Florida Senate - 2020 SB 1020 By Senator Bean 4-01221-20 20201020__ 1 A bill to be entitled 2 An act relating to institutional formularies 3 established by nursing home facilities; creating s. 4 400.143, F.S.; defining terms; authorizing a nursing 5 home facility to establish and implement an 6 institutional formulary; requiring such formulary to 7 be developed by a committee established by the nursing 8 home facility; providing for committee membership; 9 providing requirements for the development and 10 implementation of the institutional formulary; 11 requiring a nursing home facility to maintain written 12 policies and procedures for the institutional 13 formulary; requiring a nursing home facility to make 14 available such policies and procedures to the Agency 15 for Health Care Administration, upon request; 16 requiring a prescriber to annually authorize the use 17 of the institutional formulary for certain patients; 18 requiring the prescriber to opt into any changes made 19 to the institutional formulary; authorizing a 20 prescriber to opt out of use of the institutional 21 formulary or to prevent a therapeutic substitution, 22 under certain circumstances; prohibiting a nursing 23 home facility from taking adverse action against a 24 prescriber for refusing to agree to the use of the 25 institutional formulary; amending s. 465.025, F.S.; 26 authorizing a pharmacist to therapeutically substitute 27 medicinal drugs under an institutional formulary 28 established by a nursing home facility, under certain 29 circumstances; prohibiting a pharmacist from 30 therapeutically substituting a medicinal drug, under 31 certain circumstances; providing an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Section 400.143, Florida Statutes, is created to 36 read: 37 400.143 Institutional formularies established by nursing 38 home facilities.— 39 (1) For purposes of this section, the term: 40 (a) “Institutional formulary” means a list of medicinal 41 drugs established by a nursing home facility under this section 42 for which a pharmacist may use a therapeutic substitution for a 43 medicinal drug prescribed to a resident of the facility. 44 (b) “Medicinal drug” has the same meaning as provided in s. 45 465.003(8). 46 (c) “Prescriber” has the same meaning as provided in s. 47 465.025(1). 48 (d) “Therapeutic substitution” means the practice of 49 replacing a nursing home facility resident’s prescribed 50 medicinal drug with another chemically different medicinal drug 51 that is expected to have the same clinical effect. 52 (2) A nursing home facility may establish and implement an 53 institutional formulary in accordance with the requirements of 54 this section. 55 (3) A nursing home facility that implements an 56 institutional formulary under this section shall: 57 (a) Establish a committee to develop the institutional 58 formulary and written guidelines or procedures for such 59 institutional formulary. The committee must consist of, at a 60 minimum, all of the following: 61 1. The facility’s medical director. 62 2. The facility’s director of nursing services. 63 3. A consultant pharmacist licensed by the Department of 64 Health and certified under s. 465.0125. 65 (b) Establish methods and criteria for selecting and 66 objectively evaluating all available pharmaceutical products 67 that may be used as therapeutic substitutes. 68 (c) Establish policies and procedures for developing and 69 maintaining the institutional formulary and for approving, 70 disseminating, and notifying prescribers of the institutional 71 formulary. 72 (d) Perform quarterly monitoring to ensure compliance with 73 the policies and procedures established under paragraph (c) and 74 monitor the clinical outcomes in circumstances in which a 75 therapeutic substitution has occurred. 76 (4) The nursing home facility shall maintain all written 77 policies and procedures for the institutional formulary 78 established under this section. Each nursing home facility shall 79 make available such policies and procedures to the agency, upon 80 request. 81 (5)(a) A prescriber shall annually authorize the 82 institutional formulary for his or her patients and shall opt 83 into any subsequent changes made to a nursing home facility’s 84 institutional formulary. 85 (b) A prescriber may opt out of the nursing home facility’s 86 institutional formulary with respect to a particular patient, 87 medicinal drug, or class of medicinal drugs. 88 (c) A prescriber may prevent a therapeutic substitution for 89 a specific medication order if such order is provided verbally 90 or generated and transmitted electronically by indicating “NO 91 THERAPEUTIC SUBSTITUTION” on the prescription. 92 (d) A nursing home facility may not take adverse action 93 against a prescriber for refusing to agree to the use of the 94 facility’s institutional formulary. 95 Section 2. Subsection (9) is added to section 465.025, 96 Florida Statutes, to read: 97 465.025 Substitution of drugs.— 98 (9) A pharmacist may therapeutically substitute medicinal 99 drugs in accordance with an institutional formulary established 100 under s. 400.143 for the resident of a nursing home facility if 101 the prescriber has agreed to the use of such institutional 102 formulary. The pharmacist may not therapeutically substitute a 103 medicinal drug pursuant to the facility’s institutional 104 formulary if the prescriber indicates verbally or electronically 105 on the prescription “NO THERAPEUTIC SUBSTITUTION,” as authorized 106 under s. 400.143(5)(c). 107 Section 3. This act shall take effect July 1, 2020.