Florida Senate - 2021                              CS for SB 894
       
       
        
       By the Committee on Health Policy; and Senator Diaz
       
       
       
       
       
       588-02977-21                                           2021894c1
    1                        A bill to be entitled                      
    2         An act relating to physician assistants; amending ss.
    3         458.347 and 459.022, F.S.; revising legislative
    4         intent; defining and redefining terms; deleting a
    5         limitation on the number of physician assistants a
    6         physician may supervise at one time; deleting a
    7         provision prohibiting a requirement that a supervising
    8         physician review and cosign charts or medical records
    9         prepared by a physician assistant under his or her
   10         supervision; deleting a requirement that a physician
   11         assistant inform his or her patients that they have
   12         the right to see a physician before the physician
   13         assistant prescribes or dispenses a prescription;
   14         authorizing physician assistants to procure drugs and
   15         medical devices; providing an exception; conforming
   16         provisions to changes made by the act; revising
   17         requirements for a certain formulary; authorizing
   18         physician assistants to authenticate documents that
   19         may be authenticated by a physician; authorizing
   20         physician assistants to supervise medical assistants;
   21         authorizing third-party payors to reimburse employers
   22         of physician assistants for services rendered;
   23         providing requirements for such payment for services;
   24         authorizing physician assistants to bill for and
   25         receive direct payment for services they deliver;
   26         revising provisions relating to approved programs for
   27         physician assistants; revising provisions relating to
   28         physician assistant licensure requirements; amending
   29         ss. 382.008, 394.463, and 401.45, F.S.; conforming
   30         provisions relating to certificates of death,
   31         certificates for involuntary examinations, and orders
   32         not to resuscitate, respectively, to changes made by
   33         the act; providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Subsections (1) through (6), paragraphs (a),
   38  (d), and (e) of subsection (7), and subsection (13) of section
   39  458.347, Florida Statutes, are amended to read:
   40         458.347 Physician assistants.—
   41         (1) LEGISLATIVE INTENT.—
   42         (a) The purpose of this section is to authorize physician
   43  assistants, with their education, training, and experience in
   44  the field of medicine, to provide increased efficiency of and
   45  access to high-quality medical services at a reasonable cost to
   46  consumers encourage more effective utilization of the skills of
   47  physicians or groups of physicians by enabling them to delegate
   48  health care tasks to qualified assistants when such delegation
   49  is consistent with the patient’s health and welfare.
   50         (b) In order that maximum skills may be obtained within a
   51  minimum time period of education, a physician assistant shall be
   52  specialized to the extent that he or she can operate efficiently
   53  and effectively in the specialty areas in which he or she has
   54  been trained or is experienced.
   55         (c) The purpose of this section is to encourage the
   56  utilization of physician assistants by physicians and to allow
   57  for innovative development of programs for the education of
   58  physician assistants.
   59         (2) DEFINITIONS.—As used in this section, the term:
   60         (a) “Approved program” means a physician assistant program
   61  in the United States or in its territories or possessions which
   62  is accredited by the Accreditation Review Commission on
   63  Education for the Physician Assistant or, for programs before
   64  2001, accredited by its equivalent or predecessor entities the
   65  Committee on Allied Health Education and Accreditation or the
   66  Commission on Accreditation of Allied Health Education Programs
   67  program, formally approved by the boards, for the education of
   68  physician assistants.
   69         (b) “Boards” means the Board of Medicine and the Board of
   70  Osteopathic Medicine.
   71         (d)(c) “Council” means the Council on Physician Assistants.
   72         (h)(d) “Trainee” means a person who is currently enrolled
   73  in an approved program.
   74         (e) “Physician assistant” means a person who is a graduate
   75  of an approved program or its equivalent or meets standards
   76  approved by the boards and is licensed to perform medical
   77  services delegated by the supervising physician.
   78         (f) “Physician assistant national certifying examination”
   79  means the Physician Assistant National Certifying Examination
   80  administered by the National Commission on Certification of
   81  Physician Assistants or its successor agency.
   82         (g) “Supervision” means responsible supervision and
   83  control. Except in cases of emergency, supervision requires the
   84  easy availability or physical presence of the licensed physician
   85  for consultation and direction of the actions of the physician
   86  assistant. For the purposes of this definition, the term “easy
   87  availability” includes the ability to communicate by way of
   88  telecommunication. The boards shall establish rules as to what
   89  constitutes responsible supervision of the physician assistant.
   90         (g) “Proficiency examination” means an entry-level
   91  examination approved by the boards, including, but not limited
   92  to, those examinations administered by the National Commission
   93  on Certification of Physician Assistants.
   94         (c)(h) “Continuing medical education” means courses
   95  recognized and approved by the boards, the American Academy of
   96  Physician Assistants, the American Medical Association, the
   97  American Osteopathic Association, or the Accreditation Council
   98  on Continuing Medical Education.
   99         (3) PERFORMANCE OF SUPERVISING PHYSICIAN.—Each physician or
  100  group of physicians supervising a licensed physician assistant
  101  must be qualified in the medical areas in which the physician
  102  assistant is to perform and shall be individually or
  103  collectively responsible and liable for the performance and the
  104  acts and omissions of the physician assistant. A physician may
  105  not supervise more than four currently licensed physician
  106  assistants at any one time. A physician supervising a physician
  107  assistant pursuant to this section may not be required to review
  108  and cosign charts or medical records prepared by such physician
  109  assistant.
  110         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  111         (a) The boards shall adopt, by rule, the general principles
  112  that supervising physicians must use in developing the scope of
  113  practice of a physician assistant under direct supervision and
  114  under indirect supervision. These principles shall recognize the
  115  diversity of both specialty and practice settings in which
  116  physician assistants are used.
  117         (b) This chapter does not prevent third-party payors from
  118  reimbursing employers of physician assistants for covered
  119  services rendered by licensed physician assistants.
  120         (c) Licensed physician assistants may not be denied
  121  clinical hospital privileges, except for cause, so long as the
  122  supervising physician is a staff member in good standing.
  123         (d) A supervisory physician may delegate to a licensed
  124  physician assistant, pursuant to a written protocol, the
  125  authority to act according to s. 154.04(1)(c). Such delegated
  126  authority is limited to the supervising physician’s practice in
  127  connection with a county health department as defined and
  128  established pursuant to chapter 154. The boards shall adopt
  129  rules governing the supervision of physician assistants by
  130  physicians in county health departments.
  131         (e) A supervising physician may delegate to a fully
  132  licensed physician assistant the authority to prescribe or
  133  dispense any medication used in the supervising physician’s
  134  practice unless such medication is listed on the formulary
  135  created pursuant to paragraph (f). A fully licensed physician
  136  assistant may only prescribe or dispense such medication under
  137  the following circumstances:
  138         1. A physician assistant must clearly identify to the
  139  patient that he or she is a physician assistant and inform the
  140  patient that the patient has the right to see the physician
  141  before a prescription is prescribed or dispensed by the
  142  physician assistant.
  143         2. The supervising physician must notify the department of
  144  his or her intent to delegate, on a department-approved form,
  145  before delegating such authority and of any change in
  146  prescriptive privileges of the physician assistant. Authority to
  147  dispense may be delegated only by a supervising physician who is
  148  registered as a dispensing practitioner in compliance with s.
  149  465.0276.
  150         3. A fully licensed physician assistant may procure medical
  151  devices and drugs unless the medication is listed on the
  152  formulary created pursuant to paragraph (f).
  153         4. The physician assistant must complete a minimum of 10
  154  continuing medical education hours in the specialty practice in
  155  which the physician assistant has prescriptive privileges with
  156  each licensure renewal. Three of the 10 hours must consist of a
  157  continuing education course on the safe and effective
  158  prescribing of controlled substance medications which is offered
  159  by a statewide professional association of physicians in this
  160  state accredited to provide educational activities designated
  161  for the American Medical Association Physician’s Recognition
  162  Award Category 1 credit or designated by the American Academy of
  163  Physician Assistants as a Category 1 credit.
  164         4. The department may issue a prescriber number to the
  165  physician assistant granting authority for the prescribing of
  166  medicinal drugs authorized within this paragraph upon completion
  167  of the requirements of this paragraph. The physician assistant
  168  is not required to independently register pursuant to s.
  169  465.0276.
  170         5. The prescription may be in paper or electronic form but
  171  must comply with ss. 456.0392(1) and 456.42(1) and chapter 499
  172  and must contain the physician assistant’s, in addition to the
  173  supervising physician’s name, address, and telephone number, the
  174  physician assistant’s prescriber number. Unless it is a drug or
  175  drug sample dispensed by the physician assistant, the
  176  prescription must be filled in a pharmacy permitted under
  177  chapter 465 and must be dispensed in that pharmacy by a
  178  pharmacist licensed under chapter 465. The inclusion of the
  179  prescriber number creates a presumption that the physician
  180  assistant is authorized to prescribe the medicinal drug and the
  181  prescription is valid.
  182         6. The physician assistant must note the prescription or
  183  dispensing of medication in the appropriate medical record.
  184         (f)1. The council shall establish a formulary of medicinal
  185  drugs that a fully licensed physician assistant having
  186  prescribing authority under this section or s. 459.022 may not
  187  prescribe. The formulary must include general anesthetics and
  188  radiographic contrast materials and must limit the prescription
  189  of Schedule II controlled substances as listed in s. 893.03 to a
  190  7-day supply. The formulary must also restrict the prescribing
  191  of psychiatric mental health controlled substances for children
  192  younger than 18 years of age.
  193         2. In establishing the formulary, the council shall consult
  194  with a pharmacist licensed under chapter 465, but not licensed
  195  under this chapter or chapter 459, who shall be selected by the
  196  State Surgeon General.
  197         3. Only the council shall add to, delete from, or modify
  198  the formulary. Any person who requests an addition, a deletion,
  199  or a modification of a medicinal drug listed on such formulary
  200  has the burden of proof to show cause why such addition,
  201  deletion, or modification should be made.
  202         4. The boards shall adopt the formulary required by this
  203  paragraph, and each addition, deletion, or modification to the
  204  formulary, by rule. Notwithstanding any provision of chapter 120
  205  to the contrary, the formulary rule shall be effective 60 days
  206  after the date it is filed with the Secretary of State. Upon
  207  adoption of the formulary, the department shall mail a copy of
  208  such formulary to each fully licensed physician assistant having
  209  prescribing authority under this section or s. 459.022, and to
  210  each pharmacy licensed by the state. The boards shall establish,
  211  by rule, a fee not to exceed $200 to fund the provisions of this
  212  paragraph and paragraph (e).
  213         (g) A supervisory physician may delegate to a licensed
  214  physician assistant the authority to, and the licensed physician
  215  assistant acting under the direction of the supervisory
  216  physician may, order any medication for administration to the
  217  supervisory physician’s patient in a facility licensed under
  218  chapter 395 or part II of chapter 400, notwithstanding any
  219  provisions in chapter 465 or chapter 893 which may prohibit this
  220  delegation.
  221         (h) A licensed physician assistant may perform services
  222  delegated by the supervising physician in the physician
  223  assistant’s practice in accordance with his or her education and
  224  training unless expressly prohibited under this chapter, chapter
  225  459, or rules adopted under this chapter or chapter 459.
  226         (i)A physician assistant may authenticate any document
  227  with his or her signature, certification, stamp, verification,
  228  affidavit, or endorsement if such document may be so
  229  authenticated by the signature, certification, stamp,
  230  verification, affidavit, or endorsement of a physician. Such
  231  documents include, but are not limited to, any of the following:
  232         1.Initiation of an involuntary examination pursuant to s.
  233  394.463.
  234         2.Do-not-resuscitate orders or physician orders for the
  235  administration of life-sustaining treatment.
  236         3.Death certificates.
  237         4.School physical examinations.
  238         5.Medical evaluations for workers’ compensation claims,
  239  including date of maximum medical improvement as defined in s.
  240  440.02.
  241         6.Orders for physical therapy, occupational therapy,
  242  speech-language therapy, home health services, or durable
  243  medical equipment.
  244         (j)A physician assistant may supervise medical assistants
  245  as defined in this chapter and chapter 459.
  246         (k)This chapter authorizes third-party payors to reimburse
  247  employers of physician assistants for covered services rendered
  248  by licensed physician assistants. Payment for services within
  249  the physician assistant’s scope of practice must be made when
  250  ordered or performed by a physician assistant if the same
  251  service would have been covered if ordered or performed by a
  252  physician. Physician assistants are authorized to bill for and
  253  receive direct payment for the services they deliver.
  254         (5) PERFORMANCE BY TRAINEES.—Notwithstanding any other law,
  255  a trainee may perform medical services when such services are
  256  rendered within the scope of an approved program.
  257         (6) PROGRAM APPROVAL.—
  258         (a) The boards shall approve programs, based on
  259  recommendations by the council, for the education and training
  260  of physician assistants which meet standards established by rule
  261  of the boards. The council may recommend only those physician
  262  assistant programs that hold full accreditation or provisional
  263  accreditation from the Accreditation Review Commission on
  264  Education for the Physician Assistant or its successor entity
  265  or, before 2001, from the Committee on Allied Health Education
  266  and Accreditation or the Commission on Accreditation of Allied
  267  Health Programs or its successor organization. Any educational
  268  institution offering a physician assistant program approved by
  269  the boards pursuant to this paragraph may also offer the
  270  physician assistant program authorized in paragraph (c) for
  271  unlicensed physicians.
  272         (b) Notwithstanding any other law, a trainee may perform
  273  medical services when such services are rendered within the
  274  scope of an approved program The boards shall adopt and publish
  275  standards to ensure that such programs operate in a manner that
  276  does not endanger the health or welfare of the patients who
  277  receive services within the scope of the programs. The boards
  278  shall review the quality of the curricula, faculties, and
  279  facilities of such programs and take whatever other action is
  280  necessary to determine that the purposes of this section are
  281  being met.
  282         (c) Any community college with the approval of the State
  283  Board of Education may conduct a physician assistant program
  284  which shall apply for national accreditation through the
  285  American Medical Association’s Committee on Allied Health,
  286  Education, and Accreditation, or its successor organization, and
  287  which may admit unlicensed physicians, as authorized in
  288  subsection (7), who are graduates of foreign medical schools
  289  listed with the World Health Organization. The unlicensed
  290  physician must have been a resident of this state for a minimum
  291  of 12 months immediately prior to admission to the program. An
  292  evaluation of knowledge base by examination shall be required to
  293  grant advanced academic credit and to fulfill the necessary
  294  requirements to graduate. A minimum of one 16-week semester of
  295  supervised clinical and didactic education, which may be
  296  completed simultaneously, shall be required before graduation
  297  from the program. All other provisions of this section shall
  298  remain in effect.
  299         (6)(7) PHYSICIAN ASSISTANT LICENSURE.—
  300         (a) Any person desiring to be licensed as a physician
  301  assistant must apply to the department. The department shall
  302  issue a license to any person certified by the council as having
  303  met all of the following requirements:
  304         1. Is at least 18 years of age.
  305         2. Has graduated from an approved program.
  306         a.For an applicant who graduated after December 31, 2020,
  307  has received a master’s degree in accordance with the
  308  Accreditation Review Commission on Education for the Physician
  309  Assistant or, before 2001, its equivalent or predecessor
  310  organization.
  311         b.For an applicant who graduated on or before December 31,
  312  2020, has received a bachelor’s or master’s degree from an
  313  approved program.
  314         c.For an applicant who graduated before July 1, 1994, has
  315  graduated from an approved program of instruction in primary
  316  health care or surgery.
  317         d.For an applicant who graduated before July 1, 1983, has
  318  received a certification as a physician assistant from the
  319  boards.
  320         e.The board may also grant a license to an applicant who
  321  does not meet the educational requirement specified in this
  322  subparagraph but who has passed the Physician Assistant National
  323  Certifying Examination administered by the National Commission
  324  on Certification of Physician Assistants before 1986.
  325         3. Has obtained a passing score as satisfactorily passed a
  326  proficiency examination by an acceptable score established by
  327  the National Commission on Certification of Physician Assistants
  328  or its equivalent or successor organization and has been
  329  nationally certified. If an applicant does not hold a current
  330  certificate issued by the National Commission on Certification
  331  of Physician Assistants or its equivalent or successor
  332  organization and has not actively practiced as a physician
  333  assistant within the immediately preceding 4 years, the
  334  applicant must retake and successfully complete the entry-level
  335  examination of the National Commission on Certification of
  336  Physician Assistants or its equivalent or successor organization
  337  to be eligible for licensure.
  338         4.3. Has completed the application form and remitted an
  339  application fee not to exceed $300 as set by the boards. An
  340  application for licensure as made by a physician assistant must
  341  include:
  342         a. A diploma from an approved certificate of completion of
  343  a physician assistant training program specified in subsection
  344  (6).
  345         b. Acknowledgment of any prior felony convictions.
  346         c. Acknowledgment of any previous revocation or denial of
  347  licensure or certification in any state.
  348         d. A copy of course transcripts and a copy of the course
  349  description from a physician assistant training program
  350  describing course content in pharmacotherapy, if the applicant
  351  wishes to apply for prescribing authority. These documents must
  352  meet the evidence requirements for prescribing authority.
  353         (d) Upon employment as a physician assistant, a licensed
  354  physician assistant must notify the department in writing within
  355  30 days after such employment or after any subsequent changes in
  356  the supervising physician. The notification must include the
  357  full name, Florida medical license number, specialty, and
  358  address of the supervising physician.
  359         (e) Notwithstanding subparagraph (a)2., the department may
  360  grant to a recent graduate of an approved program, as specified
  361  in subsection (5) (6), who expects to take the first examination
  362  administered by the National Commission on Certification of
  363  Physician Assistants available for registration after the
  364  applicant’s graduation, a temporary license. The temporary
  365  license shall expire 30 days after receipt of scores of the
  366  proficiency examination administered by the National Commission
  367  on Certification of Physician Assistants. Between meetings of
  368  the council, the department may grant a temporary license to
  369  practice based on the completion of all temporary licensure
  370  requirements. All such administratively issued licenses shall be
  371  reviewed and acted on at the next regular meeting of the
  372  council. The recent graduate may be licensed before employment
  373  but must comply with paragraph (d). An applicant who has passed
  374  the proficiency examination may be granted permanent licensure.
  375  An applicant failing the proficiency examination is no longer
  376  temporarily licensed but may reapply for a 1-year extension of
  377  temporary licensure. An applicant may not be granted more than
  378  two temporary licenses and may not be licensed as a physician
  379  assistant until he or she passes the examination administered by
  380  the National Commission on Certification of Physician
  381  Assistants. As prescribed by board rule, the council may require
  382  an applicant who does not pass the licensing examination after
  383  five or more attempts to complete additional remedial education
  384  or training. The council shall prescribe the additional
  385  requirements in a manner that permits the applicant to complete
  386  the requirements and be reexamined within 2 years after the date
  387  the applicant petitions the council to retake the examination a
  388  sixth or subsequent time.
  389         (12)(13) RULES.—The boards shall adopt rules to implement
  390  this section, including rules detailing the contents of the
  391  application for licensure and notification pursuant to
  392  subsection (6) (7) and rules to ensure both the continued
  393  competency of physician assistants and the proper utilization of
  394  them by physicians or groups of physicians.
  395         Section 2. Subsections (1) through (6), paragraphs (a),
  396  (d), and (e) of subsection (7), and subsection (13) of section
  397  459.022, Florida Statutes, are amended to read:
  398         459.022 Physician assistants.—
  399         (1) LEGISLATIVE INTENT.—
  400         (a) The purpose of this section is to authorize physician
  401  assistants, with their education, training, and experience in
  402  the field of medicine, to provide increased efficiency of and
  403  access to high-quality medical services at a reasonable cost to
  404  consumers encourage more effective utilization of the skills of
  405  osteopathic physicians or groups of osteopathic physicians by
  406  enabling them to delegate health care tasks to qualified
  407  assistants when such delegation is consistent with the patient’s
  408  health and welfare.
  409         (b) In order that maximum skills may be obtained within a
  410  minimum time period of education, a physician assistant shall be
  411  specialized to the extent that she or he can operate efficiently
  412  and effectively in the specialty areas in which she or he has
  413  been trained or is experienced.
  414         (c) The purpose of this section is to encourage the
  415  utilization of physician assistants by osteopathic physicians
  416  and to allow for innovative development of programs for the
  417  education of physician assistants.
  418         (2) DEFINITIONS.—As used in this section, the term:
  419         (a) “Approved program” means a physician assistant program
  420  in the United States or in its territories or possessions which
  421  is accredited by the Accreditation Review Commission on
  422  Education for the Physician Assistant or, for programs before
  423  2001, accredited by its equivalent or predecessor entities the
  424  Committee on Allied Health Education and Accreditation or the
  425  Commission on Accreditation of Allied Health Education Programs
  426  program, formally approved by the boards, for the education of
  427  physician assistants.
  428         (b) “Boards” means the Board of Medicine and the Board of
  429  Osteopathic Medicine.
  430         (d)(c) “Council” means the Council on Physician Assistants.
  431         (h)(d) “Trainee” means a person who is currently enrolled
  432  in an approved program.
  433         (e) “Physician assistant” means a person who is a graduate
  434  of an approved program or its equivalent or meets standards
  435  approved by the boards and is licensed to perform medical
  436  services delegated by the supervising physician.
  437         (f) “Physician assistant national certifying examination”
  438  means the Physician Assistant National Certifying Examination
  439  administered by the National Commission on Certification of
  440  Physician Assistants or its successor agency.
  441         (g) “Supervision” means responsible supervision and
  442  control. Except in cases of emergency, supervision requires the
  443  easy availability or physical presence of the licensed physician
  444  for consultation and direction of the actions of the physician
  445  assistant. For the purposes of this definition, the term “easy
  446  availability” includes the ability to communicate by way of
  447  telecommunication. The boards shall establish rules as to what
  448  constitutes responsible supervision of the physician assistant.
  449         (g) “Proficiency examination” means an entry-level
  450  examination approved by the boards, including, but not limited
  451  to, those examinations administered by the National Commission
  452  on Certification of Physician Assistants.
  453         (c)(h) “Continuing medical education” means courses
  454  recognized and approved by the boards, the American Academy of
  455  Physician Assistants, the American Medical Association, the
  456  American Osteopathic Association, or the Accreditation Council
  457  on Continuing Medical Education.
  458         (3) PERFORMANCE OF SUPERVISING PHYSICIAN.—Each physician or
  459  group of physicians supervising a licensed physician assistant
  460  must be qualified in the medical areas in which the physician
  461  assistant is to perform and shall be individually or
  462  collectively responsible and liable for the performance and the
  463  acts and omissions of the physician assistant. A physician may
  464  not supervise more than four currently licensed physician
  465  assistants at any one time. A physician supervising a physician
  466  assistant pursuant to this section may not be required to review
  467  and cosign charts or medical records prepared by such physician
  468  assistant.
  469         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  470         (a) The boards shall adopt, by rule, the general principles
  471  that supervising physicians must use in developing the scope of
  472  practice of a physician assistant under direct supervision and
  473  under indirect supervision. These principles shall recognize the
  474  diversity of both specialty and practice settings in which
  475  physician assistants are used.
  476         (b) This chapter does not prevent third-party payors from
  477  reimbursing employers of physician assistants for covered
  478  services rendered by licensed physician assistants.
  479         (c) Licensed physician assistants may not be denied
  480  clinical hospital privileges, except for cause, so long as the
  481  supervising physician is a staff member in good standing.
  482         (d) A supervisory physician may delegate to a licensed
  483  physician assistant, pursuant to a written protocol, the
  484  authority to act according to s. 154.04(1)(c). Such delegated
  485  authority is limited to the supervising physician’s practice in
  486  connection with a county health department as defined and
  487  established pursuant to chapter 154. The boards shall adopt
  488  rules governing the supervision of physician assistants by
  489  physicians in county health departments.
  490         (e) A supervising physician may delegate to a fully
  491  licensed physician assistant the authority to prescribe or
  492  dispense any medication used in the supervising physician’s
  493  practice unless such medication is listed on the formulary
  494  created pursuant to s. 458.347. A fully licensed physician
  495  assistant may only prescribe or dispense such medication under
  496  the following circumstances:
  497         1. A physician assistant must clearly identify to the
  498  patient that she or he is a physician assistant and must inform
  499  the patient that the patient has the right to see the physician
  500  before a prescription is prescribed or dispensed by the
  501  physician assistant.
  502         2. The supervising physician must notify the department of
  503  her or his intent to delegate, on a department-approved form,
  504  before delegating such authority and of any change in
  505  prescriptive privileges of the physician assistant. Authority to
  506  dispense may be delegated only by a supervising physician who is
  507  registered as a dispensing practitioner in compliance with s.
  508  465.0276.
  509         3. A fully licensed physician assistant may procure medical
  510  devices and drugs unless the medication is listed on the
  511  formulary created pursuant to s. 458.347(4)(f).
  512         4. The physician assistant must complete a minimum of 10
  513  continuing medical education hours in the specialty practice in
  514  which the physician assistant has prescriptive privileges with
  515  each licensure renewal. Three of the 10 hours must consist of a
  516  continuing education course on the safe and effective
  517  prescribing of controlled substance medications which is offered
  518  by a provider that has been approved by the American Academy of
  519  Physician Assistants and which is designated for the American
  520  Medical Association Physician’s Recognition Award Category 1
  521  credit or designated by the American Academy of Physician
  522  Assistants as a Category 1 credit.
  523         4. The department may issue a prescriber number to the
  524  physician assistant granting authority for the prescribing of
  525  medicinal drugs authorized within this paragraph upon completion
  526  of the requirements of this paragraph. The physician assistant
  527  is not required to independently register pursuant to s.
  528  465.0276.
  529         5. The prescription may be in paper or electronic form but
  530  must comply with ss. 456.0392(1) and 456.42(1) and chapter 499
  531  and must contain the physician assistant’s, in addition to the
  532  supervising physician’s name, address, and telephone number, the
  533  physician assistant’s prescriber number. Unless it is a drug or
  534  drug sample dispensed by the physician assistant, the
  535  prescription must be filled in a pharmacy permitted under
  536  chapter 465, and must be dispensed in that pharmacy by a
  537  pharmacist licensed under chapter 465. The inclusion of the
  538  prescriber number creates a presumption that the physician
  539  assistant is authorized to prescribe the medicinal drug and the
  540  prescription is valid.
  541         6. The physician assistant must note the prescription or
  542  dispensing of medication in the appropriate medical record.
  543         (f) A supervisory physician may delegate to a licensed
  544  physician assistant the authority to, and the licensed physician
  545  assistant acting under the direction of the supervisory
  546  physician may, order any medication for administration to the
  547  supervisory physician’s patient in a facility licensed under
  548  chapter 395 or part II of chapter 400, notwithstanding any
  549  provisions in chapter 465 or chapter 893 which may prohibit this
  550  delegation.
  551         (g) A licensed physician assistant may perform services
  552  delegated by the supervising physician in the physician
  553  assistant’s practice in accordance with his or her education and
  554  training unless expressly prohibited under this chapter, chapter
  555  458, or rules adopted under this chapter or chapter 458.
  556         (h)A physician assistant may authenticate any document
  557  with his or her signature, certification, stamp, verification,
  558  affidavit, or endorsement if such document may be so
  559  authenticated by the signature, certification, stamp,
  560  verification, affidavit, or endorsement of a physician. Such
  561  documents include, but are not limited to, any of the following:
  562         1.Initiation of an involuntary examination pursuant to s.
  563  394.463.
  564         2.Do-not-resuscitate orders or physician orders for the
  565  administration of life-sustaining treatment.
  566         3.Death certificates.
  567         4.School physical examinations.
  568         5.Medical evaluations for workers’ compensation claims,
  569  including date of maximum medical improvement as defined in s.
  570  440.02.
  571         6.Orders for physical therapy, occupational therapy,
  572  speech-language therapy, home health services, or durable
  573  medical equipment.
  574         (i)A physician assistant may supervise medical assistants
  575  as defined in this chapter and chapter 459.
  576         (j)This chapter authorizes third-party payors to reimburse
  577  employers of physician assistants for covered services rendered
  578  by licensed physician assistants. Payment for services within
  579  the physician assistant’s scope of practice must be made when
  580  ordered or performed by a physician assistant if the same
  581  service would have been covered if ordered or performed by a
  582  physician. Physician assistants are authorized to bill for and
  583  receive direct payment for the services they deliver.
  584         (5) PERFORMANCE BY TRAINEES.—Notwithstanding any other law,
  585  a trainee may perform medical services when such services are
  586  rendered within the scope of an approved program.
  587         (6) PROGRAM APPROVAL.—
  588         (a) The boards shall approve programs, based on
  589  recommendations by the council, for the education and training
  590  of physician assistants which meet standards established by rule
  591  of the boards. The council may recommend only those physician
  592  assistant programs that hold full accreditation or provisional
  593  accreditation from the Accreditation Review Commission on
  594  Education for the Physician Assistant or its successor entity
  595  or, before 2001, from the Committee on Allied Health Education
  596  and Accreditation or the Commission on Accreditation of Allied
  597  Health Programs or its successor organization.
  598         (b) Notwithstanding any other law, a trainee may perform
  599  medical services when such services are rendered within the
  600  scope of an approved program The boards shall adopt and publish
  601  standards to ensure that such programs operate in a manner that
  602  does not endanger the health or welfare of the patients who
  603  receive services within the scope of the programs. The boards
  604  shall review the quality of the curricula, faculties, and
  605  facilities of such programs and take whatever other action is
  606  necessary to determine that the purposes of this section are
  607  being met.
  608         (6)(7) PHYSICIAN ASSISTANT LICENSURE.—
  609         (a) Any person desiring to be licensed as a physician
  610  assistant must apply to the department. The department shall
  611  issue a license to any person certified by the council as having
  612  met all of the following requirements:
  613         1. Is at least 18 years of age.
  614         2. Has graduated from an approved program.
  615         a.For an applicant who graduated after December 31, 2020,
  616  has received a master’s degree in accordance with the
  617  Accreditation Review Commission on Education for the Physician
  618  Assistant or, before 2001, its equivalent or predecessor
  619  organization.
  620         b.For an applicant who graduated on or before December 31,
  621  2020, has received a bachelor’s or master’s degree from an
  622  approved program.
  623         c.For an applicant who graduated before July 1, 1994, has
  624  graduated from an approved program of instruction in primary
  625  health care or surgery.
  626         d.For an applicant who graduated before July 1, 1983, has
  627  received a certification as a physician assistant from the
  628  boards.
  629         e.The board may also grant a license to an applicant who
  630  does not meet the educational requirement specified in this
  631  subparagraph but who has passed the Physician Assistant National
  632  Certifying Examination administered by the National Commission
  633  on Certification of Physician Assistants before 1986.
  634         3. Has obtained a passing score as satisfactorily passed a
  635  proficiency examination by an acceptable score established by
  636  the National Commission on Certification of Physician Assistants
  637  or its equivalent or successor organization and has been
  638  nationally certified. If an applicant does not hold a current
  639  certificate issued by the National Commission on Certification
  640  of Physician Assistants or its equivalent or successor
  641  organization and has not actively practiced as a physician
  642  assistant within the immediately preceding 4 years, the
  643  applicant must retake and successfully complete the entry-level
  644  examination of the National Commission on Certification of
  645  Physician Assistants or its equivalent or successor organization
  646  to be eligible for licensure.
  647         4.3. Has completed the application form and remitted an
  648  application fee not to exceed $300 as set by the boards. An
  649  application for licensure as made by a physician assistant must
  650  include:
  651         a. A diploma from an approved certificate of completion of
  652  a physician assistant training program specified in subsection
  653  (6).
  654         b. Acknowledgment of any prior felony convictions.
  655         c. Acknowledgment of any previous revocation or denial of
  656  licensure or certification in any state.
  657         d. A copy of course transcripts and a copy of the course
  658  description from a physician assistant training program
  659  describing course content in pharmacotherapy, if the applicant
  660  wishes to apply for prescribing authority. These documents must
  661  meet the evidence requirements for prescribing authority.
  662         (d) Upon employment as a physician assistant, a licensed
  663  physician assistant must notify the department in writing within
  664  30 days after such employment or after any subsequent changes in
  665  the supervising physician. The notification must include the
  666  full name, Florida medical license number, specialty, and
  667  address of the supervising physician.
  668         (e) Notwithstanding subparagraph (a)2., the department may
  669  grant to a recent graduate of an approved program, as specified
  670  in subsection (5) (6), a temporary license to expire upon
  671  receipt of scores of the proficiency examination administered by
  672  the National Commission on Certification of Physician
  673  Assistants. Between meetings of the council, the department may
  674  grant a temporary license to practice to physician assistant
  675  applicants based on the completion of all temporary licensure
  676  requirements. All such administratively issued licenses shall be
  677  reviewed and acted on at the next regular meeting of the
  678  council. The recent graduate may be licensed before prior to
  679  employment, but must comply with paragraph (d). An applicant who
  680  has passed the proficiency examination may be granted permanent
  681  licensure. An applicant failing the proficiency examination is
  682  no longer temporarily licensed, but may reapply for a 1-year
  683  extension of temporary licensure. An applicant may not be
  684  granted more than two temporary licenses and may not be licensed
  685  as a physician assistant until she or he passes the examination
  686  administered by the National Commission on Certification of
  687  Physician Assistants. As prescribed by board rule, the council
  688  may require an applicant who does not pass the licensing
  689  examination after five or more attempts to complete additional
  690  remedial education or training. The council shall prescribe the
  691  additional requirements in a manner that permits the applicant
  692  to complete the requirements and be reexamined within 2 years
  693  after the date the applicant petitions the council to retake the
  694  examination a sixth or subsequent time.
  695         (12)(13) RULES.—The boards shall adopt rules to implement
  696  this section, including rules detailing the contents of the
  697  application for licensure and notification pursuant to
  698  subsection (6) (7) and rules to ensure both the continued
  699  competency of physician assistants and the proper utilization of
  700  them by physicians or groups of physicians.
  701         Section 3. Paragraph (a) of subsection (2) and subsections
  702  (3) and (5) of section 382.008, Florida Statutes, are amended to
  703  read:
  704         382.008 Death, fetal death, and nonviable birth
  705  registration.—
  706         (2)(a) The funeral director who first assumes custody of a
  707  dead body or fetus shall file the certificate of death or fetal
  708  death. In the absence of the funeral director, the physician,
  709  physician assistant, advanced practice registered nurse
  710  registered under s. 464.0123, or other person in attendance at
  711  or after the death or the district medical examiner of the
  712  county in which the death occurred or the body was found shall
  713  file the certificate of death or fetal death. The person who
  714  files the certificate shall obtain personal data from a legally
  715  authorized person as described in s. 497.005 or the best
  716  qualified person or source available. The medical certification
  717  of cause of death shall be furnished to the funeral director,
  718  either in person or via certified mail or electronic transfer,
  719  by the physician, physician assistant, advanced practice
  720  registered nurse registered under s. 464.0123, or medical
  721  examiner responsible for furnishing such information. For fetal
  722  deaths, the physician, physician assistant, advanced practice
  723  registered nurse registered under s. 464.0123, midwife, or
  724  hospital administrator shall provide any medical or health
  725  information to the funeral director within 72 hours after
  726  expulsion or extraction.
  727         (3) Within 72 hours after receipt of a death or fetal death
  728  certificate from the funeral director, the medical certification
  729  of cause of death shall be completed and made available to the
  730  funeral director by the decedent’s primary or attending
  731  practitioner or, if s. 382.011 applies, the district medical
  732  examiner of the county in which the death occurred or the body
  733  was found. The primary or attending practitioner or the medical
  734  examiner shall certify over his or her signature the cause of
  735  death to the best of his or her knowledge and belief. As used in
  736  this section, the term “primary or attending practitioner” means
  737  a physician, physician assistant, or advanced practice
  738  registered nurse registered under s. 464.0123 who treated the
  739  decedent through examination, medical advice, or medication
  740  during the 12 months preceding the date of death.
  741         (a) The department may grant the funeral director an
  742  extension of time upon a good and sufficient showing of any of
  743  the following conditions:
  744         1. An autopsy is pending.
  745         2. Toxicology, laboratory, or other diagnostic reports have
  746  not been completed.
  747         3. The identity of the decedent is unknown and further
  748  investigation or identification is required.
  749         (b) If the decedent’s primary or attending practitioner or
  750  the district medical examiner of the county in which the death
  751  occurred or the body was found indicates that he or she will
  752  sign and complete the medical certification of cause of death
  753  but will not be available until after the 5-day registration
  754  deadline, the local registrar may grant an extension of 5 days.
  755  If a further extension is required, the funeral director must
  756  provide written justification to the registrar.
  757         (5) A permanent certificate of death or fetal death,
  758  containing the cause of death and any other information that was
  759  previously unavailable, shall be registered as a replacement for
  760  the temporary certificate. The permanent certificate may also
  761  include corrected information if the items being corrected are
  762  noted on the back of the certificate and dated and signed by the
  763  funeral director, physician, physician assistant, advanced
  764  practice registered nurse registered under s. 464.0123, or
  765  district medical examiner of the county in which the death
  766  occurred or the body was found, as appropriate.
  767         Section 4. Paragraph (a) of subsection (2) of section
  768  394.463, Florida Statutes, is amended to read:
  769         394.463 Involuntary examination.—
  770         (2) INVOLUNTARY EXAMINATION.—
  771         (a) An involuntary examination may be initiated by any one
  772  of the following means:
  773         1. A circuit or county court may enter an ex parte order
  774  stating that a person appears to meet the criteria for
  775  involuntary examination and specifying the findings on which
  776  that conclusion is based. The ex parte order for involuntary
  777  examination must be based on written or oral sworn testimony
  778  that includes specific facts that support the findings. If other
  779  less restrictive means are not available, such as voluntary
  780  appearance for outpatient evaluation, a law enforcement officer,
  781  or other designated agent of the court, shall take the person
  782  into custody and deliver him or her to an appropriate, or the
  783  nearest, facility within the designated receiving system
  784  pursuant to s. 394.462 for involuntary examination. The order of
  785  the court shall be made a part of the patient’s clinical record.
  786  A fee may not be charged for the filing of an order under this
  787  subsection. A facility accepting the patient based on this order
  788  must send a copy of the order to the department within 5 working
  789  days. The order may be submitted electronically through existing
  790  data systems, if available. The order shall be valid only until
  791  the person is delivered to the facility or for the period
  792  specified in the order itself, whichever comes first. If a time
  793  limit is not specified in the order, the order is valid for 7
  794  days after the date that the order was signed.
  795         2. A law enforcement officer shall take a person who
  796  appears to meet the criteria for involuntary examination into
  797  custody and deliver the person or have him or her delivered to
  798  an appropriate, or the nearest, facility within the designated
  799  receiving system pursuant to s. 394.462 for examination. The
  800  officer shall execute a written report detailing the
  801  circumstances under which the person was taken into custody,
  802  which must be made a part of the patient’s clinical record. Any
  803  facility accepting the patient based on this report must send a
  804  copy of the report to the department within 5 working days.
  805         3. A physician, a physician assistant, a clinical
  806  psychologist, a psychiatric nurse, an advanced practice
  807  registered nurse registered under s. 464.0123, a mental health
  808  counselor, a marriage and family therapist, or a clinical social
  809  worker may execute a certificate stating that he or she has
  810  examined a person within the preceding 48 hours and finds that
  811  the person appears to meet the criteria for involuntary
  812  examination and stating the observations upon which that
  813  conclusion is based. If other less restrictive means, such as
  814  voluntary appearance for outpatient evaluation, are not
  815  available, a law enforcement officer shall take into custody the
  816  person named in the certificate and deliver him or her to the
  817  appropriate, or nearest, facility within the designated
  818  receiving system pursuant to s. 394.462 for involuntary
  819  examination. The law enforcement officer shall execute a written
  820  report detailing the circumstances under which the person was
  821  taken into custody. The report and certificate shall be made a
  822  part of the patient’s clinical record. Any facility accepting
  823  the patient based on this certificate must send a copy of the
  824  certificate to the department within 5 working days. The
  825  document may be submitted electronically through existing data
  826  systems, if applicable.
  827  
  828  When sending the order, report, or certificate to the
  829  department, a facility shall, at a minimum, provide information
  830  about which action was taken regarding the patient under
  831  paragraph (g), which information shall also be made a part of
  832  the patient’s clinical record.
  833         Section 5. Paragraphs (a) and (c) of subsection (3) of
  834  section 401.45, Florida Statutes, are amended to read:
  835         401.45 Denial of emergency treatment; civil liability.—
  836         (3)(a) Resuscitation may be withheld or withdrawn from a
  837  patient by an emergency medical technician or paramedic if
  838  evidence of an order not to resuscitate by the patient’s
  839  physician or physician assistant is presented to the emergency
  840  medical technician or paramedic. An order not to resuscitate, to
  841  be valid, must be on the form adopted by rule of the department.
  842  The form must be signed by the patient’s physician or physician
  843  assistant and by the patient or, if the patient is
  844  incapacitated, the patient’s health care surrogate or proxy as
  845  provided in chapter 765, court-appointed guardian as provided in
  846  chapter 744, or attorney in fact under a durable power of
  847  attorney as provided in chapter 709. The court-appointed
  848  guardian or attorney in fact must have been delegated authority
  849  to make health care decisions on behalf of the patient.
  850         (c) The department, in consultation with the Department of
  851  Elderly Affairs and the Agency for Health Care Administration,
  852  shall develop a standardized do-not-resuscitate identification
  853  system with devices that signify, when carried or worn, that the
  854  possessor is a patient for whom a physician or physician
  855  assistant has issued an order not to administer cardiopulmonary
  856  resuscitation. The department may charge a reasonable fee to
  857  cover the cost of producing and distributing such identification
  858  devices. Use of such devices shall be voluntary.
  859         Section 6. This act shall take effect July 1, 2021.