Florida Senate - 2020 CS for SB 1094
By the Committee on Health Policy; and Senator Diaz
588-03469-20 20201094c1
1 A bill to be entitled
2 An act relating to consultant pharmacists; amending s.
3 465.003, F.S.; revising the definition of the term
4 “practice of the profession of pharmacy”; amending s.
5 465.0125, F.S.; requiring a pharmacist to complete
6 additional training to be licensed as a consultant
7 pharmacist; authorizing a consultant pharmacist to
8 perform specified services under certain conditions;
9 prohibiting a consultant pharmacist from modifying or
10 discontinuing medicinal drugs prescribed by a health
11 care practitioner under certain conditions; revising
12 the responsibilities of a consultant pharmacist;
13 requiring a consultant pharmacist and a collaborating
14 practitioner to maintain collaborative practice
15 agreements; requiring collaborative practice
16 agreements to be made available upon request from or
17 upon inspection by the Department of Health;
18 prohibiting a consultant pharmacist from diagnosing
19 any disease or condition; defining the term “health
20 care facility”; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsection (13) of section 465.003, Florida
25 Statutes, is amended to read:
26 465.003 Definitions.—As used in this chapter, the term:
27 (13) “Practice of the profession of pharmacy” includes
28 compounding, dispensing, and consulting concerning contents,
29 therapeutic values, and uses of any medicinal drug; consulting
30 concerning therapeutic values and interactions of patent or
31 proprietary preparations, whether pursuant to prescriptions or
32 in the absence and entirely independent of such prescriptions or
33 orders; and conducting other pharmaceutical services. For
34 purposes of this subsection, the term “other pharmaceutical
35 services” means the monitoring of the patient’s drug therapy and
36 assisting the patient in the management of his or her drug
37 therapy, and includes reviewing, and making recommendations
38 regarding, review of the patient’s drug therapy and health care
39 status in communication with the patient’s prescribing health
40 care provider as licensed under chapter 458, chapter 459,
41 chapter 461, or chapter 466, or a similar statutory provision in
42 another jurisdiction, or such provider’s agent or such other
43 persons as specifically authorized by the patient, regarding the
44 drug therapy. However, nothing in this subsection may not be
45 interpreted to permit an alteration of a prescriber’s
46 directions, the diagnosis or treatment of any disease, the
47 initiation of any drug therapy, the practice of medicine, or the
48 practice of osteopathic medicine, unless otherwise permitted by
49 law. The term “practice of the profession of pharmacy” also
50 includes any other act, service, operation, research, or
51 transaction incidental to, or forming a part of, any of the
52 foregoing acts, requiring, involving, or employing the science
53 or art of any branch of the pharmaceutical profession, study, or
54 training, and shall expressly permit a pharmacist to transmit
55 information from persons authorized to prescribe medicinal drugs
56 to their patients. The practice of the profession of pharmacy
57 also includes the administration of vaccines to adults pursuant
58 to s. 465.189 and the preparation of prepackaged drug products
59 in facilities holding Class III institutional pharmacy permits.
60 The term also includes ordering and evaluating any laboratory or
61 clinical testing; conducting patient assessments; and modifying,
62 discontinuing, or administering medicinal drugs pursuant to s.
63 465.0125 by a consultant pharmacist.
64 Section 2. Section 465.0125, Florida Statutes, is amended
65 to read:
66 465.0125 Consultant pharmacist license; application,
67 renewal, fees; responsibilities; rules.—
68 (1) The department shall issue or renew a consultant
69 pharmacist license upon receipt of an initial or renewal
70 application that which conforms to the requirements for
71 consultant pharmacist initial licensure or renewal as adopted
72 promulgated by the board by rule and a fee set by the board not
73 to exceed $250. To be licensed as a consultant pharmacist, a
74 pharmacist must complete additional training as required by the
75 board.
76 (a) A consultant pharmacist may provide medication
77 management services in a health care facility within the
78 framework of a written collaborative practice agreement between
79 the pharmacist and a health care facility medical director or a
80 physician licensed under chapter 458 or chapter 459, a podiatric
81 physician licensed under chapter 461, or a dentist licensed
82 under chapter 466 who is authorized to prescribe medicinal
83 drugs. A consultant pharmacist may provide medication management
84 services, conduct patient assessments, and order and evaluate
85 laboratory or clinical testing only for patients of the health
86 care practitioner with whom the consultant pharmacist has a
87 written collaborative practice agreement.
88 (b) A written collaborative practice agreement must outline
89 the circumstances under which the consultant pharmacist may:
90 1. Order and evaluate any laboratory or clinical tests to
91 promote and evaluate patient health and wellness, and monitor
92 drug therapy and treatment outcomes.
93 2. Conduct patient assessments as appropriate to evaluate
94 and monitor drug therapy.
95 3. Modify or discontinue medicinal drugs as outlined in the
96 agreed-upon patient-specific order or preapproved treatment
97 protocol under the direction of a physician. However, a
98 consultant pharmacist may not modify or discontinue medicinal
99 drugs prescribed by a health care practitioner who does not have
100 a written collaborative practice agreement with the consultant
101 pharmacist.
102 4. Administer medicinal drugs.
103 (c) A The consultant pharmacist shall maintain be
104 responsible for maintaining all drug, patient care, and quality
105 assurance records as required by law and, with the collaborating
106 practitioner, shall maintain written collaborative practice
107 agreements that must be available upon request from or upon
108 inspection by the department.
109 (d) This subsection does not authorize a consultant
110 pharmacist to diagnose any disease or condition.
111 (e) For purposes of this subsection, the term “health care
112 facility” means an ambulatory surgical center or hospital
113 licensed under chapter 395, an alcohol or chemical dependency
114 treatment center licensed under chapter 397, an inpatient
115 hospice licensed under part IV of chapter 400, a nursing home
116 licensed under part II of chapter 400, an ambulatory care center
117 as defined in s. 408.07, or a nursing home component under
118 chapter 400 within a continuing care facility licensed under
119 chapter 651 for establishing drug handling procedures for the
120 safe handling and storage of drugs. The consultant pharmacist
121 may also be responsible for ordering and evaluating any
122 laboratory or clinical testing when, in the judgment of the
123 consultant pharmacist, such activity is necessary for the proper
124 performance of the consultant pharmacist’s responsibilities.
125 Such laboratory or clinical testing may be ordered only with
126 regard to patients residing in a nursing home facility, and then
127 only when authorized by the medical director of the nursing home
128 facility. The consultant pharmacist must have completed such
129 additional training and demonstrate such additional
130 qualifications in the practice of institutional pharmacy as
131 shall be required by the board in addition to licensure as a
132 registered pharmacist.
133 (2) Notwithstanding the provisions of subsection (1), a
134 consultant pharmacist or a doctor of pharmacy licensed in this
135 state may also be responsible for ordering and evaluating any
136 laboratory or clinical testing for persons under the care of a
137 licensed home health agency when, in the judgment of the
138 consultant pharmacist or doctor of pharmacy, such activity is
139 necessary for the proper performance of his or her
140 responsibilities and only when authorized by a practitioner
141 licensed under chapter 458, chapter 459, chapter 461, or chapter
142 466. In order for the consultant pharmacist or doctor of
143 pharmacy to qualify and accept this authority, he or she must
144 receive 3 hours of continuing education relating to laboratory
145 and clinical testing as established by the board.
146 (3) The board shall adopt promulgate rules necessary to
147 implement and administer this section.
148 Section 3. This act shall take effect July 1, 2020.