Florida Senate - 2015                       CS for CS for SB 614
       
       
        
       By the Committees on Regulated Industries; and Health Policy;
       and Senator Grimsley
       
       
       
       
       580-03235-15                                           2015614c2
    1                        A bill to be entitled                      
    2         An act relating to drug prescription by advanced
    3         registered nurse practitioners and physician
    4         assistants; amending s. 110.12315, F.S.; expanding the
    5         categories of persons who may prescribe brand drugs
    6         under the prescription drug program when medically
    7         necessary; amending ss. 310.071, 310.073, and 310.081,
    8         F.S.; exempting controlled substances prescribed by an
    9         advanced registered nurse practitioner or a physician
   10         assistant from the disqualifications for certification
   11         or licensure, and for continued certification or
   12         licensure, as a deputy pilot or state pilot; repealing
   13         s. 383.336, F.S., relating to provider hospitals,
   14         practice parameters, and peer review boards; amending
   15         s. 395.1051, F.S.; requiring a hospital to notify
   16         certain obstetrical physicians within a specified
   17         timeframe before the hospital closes its obstetrical
   18         department or ceases to provide obstetrical services;
   19         amending s. 456.072, F.S.; applying existing penalties
   20         for violations relating to the prescribing or
   21         dispensing of controlled substances to an advanced
   22         registered nurse practitioner; amending s. 456.44,
   23         F.S.; deleting an obsolete date; requiring advanced
   24         registered nurse practitioners and physician
   25         assistants who prescribe controlled substances for
   26         certain pain to make a certain designation, comply
   27         with registration requirements, and follow specified
   28         standards of practice; providing applicability;
   29         amending ss. 458.3265 and 459.0137, F.S.; limiting the
   30         authority to prescribe a controlled substance in a
   31         pain-management clinic to a physician licensed under
   32         ch. 458 or ch. 459, F.S.; amending s. 458.347, F.S.;
   33         expanding the prescribing authority of a licensed
   34         physician assistant; amending s. 464.012, F.S.;
   35         authorizing an advanced registered nurse practitioner
   36         to prescribe, dispense, administer, or order drugs,
   37         rather than to monitor and alter drug therapies;
   38         requiring the Board of Nursing to appoint a committee
   39         to recommend whether adoption of a formulary of
   40         controlled substances that may be prescribed by an
   41         advanced registered nurse practitioner is needed;
   42         specifying the membership of the committee; providing
   43         parameters for the recommendations of the committee;
   44         requiring that any formulary be adopted by board rule;
   45         specifying the process for amending the formulary and
   46         imposing a burden of proof; requiring the board to
   47         post notice of proposed, pending, or adopted changes
   48         to the formulary on its website; specifying a deadline
   49         for initiating any required rulemaking; limiting the
   50         formulary’s application in certain instances; amending
   51         s. 464.018, F.S.; specifying acts that constitute
   52         grounds for denial of a license for or disciplinary
   53         action against an advanced registered nurse
   54         practitioner; amending s. 893.02, F.S.; redefining the
   55         term “practitioner” to include advanced registered
   56         nurse practitioners and physician assistants under the
   57         Florida Comprehensive Drug Abuse Prevention and
   58         Control Act; amending s. 948.03, F.S.; providing that
   59         possession of drugs or narcotics prescribed by an
   60         advanced registered nurse practitioner or physician
   61         assistant is an exception from a prohibition relating
   62         to the possession of drugs or narcotics during
   63         probation; reenacting s. 310.071(3), F.S., to
   64         incorporate the amendment made to s. 310.071, F.S., in
   65         a reference thereto; reenacting ss. 458.331(10),
   66         458.347(7)(g), 459.015(10), 459.022(7)(f), and
   67         465.0158(5)(b), F.S., to incorporate the amendment
   68         made to s. 456.072, F.S., in references thereto;
   69         reenacting ss. 456.072(1)(mm) and 466.02751, F.S., to
   70         incorporate the amendment made to s. 456.44, F.S., in
   71         references thereto; reenacting ss. 458.303,
   72         458.347(4)(e) and (9)(c), 458.3475(7)(b),
   73         459.022(4)(e) and (9)(c), and 459.023(7)(b), F.S., to
   74         incorporate the amendment made to s. 458.347, F.S., in
   75         references thereto; reenacting ss. 456.041(1)(a),
   76         458.348(1) and (2), and 459.025(1), F.S., to
   77         incorporate the amendment made to s. 464.012, F.S., in
   78         references thereto; reenacting ss. 320.0848(11),
   79         464.008(2), 464.009(5), 464.018(2), and
   80         464.0205(1)(b), (3), and (4)(b), F.S., to incorporate
   81         the amendment made to s. 464.018, F.S., in references
   82         thereto; reenacting s. 775.051, F.S., to incorporate
   83         the amendment made to s. 893.02, F.S., in a reference
   84         thereto; reenacting ss. 944.17(3)(a), 948.001(8), and
   85         948.101(1)(e), F.S., to incorporate the amendment made
   86         to s. 948.03, F.S., in references thereto; providing
   87         an effective date.
   88          
   89  Be It Enacted by the Legislature of the State of Florida:
   90  
   91         Section 1. Subsection (7) of section 110.12315, Florida
   92  Statutes, is amended to read:
   93         110.12315 Prescription drug program.—The state employees’
   94  prescription drug program is established. This program shall be
   95  administered by the Department of Management Services, according
   96  to the terms and conditions of the plan as established by the
   97  relevant provisions of the annual General Appropriations Act and
   98  implementing legislation, subject to the following conditions:
   99         (7) The department shall establish the reimbursement
  100  schedule for prescription pharmaceuticals dispensed under the
  101  program. Reimbursement rates for a prescription pharmaceutical
  102  must be based on the cost of the generic equivalent drug if a
  103  generic equivalent exists, unless the physician, advanced
  104  registered nurse practitioner, or physician assistant
  105  prescribing the pharmaceutical clearly states on the
  106  prescription that the brand name drug is medically necessary or
  107  that the drug product is included on the formulary of drug
  108  products that may not be interchanged as provided in chapter
  109  465, in which case reimbursement must be based on the cost of
  110  the brand name drug as specified in the reimbursement schedule
  111  adopted by the department.
  112         Section 2. Paragraph (c) of subsection (1) of section
  113  310.071, Florida Statutes, is amended to read:
  114         310.071 Deputy pilot certification.—
  115         (1) In addition to meeting other requirements specified in
  116  this chapter, each applicant for certification as a deputy pilot
  117  must:
  118         (c) Be in good physical and mental health, as evidenced by
  119  documentary proof of having satisfactorily passed a complete
  120  physical examination administered by a licensed physician within
  121  the preceding 6 months. The board shall adopt rules to establish
  122  requirements for passing the physical examination, which rules
  123  shall establish minimum standards for the physical or mental
  124  capabilities necessary to carry out the professional duties of a
  125  certificated deputy pilot. Such standards shall include zero
  126  tolerance for any controlled substance regulated under chapter
  127  893 unless that individual is under the care of a physician,
  128  advanced registered nurse practitioner, or physician assistant
  129  and that controlled substance was prescribed by that physician,
  130  advanced registered nurse practitioner, or physician assistant.
  131  To maintain eligibility as a certificated deputy pilot, each
  132  certificated deputy pilot must annually provide documentary
  133  proof of having satisfactorily passed a complete physical
  134  examination administered by a licensed physician. The physician
  135  must know the minimum standards and certify that the
  136  certificateholder satisfactorily meets the standards. The
  137  standards for certificateholders shall include a drug test.
  138         Section 3. Subsection (3) of section 310.073, Florida
  139  Statutes, is amended to read:
  140         310.073 State pilot licensing.—In addition to meeting other
  141  requirements specified in this chapter, each applicant for
  142  license as a state pilot must:
  143         (3) Be in good physical and mental health, as evidenced by
  144  documentary proof of having satisfactorily passed a complete
  145  physical examination administered by a licensed physician within
  146  the preceding 6 months. The board shall adopt rules to establish
  147  requirements for passing the physical examination, which rules
  148  shall establish minimum standards for the physical or mental
  149  capabilities necessary to carry out the professional duties of a
  150  licensed state pilot. Such standards shall include zero
  151  tolerance for any controlled substance regulated under chapter
  152  893 unless that individual is under the care of a physician,
  153  advanced registered nurse practitioner, or physician assistant
  154  and that controlled substance was prescribed by that physician,
  155  advanced registered nurse practitioner, or physician assistant.
  156  To maintain eligibility as a licensed state pilot, each licensed
  157  state pilot must annually provide documentary proof of having
  158  satisfactorily passed a complete physical examination
  159  administered by a licensed physician. The physician must know
  160  the minimum standards and certify that the licensee
  161  satisfactorily meets the standards. The standards for licensees
  162  shall include a drug test.
  163         Section 4. Paragraph (b) of subsection (3) of section
  164  310.081, Florida Statutes, is amended to read:
  165         310.081 Department to examine and license state pilots and
  166  certificate deputy pilots; vacancies.—
  167         (3) Pilots shall hold their licenses or certificates
  168  pursuant to the requirements of this chapter so long as they:
  169         (b) Are in good physical and mental health as evidenced by
  170  documentary proof of having satisfactorily passed a physical
  171  examination administered by a licensed physician or physician
  172  assistant within each calendar year. The board shall adopt rules
  173  to establish requirements for passing the physical examination,
  174  which rules shall establish minimum standards for the physical
  175  or mental capabilities necessary to carry out the professional
  176  duties of a licensed state pilot or a certificated deputy pilot.
  177  Such standards shall include zero tolerance for any controlled
  178  substance regulated under chapter 893 unless that individual is
  179  under the care of a physician, advanced registered nurse
  180  practitioner, or physician assistant and that controlled
  181  substance was prescribed by that physician, advanced registered
  182  nurse practitioner, or physician assistant. To maintain
  183  eligibility as a certificated deputy pilot or licensed state
  184  pilot, each certificated deputy pilot or licensed state pilot
  185  must annually provide documentary proof of having satisfactorily
  186  passed a complete physical examination administered by a
  187  licensed physician. The physician must know the minimum
  188  standards and certify that the certificateholder or licensee
  189  satisfactorily meets the standards. The standards for
  190  certificateholders and for licensees shall include a drug test.
  191  
  192  Upon resignation or in the case of disability permanently
  193  affecting a pilot’s ability to serve, the state license or
  194  certificate issued under this chapter shall be revoked by the
  195  department.
  196         Section 5. Section 383.336, Florida Statutes, is repealed.
  197         Section 6. Section 395.1051, Florida Statutes, is amended
  198  to read:
  199         395.1051 Duty to notify patients and physicians.—
  200         (1) An appropriately trained person designated by each
  201  licensed facility shall inform each patient, or an individual
  202  identified pursuant to s. 765.401(1), in person about adverse
  203  incidents that result in serious harm to the patient.
  204  Notification of outcomes of care that result in harm to the
  205  patient under this section does shall not constitute an
  206  acknowledgment or admission of liability and may not, nor can it
  207  be introduced as evidence.
  208         (2) A hospital shall notify each obstetrical physician who
  209  has privileges at the hospital at least 120 days before the
  210  hospital closes its obstetrical department or ceases to provide
  211  obstetrical services.
  212         Section 7. Subsection (7) of section 456.072, Florida
  213  Statutes, is amended to read:
  214         456.072 Grounds for discipline; penalties; enforcement.—
  215         (7) Notwithstanding subsection (2), upon a finding that a
  216  physician has prescribed or dispensed a controlled substance, or
  217  caused a controlled substance to be prescribed or dispensed, in
  218  a manner that violates the standard of practice set forth in s.
  219  458.331(1)(q) or (t), s. 459.015(1)(t) or (x), s. 461.013(1)(o)
  220  or (s), or s. 466.028(1)(p) or (x), or that an advanced
  221  registered nurse practitioner has prescribed or dispensed a
  222  controlled substance, or caused a controlled substance to be
  223  prescribed or dispensed in a manner that violates the standard
  224  of practice set forth in s. 464.018(1)(n) or (p)6., the
  225  physician or advanced registered nurse practitioner shall be
  226  suspended for a period of not less than 6 months and pay a fine
  227  of not less than $10,000 per count. Repeated violations shall
  228  result in increased penalties.
  229         Section 8. Subsections (2) and (3) of section 456.44,
  230  Florida Statutes, are amended to read:
  231         456.44 Controlled substance prescribing.—
  232         (2) REGISTRATION.—Effective January 1, 2012, A physician
  233  licensed under chapter 458, chapter 459, chapter 461, or chapter
  234  466, a physician assistant licensed under chapter 458 or chapter
  235  459, or an advanced registered nurse practitioner certified
  236  under part I of chapter 464 who prescribes any controlled
  237  substance, listed in Schedule II, Schedule III, or Schedule IV
  238  as defined in s. 893.03, for the treatment of chronic
  239  nonmalignant pain, must:
  240         (a) Designate himself or herself as a controlled substance
  241  prescribing practitioner on his or her the physician’s
  242  practitioner profile.
  243         (b) Comply with the requirements of this section and
  244  applicable board rules.
  245         (3) STANDARDS OF PRACTICE.—The standards of practice in
  246  this section do not supersede the level of care, skill, and
  247  treatment recognized in general law related to health care
  248  licensure.
  249         (a) A complete medical history and a physical examination
  250  must be conducted before beginning any treatment and must be
  251  documented in the medical record. The exact components of the
  252  physical examination shall be left to the judgment of the
  253  registrant clinician who is expected to perform a physical
  254  examination proportionate to the diagnosis that justifies a
  255  treatment. The medical record must, at a minimum, document the
  256  nature and intensity of the pain, current and past treatments
  257  for pain, underlying or coexisting diseases or conditions, the
  258  effect of the pain on physical and psychological function, a
  259  review of previous medical records, previous diagnostic studies,
  260  and history of alcohol and substance abuse. The medical record
  261  shall also document the presence of one or more recognized
  262  medical indications for the use of a controlled substance. Each
  263  registrant must develop a written plan for assessing each
  264  patient’s risk of aberrant drug-related behavior, which may
  265  include patient drug testing. Registrants must assess each
  266  patient’s risk for aberrant drug-related behavior and monitor
  267  that risk on an ongoing basis in accordance with the plan.
  268         (b) Each registrant must develop a written individualized
  269  treatment plan for each patient. The treatment plan shall state
  270  objectives that will be used to determine treatment success,
  271  such as pain relief and improved physical and psychosocial
  272  function, and shall indicate if any further diagnostic
  273  evaluations or other treatments are planned. After treatment
  274  begins, the registrant physician shall adjust drug therapy to
  275  the individual medical needs of each patient. Other treatment
  276  modalities, including a rehabilitation program, shall be
  277  considered depending on the etiology of the pain and the extent
  278  to which the pain is associated with physical and psychosocial
  279  impairment. The interdisciplinary nature of the treatment plan
  280  shall be documented.
  281         (c) The registrant physician shall discuss the risks and
  282  benefits of the use of controlled substances, including the
  283  risks of abuse and addiction, as well as physical dependence and
  284  its consequences, with the patient, persons designated by the
  285  patient, or the patient’s surrogate or guardian if the patient
  286  is incompetent. The registrant physician shall use a written
  287  controlled substance agreement between the registrant physician
  288  and the patient outlining the patient’s responsibilities,
  289  including, but not limited to:
  290         1. Number and frequency of controlled substance
  291  prescriptions and refills.
  292         2. Patient compliance and reasons for which drug therapy
  293  may be discontinued, such as a violation of the agreement.
  294         3. An agreement that controlled substances for the
  295  treatment of chronic nonmalignant pain shall be prescribed by a
  296  single treating registrant physician unless otherwise authorized
  297  by the treating registrant physician and documented in the
  298  medical record.
  299         (d) The patient shall be seen by the registrant physician
  300  at regular intervals, not to exceed 3 months, to assess the
  301  efficacy of treatment, ensure that controlled substance therapy
  302  remains indicated, evaluate the patient’s progress toward
  303  treatment objectives, consider adverse drug effects, and review
  304  the etiology of the pain. Continuation or modification of
  305  therapy shall depend on the registrant’s physician’s evaluation
  306  of the patient’s progress. If treatment goals are not being
  307  achieved, despite medication adjustments, the registrant
  308  physician shall reevaluate the appropriateness of continued
  309  treatment. The registrant physician shall monitor patient
  310  compliance in medication usage, related treatment plans,
  311  controlled substance agreements, and indications of substance
  312  abuse or diversion at a minimum of 3-month intervals.
  313         (e) The registrant physician shall refer the patient as
  314  necessary for additional evaluation and treatment in order to
  315  achieve treatment objectives. Special attention shall be given
  316  to those patients who are at risk for misusing their medications
  317  and those whose living arrangements pose a risk for medication
  318  misuse or diversion. The management of pain in patients with a
  319  history of substance abuse or with a comorbid psychiatric
  320  disorder requires extra care, monitoring, and documentation and
  321  requires consultation with or referral to an addiction medicine
  322  specialist or psychiatrist.
  323         (f) A registrant physician registered under this section
  324  must maintain accurate, current, and complete records that are
  325  accessible and readily available for review and comply with the
  326  requirements of this section, the applicable practice act, and
  327  applicable board rules. The medical records must include, but
  328  are not limited to:
  329         1. The complete medical history and a physical examination,
  330  including history of drug abuse or dependence.
  331         2. Diagnostic, therapeutic, and laboratory results.
  332         3. Evaluations and consultations.
  333         4. Treatment objectives.
  334         5. Discussion of risks and benefits.
  335         6. Treatments.
  336         7. Medications, including date, type, dosage, and quantity
  337  prescribed.
  338         8. Instructions and agreements.
  339         9. Periodic reviews.
  340         10. Results of any drug testing.
  341         11. A photocopy of the patient’s government-issued photo
  342  identification.
  343         12. If a written prescription for a controlled substance is
  344  given to the patient, a duplicate of the prescription.
  345         13. The registrant’s physician’s full name presented in a
  346  legible manner.
  347         (g) Patients with signs or symptoms of substance abuse
  348  shall be immediately referred to a board-certified pain
  349  management physician, an addiction medicine specialist, or a
  350  mental health addiction facility as it pertains to drug abuse or
  351  addiction unless the registrant is a physician who is board
  352  certified or board-eligible in pain management. Throughout the
  353  period of time before receiving the consultant’s report, a
  354  prescribing registrant physician shall clearly and completely
  355  document medical justification for continued treatment with
  356  controlled substances and those steps taken to ensure medically
  357  appropriate use of controlled substances by the patient. Upon
  358  receipt of the consultant’s written report, the prescribing
  359  registrant physician shall incorporate the consultant’s
  360  recommendations for continuing, modifying, or discontinuing
  361  controlled substance therapy. The resulting changes in treatment
  362  shall be specifically documented in the patient’s medical
  363  record. Evidence or behavioral indications of diversion shall be
  364  followed by discontinuation of controlled substance therapy, and
  365  the patient shall be discharged, and all results of testing and
  366  actions taken by the registrant physician shall be documented in
  367  the patient’s medical record.
  368  
  369  This subsection does not apply to a board-eligible or board
  370  certified anesthesiologist, physiatrist, rheumatologist, or
  371  neurologist, or to a board-certified physician who has surgical
  372  privileges at a hospital or ambulatory surgery center and
  373  primarily provides surgical services. This subsection does not
  374  apply to a board-eligible or board-certified medical specialist
  375  who has also completed a fellowship in pain medicine approved by
  376  the Accreditation Council for Graduate Medical Education or the
  377  American Osteopathic Association, or who is board eligible or
  378  board certified in pain medicine by the American Board of Pain
  379  Medicine, the American Board of Interventional Pain Physicians,
  380  the American Association of Physician Specialists, or a board
  381  approved by the American Board of Medical Specialties or the
  382  American Osteopathic Association and performs interventional
  383  pain procedures of the type routinely billed using surgical
  384  codes. This subsection does not apply to a registrant, advanced
  385  registered nurse practitioner, or physician assistant who
  386  prescribes medically necessary controlled substances for a
  387  patient during an inpatient stay in a hospital licensed under
  388  chapter 395.
  389         Section 9. Paragraph (b) of subsection (2) of section
  390  458.3265, Florida Statutes, is amended to read:
  391         458.3265 Pain-management clinics.—
  392         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
  393  apply to any physician who provides professional services in a
  394  pain-management clinic that is required to be registered in
  395  subsection (1).
  396         (b) A person may not dispense any medication on the
  397  premises of a registered pain-management clinic unless he or she
  398  is a physician licensed under this chapter or chapter 459. A
  399  person may not prescribe any controlled substance regulated
  400  under chapter 893 on the premises of a registered pain
  401  management clinic unless he or she is a physician licensed under
  402  this chapter or chapter 459.
  403         Section 10. Paragraph (f) of subsection (4) of section
  404  458.347, Florida Statutes, is amended to read:
  405         458.347 Physician assistants.—
  406         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  407         (f)1. The council shall establish a formulary of medicinal
  408  drugs that a fully licensed physician assistant having
  409  prescribing authority under this section or s. 459.022 may not
  410  prescribe. The formulary must include controlled substances as
  411  defined in chapter 893, general anesthetics, and radiographic
  412  contrast materials.
  413         2. In establishing the formulary, the council shall consult
  414  with a pharmacist licensed under chapter 465, but not licensed
  415  under this chapter or chapter 459, who shall be selected by the
  416  State Surgeon General.
  417         3. Only the council shall add to, delete from, or modify
  418  the formulary. Any person who requests an addition, deletion, or
  419  modification of a medicinal drug listed on such formulary has
  420  the burden of proof to show cause why such addition, deletion,
  421  or modification should be made.
  422         4. The boards shall adopt the formulary required by this
  423  paragraph, and each addition, deletion, or modification to the
  424  formulary, by rule. Notwithstanding any provision of chapter 120
  425  to the contrary, the formulary rule shall be effective 60 days
  426  after the date it is filed with the Secretary of State. Upon
  427  adoption of the formulary, the department shall mail a copy of
  428  such formulary to each fully licensed physician assistant having
  429  prescribing authority under this section or s. 459.022, and to
  430  each pharmacy licensed by the state. The boards shall establish,
  431  by rule, a fee not to exceed $200 to fund the provisions of this
  432  paragraph and paragraph (e).
  433         Section 11. Paragraph (b) of subsection (2) of section
  434  459.0137, Florida Statutes, is amended to read:
  435         459.0137 Pain-management clinics.—
  436         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
  437  apply to any osteopathic physician who provides professional
  438  services in a pain-management clinic that is required to be
  439  registered in subsection (1).
  440         (b) A person may not dispense any medication on the
  441  premises of a registered pain-management clinic unless he or she
  442  is a physician licensed under this chapter or chapter 458. A
  443  person may not prescribe any controlled substance regulated
  444  under chapter 893 on the premises of a registered pain
  445  management clinic unless he or she is a physician licensed under
  446  this chapter or chapter 458.
  447         Section 12. Section 464.012, Florida Statutes, is amended
  448  to read:
  449         464.012 Certification of advanced registered nurse
  450  practitioners; fees; controlled substance prescribing.—
  451         (1) Any nurse desiring to be certified as an advanced
  452  registered nurse practitioner shall apply to the department and
  453  submit proof that he or she holds a current license to practice
  454  professional nursing and that he or she meets one or more of the
  455  following requirements as determined by the board:
  456         (a) Satisfactory completion of a formal postbasic
  457  educational program of at least one academic year, the primary
  458  purpose of which is to prepare nurses for advanced or
  459  specialized practice.
  460         (b) Certification by an appropriate specialty board. Such
  461  certification shall be required for initial state certification
  462  and any recertification as a registered nurse anesthetist or
  463  nurse midwife. The board may by rule provide for provisional
  464  state certification of graduate nurse anesthetists and nurse
  465  midwives for a period of time determined to be appropriate for
  466  preparing for and passing the national certification
  467  examination.
  468         (c) Graduation from a program leading to a master’s degree
  469  in a nursing clinical specialty area with preparation in
  470  specialized practitioner skills. For applicants graduating on or
  471  after October 1, 1998, graduation from a master’s degree program
  472  shall be required for initial certification as a nurse
  473  practitioner under paragraph (4)(c). For applicants graduating
  474  on or after October 1, 2001, graduation from a master’s degree
  475  program shall be required for initial certification as a
  476  registered nurse anesthetist under paragraph (4)(a).
  477         (2) The board shall provide by rule the appropriate
  478  requirements for advanced registered nurse practitioners in the
  479  categories of certified registered nurse anesthetist, certified
  480  nurse midwife, and nurse practitioner.
  481         (3) An advanced registered nurse practitioner shall perform
  482  those functions authorized in this section within the framework
  483  of an established protocol that is filed with the board upon
  484  biennial license renewal and within 30 days after entering into
  485  a supervisory relationship with a physician or changes to the
  486  protocol. The board shall review the protocol to ensure
  487  compliance with applicable regulatory standards for protocols.
  488  The board shall refer to the department licensees submitting
  489  protocols that are not compliant with the regulatory standards
  490  for protocols. A practitioner currently licensed under chapter
  491  458, chapter 459, or chapter 466 shall maintain supervision for
  492  directing the specific course of medical treatment. Within the
  493  established framework, an advanced registered nurse practitioner
  494  may:
  495         (a) Prescribe, dispense, administer, or order any Monitor
  496  and alter drug therapies.
  497         (b) Initiate appropriate therapies for certain conditions.
  498         (c) Perform additional functions as may be determined by
  499  rule in accordance with s. 464.003(2).
  500         (d) Order diagnostic tests and physical and occupational
  501  therapy.
  502         (4) In addition to the general functions specified in
  503  subsection (3), an advanced registered nurse practitioner may
  504  perform the following acts within his or her specialty:
  505         (a) The certified registered nurse anesthetist may, to the
  506  extent authorized by established protocol approved by the
  507  medical staff of the facility in which the anesthetic service is
  508  performed, perform any or all of the following:
  509         1. Determine the health status of the patient as it relates
  510  to the risk factors and to the anesthetic management of the
  511  patient through the performance of the general functions.
  512         2. Based on history, physical assessment, and supplemental
  513  laboratory results, determine, with the consent of the
  514  responsible physician, the appropriate type of anesthesia within
  515  the framework of the protocol.
  516         3. Order under the protocol preanesthetic medication.
  517         4. Perform under the protocol procedures commonly used to
  518  render the patient insensible to pain during the performance of
  519  surgical, obstetrical, therapeutic, or diagnostic clinical
  520  procedures. These procedures include ordering and administering
  521  regional, spinal, and general anesthesia; inhalation agents and
  522  techniques; intravenous agents and techniques; and techniques of
  523  hypnosis.
  524         5. Order or perform monitoring procedures indicated as
  525  pertinent to the anesthetic health care management of the
  526  patient.
  527         6. Support life functions during anesthesia health care,
  528  including induction and intubation procedures, the use of
  529  appropriate mechanical supportive devices, and the management of
  530  fluid, electrolyte, and blood component balances.
  531         7. Recognize and take appropriate corrective action for
  532  abnormal patient responses to anesthesia, adjunctive medication,
  533  or other forms of therapy.
  534         8. Recognize and treat a cardiac arrhythmia while the
  535  patient is under anesthetic care.
  536         9. Participate in management of the patient while in the
  537  postanesthesia recovery area, including ordering the
  538  administration of fluids and drugs.
  539         10. Place special peripheral and central venous and
  540  arterial lines for blood sampling and monitoring as appropriate.
  541         (b) The certified nurse midwife may, to the extent
  542  authorized by an established protocol which has been approved by
  543  the medical staff of the health care facility in which the
  544  midwifery services are performed, or approved by the nurse
  545  midwife’s physician backup when the delivery is performed in a
  546  patient’s home, perform any or all of the following:
  547         1. Perform superficial minor surgical procedures.
  548         2. Manage the patient during labor and delivery to include
  549  amniotomy, episiotomy, and repair.
  550         3. Order, initiate, and perform appropriate anesthetic
  551  procedures.
  552         4. Perform postpartum examination.
  553         5. Order appropriate medications.
  554         6. Provide family-planning services and well-woman care.
  555         7. Manage the medical care of the normal obstetrical
  556  patient and the initial care of a newborn patient.
  557         (c) The nurse practitioner may perform any or all of the
  558  following acts within the framework of established protocol:
  559         1. Manage selected medical problems.
  560         2. Order physical and occupational therapy.
  561         3. Initiate, monitor, or alter therapies for certain
  562  uncomplicated acute illnesses.
  563         4. Monitor and manage patients with stable chronic
  564  diseases.
  565         5. Establish behavioral problems and diagnosis and make
  566  treatment recommendations.
  567         (5) The board shall certify, and the department shall issue
  568  a certificate to, any nurse meeting the qualifications in this
  569  section. The board shall establish an application fee not to
  570  exceed $100 and a biennial renewal fee not to exceed $50. The
  571  board is authorized to adopt such other rules as are necessary
  572  to implement the provisions of this section.
  573         (6)(a) The board shall appoint a committee to recommend
  574  whether a formulary of controlled substances that an advanced
  575  registered nurse practitioner may not prescribe or may prescribe
  576  only for specific uses or subject to specific limitations is
  577  necessary to protect the health, safety, and welfare of the
  578  public. The committee shall consist of at least three advanced
  579  registered nurse practitioners, including a certified registered
  580  nurse anesthetist, a certified nurse midwife, and a nurse
  581  practitioner; at least one physician recommended by the Board of
  582  Medicine and one physician recommended by the Board of
  583  Osteopathic Medicine, both of whom have had work experience with
  584  advanced practice registered nurses; and a pharmacist licensed
  585  under chapter 465, but not licensed under chapter 458, chapter
  586  459, or this chapter, who shall be selected by the State Surgeon
  587  General. The committee may recommend a formulary applicable to
  588  all advanced registered nurse practitioners, limited by
  589  specialty certification, limited to approved uses of controlled
  590  substances, or subject to other similar restrictions it deems
  591  necessary to protect the health, safety, and welfare of the
  592  public.
  593         (b) If the committee recommends that a formulary be
  594  established, the board shall adopt a formulary by rule. Only the
  595  board may add to, delete from, or modify the formulary. A person
  596  who requests the addition, deletion, or modification of a
  597  controlled substance listed on the formulary has the burden of
  598  proof to show cause why the change should be made. The board
  599  shall post notice of any proposed, pending, or adopted changes
  600  to the formulary on its website.
  601         (c) The board shall initiate rulemaking, if required to
  602  implement the committee’s initial recommendation, no later than
  603  October 1, 2015.
  604         (d) If adopted by board rule, the formulary authorized in
  605  this subsection does not apply to orders for medications
  606  pursuant to subparagraph (4)(a)3. or subparagraph (4)(a)4.
  607         Section 13. Paragraph (p) is added to subsection (1) of
  608  section 464.018, Florida Statutes, to read:
  609         464.018 Disciplinary actions.—
  610         (1) The following acts constitute grounds for denial of a
  611  license or disciplinary action, as specified in s. 456.072(2):
  612         (p)For an advanced registered nurse practitioner:
  613         1.Presigning blank prescription forms.
  614         2.Prescribing for office use any medicinal drug appearing
  615  on Schedule II in chapter 893.
  616         3.Prescribing, ordering, dispensing, administering,
  617  supplying, selling, or giving a drug that is an amphetamine or a
  618  sympathomimetic amine drug, or a compound designated pursuant to
  619  chapter 893 as a Schedule II controlled substance, to or for any
  620  person except for:
  621         a. The treatment of narcolepsy; hyperkinesis; behavioral
  622  syndrome in children characterized by the developmentally
  623  inappropriate symptoms of moderate to severe distractibility,
  624  short attention span, hyperactivity, emotional lability, and
  625  impulsivity; or drug-induced brain dysfunction.
  626         b. The differential diagnostic psychiatric evaluation of
  627  depression or the treatment of depression shown to be refractory
  628  to other therapeutic modalities.
  629         c. The clinical investigation of the effects of such drugs
  630  or compounds when an investigative protocol is submitted to,
  631  reviewed by, and approved by the department before such
  632  investigation is begun.
  633         4. Prescribing, ordering, dispensing, administering,
  634  supplying, selling, or giving growth hormones, testosterone or
  635  its analogs, human chorionic gonadotropin (HCG), or other
  636  hormones for the purpose of muscle building or to enhance
  637  athletic performance. As used in this subparagraph, the term
  638  “muscle building” does not include the treatment of injured
  639  muscle. A prescription written for the drug products listed in
  640  this paragraph may be dispensed by a pharmacist with the
  641  presumption that the prescription is for legitimate medical use.
  642         5. Promoting or advertising on any prescription form a
  643  community pharmacy unless the form also states: “This
  644  prescription may be filled at any pharmacy of your choice.”
  645         6.Prescribing, dispensing, administering, mixing, or
  646  otherwise preparing a legend drug, including a controlled
  647  substance, other than in the course of his or her professional
  648  practice. For the purposes of this subparagraph, it is legally
  649  presumed that prescribing, dispensing, administering, mixing, or
  650  otherwise preparing legend drugs, including all controlled
  651  substances, inappropriately or in excessive or inappropriate
  652  quantities is not in the best interest of the patient and is not
  653  in the course of the advanced registered nurse practitioner’s
  654  professional practice, without regard to his or her intent.
  655         7.Prescribing, dispensing, or administering a medicinal
  656  drug appearing on any schedule set forth in chapter 893 to
  657  himself or herself, except a drug prescribed, dispensed, or
  658  administered to the advanced registered nurse practitioner by
  659  another practitioner authorized to prescribe, dispense, or
  660  administer medicinal drugs.
  661         8.Prescribing, ordering, dispensing, administering,
  662  supplying, selling, or giving amygdalin (laetrile) to any
  663  person.
  664         9.Dispensing a controlled substance listed on Schedule II
  665  or Schedule III in chapter 893 in violation of s. 465.0276.
  666         10.Promoting or advertising through any communication
  667  medium the use, sale, or dispensing of a controlled substance
  668  appearing on any schedule in chapter 893.
  669         Section 14. Subsection (21) of section 893.02, Florida
  670  Statutes, is amended to read:
  671         893.02 Definitions.—The following words and phrases as used
  672  in this chapter shall have the following meanings, unless the
  673  context otherwise requires:
  674         (21) “Practitioner” means a physician licensed under
  675  pursuant to chapter 458, a dentist licensed under pursuant to
  676  chapter 466, a veterinarian licensed under pursuant to chapter
  677  474, an osteopathic physician licensed under pursuant to chapter
  678  459, an advanced registered nurse practitioner certified under
  679  chapter 464, a naturopath licensed under pursuant to chapter
  680  462, a certified optometrist licensed under pursuant to chapter
  681  463, or a podiatric physician licensed under pursuant to chapter
  682  461, or a physician assistant licensed under chapter 458 or
  683  chapter 459, provided such practitioner holds a valid federal
  684  controlled substance registry number.
  685         Section 15. Paragraph (n) of subsection (1) of section
  686  948.03, Florida Statutes, is amended to read:
  687         948.03 Terms and conditions of probation.—
  688         (1) The court shall determine the terms and conditions of
  689  probation. Conditions specified in this section do not require
  690  oral pronouncement at the time of sentencing and may be
  691  considered standard conditions of probation. These conditions
  692  may include among them the following, that the probationer or
  693  offender in community control shall:
  694         (n) Be prohibited from using intoxicants to excess or
  695  possessing any drugs or narcotics unless prescribed by a
  696  physician, advanced registered nurse practitioner, or physician
  697  assistant. The probationer or community controllee may shall not
  698  knowingly visit places where intoxicants, drugs, or other
  699  dangerous substances are unlawfully sold, dispensed, or used.
  700         Section 16. Subsection (3) of s. 310.071, Florida Statutes,
  701  is reenacted for the purpose of incorporating the amendment made
  702  by this act to s. 310.071, Florida Statutes, in a reference
  703  thereto.
  704         Section 17. Subsection (10) of s. 458.331, paragraph (g) of
  705  subsection (7) of s. 458.347, subsection (10) of s. 459.015,
  706  paragraph (f) of subsection (7) of s. 459.022, and paragraph (b)
  707  of subsection (5) of s. 465.0158, Florida Statutes, are
  708  reenacted for the purpose of incorporating the amendment made by
  709  this act to s. 456.072, Florida Statutes, in references thereto.
  710         Section 18. Paragraph (mm) of subsection (1) of s. 456.072
  711  and s. 466.02751, Florida Statutes, are reenacted for the
  712  purpose of incorporating the amendment made by this act to s.
  713  456.44, Florida Statutes, in references thereto.
  714         Section 19. Section 458.303, paragraph (e) of subsection
  715  (4) and paragraph (c) of subsection (9) of s. 458.347, paragraph
  716  (b) of subsection (7) of s. 458.3475, paragraph (e) of
  717  subsection (4) and paragraph (c) of subsection (9) of s.
  718  459.022, and paragraph (b) of subsection (7) of s. 459.023,
  719  Florida Statutes, are reenacted for the purpose of incorporating
  720  the amendment made by this act to s. 458.347, Florida Statutes,
  721  in references thereto.
  722         Section 20. Paragraph (a) of subsection (1) of s. 456.041,
  723  subsections (1) and (2) of s. 458.348, and subsection (1) of s.
  724  459.025, Florida Statutes, are reenacted for the purpose of
  725  incorporating the amendment made by this act to s. 464.012,
  726  Florida Statutes, in references thereto.
  727         Section 21. Subsection (11) of s. 320.0848, subsection (2)
  728  of s. 464.008, subsection (5) of s. 464.009, subsection (2) of
  729  s. 464.018, and paragraph (b) of subsection (1), subsection (3),
  730  and paragraph (b) of subsection (4) of s. 464.0205, Florida
  731  Statutes, are reenacted for the purpose of incorporating the
  732  amendment made by this act to s. 464.018, Florida Statutes, in
  733  references thereto.
  734         Section 22. Section 775.051, Florida Statutes, is reenacted
  735  for the purpose of incorporating the amendment made by this act
  736  to s. 893.02, Florida Statutes, in a reference thereto.
  737         Section 23. Paragraph (a) of subsection (3) of s. 944.17,
  738  subsection (8) of s. 948.001, and paragraph (e) of subsection
  739  (1) of s. 948.101, Florida Statutes, are reenacted for the
  740  purpose of incorporating the amendment made by this act to s.
  741  948.03, Florida Statutes, in references thereto.
  742         Section 24. This act shall take effect July 1, 2015.