Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SB 1170
Ì916040mÎ916040
LEGISLATIVE ACTION
Senate . House
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The Committee on Health Policy (Diaz) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Before line 14
4 insert:
5 Section 1. Subsection (2) of section 381.0031, Florida
6 Statutes, is amended to read:
7 381.0031 Epidemiological research; report of diseases of
8 public health significance to department.—
9 (2) Any practitioner licensed in this state to practice
10 medicine, osteopathic medicine, chiropractic medicine,
11 naturopathy, or veterinary medicine; any licensed pharmacist
12 authorized pursuant to a written protocol to order and evaluate
13 laboratory and clinical tests; any hospital licensed under part
14 I of chapter 395; or any laboratory appropriately certified by
15 the Centers for Medicare and Medicaid Services under the federal
16 Clinical Laboratory Improvement Amendments, and the federal
17 rules adopted thereunder, which diagnoses or suspects the
18 existence of a disease of public health significance shall
19 immediately report the fact to the Department of Health.
20 Section 2. Subsection (13) of section 465.003, Florida
21 Statutes, is amended to read:
22 465.003 Definitions.—As used in this chapter, the term:
23 (13) “Practice of the profession of pharmacy” includes
24 compounding, dispensing, and consulting concerning contents,
25 therapeutic values, and uses of any medicinal drug; consulting
26 concerning therapeutic values and interactions of patent or
27 proprietary preparations, whether pursuant to prescriptions or
28 in the absence and entirely independent of such prescriptions or
29 orders; and conducting other pharmaceutical services. For
30 purposes of this subsection, “other pharmaceutical services”
31 means the monitoring of the patient’s drug therapy and assisting
32 the patient in the management of his or her drug therapy, and
33 includes review of the patient’s drug therapy and communication
34 with the patient’s prescribing health care provider as licensed
35 under chapter 458, chapter 459, chapter 461, or chapter 466, or
36 similar statutory provision in another jurisdiction, or such
37 provider’s agent or such other persons as specifically
38 authorized by the patient, regarding the drug therapy. However,
39 nothing in this subsection may be interpreted to permit an
40 alteration of a prescriber’s directions, the diagnosis or
41 treatment of any disease, the initiation of any drug therapy,
42 the practice of medicine, or the practice of osteopathic
43 medicine, unless otherwise permitted by law. “Practice of the
44 profession of pharmacy” also includes any other act, service,
45 operation, research, or transaction incidental to, or forming a
46 part of, any of the foregoing acts, requiring, involving, or
47 employing the science or art of any branch of the pharmaceutical
48 profession, study, or training, and shall expressly permit a
49 pharmacist to transmit information from persons authorized to
50 prescribe medicinal drugs to their patients. The practice of the
51 profession of pharmacy also includes the administration of
52 vaccines to adults pursuant to s. 465.189, the testing for and
53 treatment of influenza and streptococcus pursuant to s.
54 465.1895, and the preparation of prepackaged drug products in
55 facilities holding Class III institutional pharmacy permits.
56 Section 3. Section 465.1895, Florida Statutes, is created
57 to read:
58 465.1895 Testing for and treatment of influenza and
59 streptococcus.—
60 (1) A pharmacist may test for and treat influenza and
61 streptococcus if all of the following criteria are met:
62 (a) The pharmacist has entered into a written protocol with
63 a supervising physician licensed under chapter 458 or chapter
64 459 and such protocol complies with the requirements as
65 specified in subsection (5) and board rules.
66 (b) The pharmacist uses an instrument and a waived test, as
67 that term is defined in 42 C.F.R. s. 493.2.
68 (c) The pharmacist uses a testing system that:
69 1. Provides automated readings in order to reduce user
70 subjectivity or interpretation of results;
71 2. Is capable of directly or indirectly interfacing with
72 electronic medical records systems; and
73 3. Is capable of electronically reporting daily de
74 identified test results to the appropriate agencies.
75 (d) The pharmacist is certified to test for and treat
76 influenza and streptococcus pursuant to a certification program
77 approved by the board, in consultation with the Board of
78 Medicine and the Board of Osteopathic Medicine, within 90 days
79 after the date this section becomes effective. The certification
80 program must require that the pharmacist attend, on a one-time
81 basis, 8 hours of continuing education courses approved by the
82 board. The continuing education curriculum must be provided by
83 an training organization approved by the Accreditation Council
84 for Pharmacy Education and must include, at a minimum, point-of
85 care testing for influenza and streptococcus and the safe and
86 effective treatment of influenza and streptococcus.
87 (2) A pharmacist may not enter into a written protocol
88 under this section unless he or she maintains at least $200,000
89 of professional liability insurance and is certified as required
90 in paragraph (1)(d).
91 (3) A pharmacist who tests for and treats influenza and
92 streptococcus shall maintain and make available patient records
93 using the same standards for confidentiality and maintenance of
94 such records as those that are imposed on health care
95 practitioners under s. 456.057. Such records must be maintained
96 for at least 5 years.
97 (4) The decision by a supervising physician licensed under
98 chapter 458 or chapter 459 to enter into a written protocol
99 under this section is a professional decision on the part of the
100 physician, and a person may not interfere with a physician’s
101 decision regarding entering into such a protocol. A pharmacist
102 may not enter into a written protocol that is to be performed
103 while he or she is acting as an employee without the written
104 approval of the owner of the pharmacy.
105 (5) The board shall adopt rules establishing the
106 requirements for the written protocol within 90 days after the
107 date this section becomes effective. At a minimum, the written
108 protocol must include:
109 (a) The terms and conditions as required in s. 465.189(7);
110 (b) Specific categories of patients for whom the
111 supervising physician authorizes the pharmacist to test for and
112 treat influenza and streptococcus;
113 (c) The supervising physician’s instructions for the
114 treatment of influenza and streptococcus, based on the patient’s
115 age, symptoms, and test results, including negative results;
116 (d) A process and schedule for the supervising physician to
117 review the pharmacist’s actions under the written protocol; and
118 (e) A process and schedule for the pharmacist to notify the
119 supervising physician of the patient’s condition, tests
120 administered, test results, and course of treatment.
121 (6) A pharmacist who provides testing for or treatment of
122 influenza and streptococcus under this section shall notify the
123 patient’s primary care provider within 2 business days after
124 providing any such testing or treatment.
125
126 ================= T I T L E A M E N D M E N T ================
127 And the title is amended as follows:
128 Delete line 2
129 and insert:
130 An act relating to pharmacy; amending s. 381.0031,
131 F.S.; requiring specified licensed pharmacists to
132 report certain information to the Department of
133 Health; amending s. 465.003, F.S.; revising the
134 definition of the term “practice of the profession of
135 pharmacy”; creating s. 465.1895, F.S.; authorizing
136 pharmacists who meet certain criteria to test for and
137 treat influenza and streptococcus; providing
138 requirements relating thereto; specifying requirements
139 for the certification program and for certain
140 continuing education; requiring that the written
141 protocol between a pharmacist and supervising
142 physician contain certain information, terms, and
143 conditions; requiring the Board of Pharmacy to adopt
144 rules within a specified time; requiring that a
145 pharmacist notify a patient’s primary care provider
146 within a specified time after providing any such
147 testing or treatment;