796  committee determines that any act set forth in s. 464.012(3) or
  797  (4) is not a medical act. Such standards shall be based on risk
  798  to the patient and acceptable standards of medical care and
  799  shall take into account the special problems of medically
  800  underserved areas. The standards developed by the joint
  801  committee shall be adopted as rules by the Board of Nursing and
  802  the Board of Medicine for purposes of carrying out their
  803  responsibilities pursuant to part I of chapter 464 and this
  804  chapter, respectively, but neither board shall have disciplinary
  805  powers over the licensees of the other board.
  806         Section 22. Paragraph (a) of subsection (1) of section
  807  459.025, Florida Statutes, is amended to read:
  808         459.025 Formal supervisory relationships, standing orders,
  809  and established protocols; notice; standards.—
  810         (1) NOTICE.—
  811         (a) When an osteopathic physician enters into a formal
  812  supervisory relationship or standing orders with an emergency
  813  medical technician or paramedic licensed pursuant to s. 401.27,
  814  which relationship or orders contemplate the performance of
  815  medical acts, or when an osteopathic physician enters into an
  816  established protocol with an advanced registered nurse
  817  practitioner, which protocol contemplates the performance of
  818  medical acts identified and approved by the joint committee
  819  pursuant to s. 464.003(2) or acts set forth in s. 464.012(3) and
  820  (4), the osteopathic physician shall submit notice to the board.
  821  The notice must contain a statement in substantially the
  822  following form:
  823  
  824         I, ...(name and professional license number of osteopathic
  825  physician)..., of ...(address of osteopathic physician)... have
  826  hereby entered into a formal supervisory relationship, standing
  827  orders, or an established protocol with ...(number of
  828  persons)... emergency medical technician(s), ...(number of
  829  persons)... paramedic(s), or ...(number of persons)... advanced
  830  registered nurse practitioner(s).
  831         Section 23. Subsection (10) of s. 458.331, paragraph (g) of
  832  subsection (7) of s. 458.347, subsection (10) of s. 459.015,
  833  paragraph (f) of subsection (7) of s. 459.022, and paragraph (b)
  834  of subsection (5) of s. 465.0158, Florida Statutes, are
  835  reenacted for the purpose of incorporating the amendment made by
  836  this act to s. 456.072, Florida Statutes, in references thereto.
  837         Section 24. Paragraph (mm) of subsection (1) of s. 456.072
  838  and s. 466.02751, Florida Statutes, are reenacted for the
  839  purpose of incorporating the amendment made by this act to s.
  840  456.44, Florida Statutes, in references thereto.
  841         Section 25. Section 458.303, paragraph (b) of subsection
  842  (7) of s. 458.3475, paragraph (e) of subsection (4) and
  843  paragraph (c) of subsection (9) of s. 459.022, and paragraph (b)
  844  of subsection (7) of s. 459.023, Florida Statutes, are reenacted
  845  for the purpose of incorporating the amendment made by this act
  846  to s. 458.347, Florida Statutes, in references thereto.
  847         Section 26. Paragraph (c) of subsection (3) of s. 464.012,
  848  Florida Statutes, is reenacted for the purpose of incorporating
  849  the amendment made by this act to s. 464.003, Florida Statutes,
  850  in a reference thereto.
  851         Section 27. Paragraph (a) of subsection (1) of s. 456.041,
  852  subsections (1) and (2) of s. 458.348, and subsection (1) of s.
  853  459.025, Florida Statutes, are reenacted for the purpose of
  854  incorporating the amendment made by this act to s. 464.012,
  855  Florida Statutes, in references thereto.
  856         Section 28. Subsection (7) of s. 464.0205, Florida
  857  Statutes, is reenacted for the purpose of incorporating the
  858  amendment made by this act to s. 464.013, Florida Statutes, in a
  859  reference thereto.
  860         Section 29. Subsection (11) of s. 320.0848, subsection (2)
  861  of s. 464.008, subsection (5) of s. 464.009, and paragraph (b)
  862  of subsection (1), subsection (3), and paragraph (b) of
  863  subsection (4) of s. 464.0205, Florida Statutes, are reenacted
  864  for the purpose of incorporating the amendment made by this act
  865  to s. 464.018, Florida Statutes, in references thereto.
  866         Section 30. Section 775.051, Florida Statutes, is reenacted
  867  for the purpose of incorporating the amendment made by this act
  868  to s. 893.02, Florida Statutes, in a reference thereto.
  869         Section 31. Paragraph (a) of subsection (3) of s. 944.17,
  870  subsection (8) of s. 948.001, and paragraph (e) of subsection
  871  (1) of s. 948.101, Florida Statutes, are reenacted for the
  872  purpose of incorporating the amendment made by this act to s.
  873  948.03, Florida Statutes, in references thereto.
  874         Section 32. Except as otherwise expressly provided in this
  875  act, this act shall take effect upon becoming a law.
  876  
  877  ================= T I T L E  A M E N D M E N T ================
  878  And the title is amended as follows:
  879         Delete everything before the enacting clause
  880  and insert:
  881                        A bill to be entitled                      
  882         An act relating to drug prescription by advanced
  883         registered nurse practitioners and physician
  884         assistants; amending s. 110.12315, F.S.; expanding the
  885         categories of persons who may prescribe brand drugs
  886         under the prescription drug program when medically
  887         necessary; amending ss. 310.071, 310.073, and 310.081,
  888         F.S.; exempting controlled substances prescribed by an
  889         advanced registered nurse practitioner or a physician
  890         assistant from the disqualifications for certification
  891         or licensure, and for continued certification or
  892         licensure, as a deputy pilot or state pilot; repealing
  893         s. 383.336, F.S., relating to provider hospitals,
  894         practice parameters, and peer review boards; amending
  895         s. 395.1051, F.S.; requiring a hospital to notify
  896         certain obstetrical physicians within a specified
  897         timeframe before the hospital closes its obstetrical
  898         department or ceases to provide obstetrical services;
  899         amending s. 456.072, F.S.; applying existing penalties
  900         for violations relating to the prescribing or
  901         dispensing of controlled substances by an advanced
  902         registered nurse practitioner; amending s. 456.44,
  903         F.S.; deleting an obsolete date; requiring advanced
  904         registered nurse practitioners and physician
  905         assistants who prescribe controlled substances for
  906         certain pain to make a certain designation, comply
  907         with registration requirements, and follow specified
  908         standards of practice; requiring certain respective
  909         entities review the information to determine whether
  910         disciplinary action is appropriate; requiring the
  911         respective board to forward certain findings to the
  912         Board of Nursing; providing applicability; amending s.
  913         458.326, F.S.; defining the term “interventional pain
  914         medicine”; limiting the practice of interventional
  915         pain medicine to specified circumstances; amending ss.
  916         458.3265 and 459.0137, F.S.; limiting the authority to
  917         prescribe a controlled substance in a pain-management
  918         clinic to a physician licensed under ch. 458 or ch.
  919         459, F.S.; amending s. 458.347, F.S.; revising the
  920         required continuing education requirements for a
  921         physician assistant; amending s. 458.347, F.S.;
  922         requiring the Council of Physician Assistants to
  923         create a formulary which includes the controlled
  924         substances a physician assistant is authorized to
  925         prescribe; amending s. 464.003, F.S.; revising the
  926         definition of the term “advanced or specialized
  927         nursing practice”; deleting the joint committee
  928         established in the definition; amending s. 464.012,
  929         F.S.; requiring the Board of Nursing to establish a
  930         committee make recommendations regarding the need for
  931         adoption of a formulary of controlled substances that
  932         may be prescribed by an advanced registered nurse
  933         practitioner; specifying the membership of the
  934         committee; providing parameters for the
  935         recommendations of the committee; requiring that any
  936         formulary be adopted by board rule; specifying the
  937         process for amending the formulary and imposing a
  938         burden of proof; limiting the formulary’s application
  939         in certain instances; requiring the board to adopt the
  940         committee’s initial recommendations by a specified
  941         date; amending s. 464.012, F.S.; authorizing an
  942         advanced registered nurse practitioner to prescribe,
  943         dispense, administer, or order drugs, rather than to
  944         monitor and alter drug therapies; providing an
  945         exception; amending s. 464.013, F.S.; revising
  946         conditions for renewal of a license or certificate;
  947         amending s. 464.018, F.S.; specifying acts that
  948         constitute grounds for denial of a license or for
  949         disciplinary action against an advanced registered
  950         nurse practitioner; requiring that in certain
  951         disciplinary cases, the board notify certain entities
  952         and forward all materials to the respective board;
  953         amending s. 893.02, F.S.; redefining the term
  954         “practitioner” to include advanced registered nurse
  955         practitioners and physician assistants under the
  956         Florida Comprehensive Drug Abuse Prevention and
  957         Control Act; amending s. 948.03, F.S.; providing that
  958         possession of drugs or narcotics prescribed by an
  959         advanced registered nurse practitioner or physician
  960         assistant does not violate a prohibition relating to
  961         the possession of drugs or narcotics during probation;
  962         amending ss. 458.348 and 459.025, F.S.; conforming
  963         provisions to changes made by the act; reenacting ss.
  964         458.331(10), 458.347(7)(g), 459.015(10),
  965         459.022(7)(f), and 465.0158(5)(b), F.S., to
  966         incorporate the amendment made to s. 456.072, F.S., in
  967         references thereto; reenacting ss. 456.072(1)(mm) and
  968         466.02751, F.S., to incorporate the amendment made to
  969         s. 456.44, F.S., in references thereto; reenacting ss.
  970         458.303, 458.3475(7)(b), 459.022(4)(e) and (9)(c), and
  971         459.023(7)(b), F.S., to incorporate the amendment made
  972         to s. 458.347, F.S., in references thereto; reenacting
  973         s. 464.012(3)(c), F.S., to incorporate the amendment
  974         made to s. 464.003, F.S., in a reference thereto;
  975         reenacting ss. 456.041(1)(a), 458.348(1) and (2), and
  976         459.025(1), F.S., to incorporate the amendment made to
  977         s. 464.012, F.S., in references thereto; reenacting s.
  978         464.0205(7), F.S., to incorporate the amendment made
  979         to s. 464.013, F.S., in a reference thereto;
  980         reenacting ss. 320.0848(11), 464.008(2), 464.009(5),
  981         and 464.0205(1)(b), (3), and (4)(b), F.S., to
  982         incorporate the amendment made to s. 464.018, F.S., in
  983         references thereto; reenacting s. 775.051, F.S., to
  984         incorporate the amendment made to s. 893.02, F.S., in
  985         a reference thereto; reenacting ss. 944.17(3)(a),
  986         948.001(8), and 948.101(1)(e), F.S., to incorporate
  987         the amendment made to s. 948.03, F.S., in references
  988         thereto; providing effective dates.
  989  
  990         WHEREAS, the Legislature recognizes the importance of
  991  access to primary health care for citizens of Florida, most
  992  especially for those who reside in the medically underserved
  993  areas of the state, and
  994         WHEREAS, the Legislature further recognize that there is a
  995  state and national shortage of primary care providers which
  996  necessitates the removal of regulatory barriers that prevent
  997  advanced registered nurse practitioners and physician assistants
  998  from practicing to the full extent of their education, training,
  999  and certifications, NOW, THEREFORE,