Florida Senate - 2021                                     SB 898
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-00954-21                                            2021898__
    1                        A bill to be entitled                      
    2         An act relating to administration of vaccines;
    3         amending s. 465.189, F.S.; authorizing certified
    4         pharmacists to order, as well as administer, specified
    5         vaccines; authorizing registered pharmacy technicians
    6         to administer specified vaccines under certain
    7         circumstances; deleting the requirement that certified
    8         pharmacists administer vaccines or epinephrine using
    9         an autoinjector only pursuant to a written protocol
   10         with a supervising physician; revising the specified
   11         immunizations or vaccines that certified pharmacists,
   12         registered interns, and registered pharmacy
   13         technicians may order or administer, as applicable;
   14         deleting a certain staffing ratio requirement for
   15         supervising pharmacists; making conforming changes;
   16         requiring certified pharmacists, registered interns,
   17         and registered pharmacy technicians to obtain a
   18         certain medical consent form before administering an
   19         immunization or a vaccine to a child younger than 18
   20         years of age; specifying requirements for the consent
   21         form; requiring the parent or guardian of such child
   22         to provide an opt-out form to the pharmacist,
   23         registered intern, or registered pharmacy technician
   24         to exclude the minor from the department’s
   25         immunization registry; requiring pharmacists to submit
   26         the opt-out form to the department; requiring
   27         pharmacists to submit vaccination data to the
   28         department if an opt-out form is not provided;
   29         prohibiting public and private third-party payors from
   30         providing disparate coverage or reimbursement for
   31         immunizations or vaccines ordered or administered by
   32         certified pharmacists, registered interns, or
   33         registered pharmacy technicians; amending ss. 381.003
   34         and 465.003, F.S.; conforming provisions to changes
   35         made by the act; providing an effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Section 465.189, Florida Statutes, is amended to
   40  read:
   41         465.189 Administration of vaccines and epinephrine
   42  autoinjection.—
   43         (1) In accordance with guidelines of the United States
   44  Centers for Disease Control and Prevention for each recommended
   45  immunization or vaccine, a pharmacist who is certified under
   46  subsection (6) may order or administer, and or a registered
   47  intern or registered pharmacy technician under the supervision
   48  of a pharmacist who is certified under subsection (6), may
   49  administer, any of the following immunizations or vaccines to an
   50  adult within the framework of an established protocol under a
   51  supervising physician licensed under chapter 458 or chapter 459:
   52         (a) Immunizations or vaccines listed in the Adult
   53  Immunization Schedule as of February 1, 2015, by the United
   54  States Centers for Disease Control and Prevention. The board may
   55  authorize, by rule, additional immunizations or vaccines as they
   56  are added to the Adult Immunization Schedule.
   57         (b) Immunizations or vaccines recommended by the United
   58  States Centers for Disease Control and Prevention Advisory
   59  Committee on Immunization Practices.
   60         (c)Immunizations or vaccines listed in the Child and
   61  Adolescent Immunization Schedule by the United States Centers
   62  for Disease Control and Prevention.
   63         (d) Immunizations or vaccines recommended by the United
   64  States Centers for Disease Control and Prevention for
   65  international travel as of July 1, 2015. The board may
   66  authorize, by rule, additional immunizations or vaccines as they
   67  are recommended by the United States Centers for Disease Control
   68  and Prevention for international travel.
   69         (e)(c) Immunizations or vaccines approved by the board in
   70  response to a state of emergency declared by the Governor
   71  pursuant to s. 252.36.
   72  
   73  A registered intern who administers an immunization or vaccine
   74  under this subsection must be supervised by a certified
   75  pharmacist at a ratio of one pharmacist to one registered
   76  intern.
   77         (2) In order to address any unforeseen allergic reaction, a
   78  pharmacist may administer epinephrine using an autoinjector
   79  delivery system within the framework of an established protocol
   80  under a supervising physician licensed under chapter 458 or
   81  chapter 459.
   82         (3) A pharmacist may not order or administer an
   83  immunization or a vaccine under this section enter into a
   84  protocol unless he or she maintains at least $200,000 of
   85  professional liability insurance and has completed training in
   86  administering vaccines authorized under this section.
   87         (4) A pharmacist ordering or administering immunizations or
   88  vaccines under this section shall maintain and make available
   89  patient records using the same standards for confidentiality and
   90  maintenance of such records as those that are imposed on health
   91  care practitioners under s. 456.057. These records shall be
   92  maintained for a minimum of 5 years.
   93         (5) The decision by a supervising physician licensed under
   94  chapter 458 or chapter 459 to enter into a protocol under this
   95  section is a professional decision on the part of the
   96  practitioner, and a person may not interfere with a physician’s
   97  decision as to entering into such a protocol. A pharmacist may
   98  not enter into a protocol that is to be performed while acting
   99  as an employee without the written approval of the owner of the
  100  pharmacy. Pharmacists shall forward vaccination records to the
  101  department for inclusion in the state registry of immunization
  102  information.
  103         (6) Any pharmacist seeking to order or administer, or any
  104  registered intern or registered pharmacy technician seeking to
  105  administer, vaccines to adults under this section must be
  106  certified to administer such vaccines pursuant to a
  107  certification program approved by the Board of Pharmacy in
  108  consultation with the Board of Medicine and the Board of
  109  Osteopathic Medicine. The certification program shall, at a
  110  minimum, require that the pharmacist attend at least 20 hours of
  111  continuing education classes approved by the board and the
  112  registered intern or registered pharmacy technician complete at
  113  least 20 hours of coursework approved by the board. The program
  114  shall have a curriculum of instruction concerning the safe and
  115  effective administration of such vaccines, including, but not
  116  limited to, potential allergic reactions to such vaccines.
  117         (7) To administer an immunization or a vaccine to a child
  118  younger than 18 years of age, a pharmacist, registered intern,
  119  or registered pharmacy technician certified under subsection (6)
  120  must first obtain a medical consent form signed by a person who
  121  has the power to consent to medical care or treatment on behalf
  122  of the child in accordance with s. 743.0645. The medical consent
  123  form must contain a notice stating that the parent or guardian
  124  of such child may refuse to have the child included in the
  125  immunization registry under s. 381.003. If a parent or guardian
  126  does not want the child included in the immunization registry,
  127  he or she must provide to the pharmacist, registered intern, or
  128  registered pharmacy intern a completed opt-out form approved by
  129  the department upon administration of the vaccine. The
  130  pharmacist administering the vaccine or supervising the
  131  registered intern or registered pharmacy technician who
  132  administered the vaccine shall submit the opt-out form to the
  133  department. If a parent or guardian of a child younger than 18
  134  years of age does not provide an opt-out form, the pharmacist
  135  must report the vaccination data for such child to the
  136  department in accordance with s. 381.003 The written protocol
  137  between the pharmacist and supervising physician under this
  138  section must include particular terms and conditions imposed by
  139  the supervising physician upon the pharmacist relating to the
  140  administration of vaccines by the pharmacist pursuant to this
  141  section. The written protocol shall include, at a minimum,
  142  specific categories and conditions among patients for whom the
  143  supervising physician authorizes the pharmacist to administer
  144  such vaccines. The terms, scope, and conditions set forth in the
  145  written protocol between the pharmacist and the supervising
  146  physician must be appropriate to the pharmacist’s training and
  147  certification for administering such vaccines. Pharmacists who
  148  have been delegated the authority to administer vaccines under
  149  this section by the supervising physician under the protocol
  150  shall provide evidence of current certification by the Board of
  151  Pharmacy to the supervising physician. A supervising physician
  152  shall review the administration of such vaccines by the
  153  pharmacist pursuant to the written protocol between them, and
  154  this review shall take place as outlined in the written
  155  protocol. The process and schedule for the review shall be
  156  outlined in the written protocol between the pharmacist and the
  157  supervising physician.
  158         (8) A public or private third-party payor may not provide
  159  coverage or reimbursement for immunizations or vaccines ordered
  160  or administered under this section at a rate lower than that
  161  provided for immunizations or vaccines ordered or administered
  162  by other health care practitioners The pharmacist shall submit
  163  to the Board of Pharmacy a copy of his or her protocol or
  164  written agreement to administer vaccines under this section.
  165         Section 2. Paragraph (e) of subsection (1) of section
  166  381.003, Florida Statutes, is amended to read:
  167         381.003 Communicable disease and AIDS prevention and
  168  control.—
  169         (1) The department shall conduct a communicable disease
  170  prevention and control program as part of fulfilling its public
  171  health mission. A communicable disease is any disease caused by
  172  transmission of a specific infectious agent, or its toxic
  173  products, from an infected person, an infected animal, or the
  174  environment to a susceptible host, either directly or
  175  indirectly. The communicable disease program must include, but
  176  need not be limited to:
  177         (e) Programs for the prevention and control of vaccine
  178  preventable diseases, including programs to immunize school
  179  children as required by s. 1003.22(3)-(11) and the development
  180  of an automated, electronic, and centralized database and
  181  registry of immunizations. The department shall ensure that all
  182  children in this state are immunized against vaccine-preventable
  183  diseases. The immunization registry must allow the department to
  184  enhance current immunization activities for the purpose of
  185  improving the immunization of all children in this state.
  186         1. Except as provided in subparagraph 2., the department
  187  shall include all children born in this state in the
  188  immunization registry by using the birth records from the Office
  189  of Vital Statistics. The department shall add other children to
  190  the registry as immunization services are provided.
  191         2. The parent or guardian of a child may refuse to have the
  192  child included in the immunization registry by signing a form
  193  obtained from the department, or from the health care
  194  practitioner or entity that provides the immunization, which
  195  indicates that the parent or guardian does not wish to have the
  196  child included in the immunization registry. Each consent to
  197  treatment form provided by a health care practitioner or by an
  198  entity that administers vaccinations or causes vaccinations to
  199  be administered to children from birth through 17 years of age
  200  must contain a notice stating that the parent or guardian of a
  201  child may refuse to have his or her child included in the
  202  immunization registry. The parent or guardian must provide such
  203  opt-out form to the health care practitioner or entity upon
  204  administration of the vaccination. Such health care practitioner
  205  or entity shall submit the form to the department. A parent or
  206  guardian may submit the opt-out form directly to the department.
  207  Any records or identifying information pertaining to the child
  208  shall be removed from the registry, if the parent or guardian
  209  has refused to have his or her child included in the
  210  immunization registry.
  211         3. A college or university student, from 18 years of age to
  212  23 years of age, who obtains a vaccination from a college or
  213  university student health center or clinic in the state may
  214  refuse to be included in the immunization registry by signing a
  215  form obtained from the department, health center, or clinic
  216  which indicates that the student does not wish to be included in
  217  the immunization registry. The student must provide such opt-out
  218  form to the health center or clinic upon administration of the
  219  vaccination. Such health center or clinic shall submit the form
  220  to the department. A student may submit the opt-out form
  221  directly to the department. Any records or identifying
  222  information pertaining to the student shall be removed from the
  223  registry if the student has refused to be included in the
  224  immunization registry.
  225         4. The immunization registry shall allow for immunization
  226  records to be electronically available to entities that are
  227  required by law to have such records, including, but not limited
  228  to, schools and licensed child care facilities.
  229         5. A health care practitioner licensed under chapter 458,
  230  chapter 459, or chapter 464, or chapter 465 in this state who
  231  administers vaccinations or causes vaccinations to be
  232  administered to children from birth through 17 years of age is
  233  required to report vaccination data to the immunization
  234  registry, unless a parent or guardian of a child has refused to
  235  have the child included in the immunization registry by meeting
  236  the requirements of subparagraph 2. A health care practitioner
  237  licensed under chapter 458, chapter 459, or chapter 464, or
  238  chapter 465 in this state who administers vaccinations or causes
  239  vaccinations to be administered to college or university
  240  students from 18 years of age to 23 years of age at a college or
  241  university student health center or clinic is required to report
  242  vaccination data to the immunization registry, unless the
  243  student has refused to be included in the immunization registry
  244  by meeting the requirements of subparagraph 3. Vaccination data
  245  for students in other age ranges may be submitted to the
  246  immunization registry only if the student consents to inclusion
  247  in the immunization registry. The upload of data from existing
  248  automated systems is an acceptable method for updating
  249  immunization information in the immunization registry. The
  250  information in the immunization registry must include the
  251  child’s name, date of birth, address, and any other unique
  252  identifier necessary to correctly identify the child; the
  253  immunization record, including the date, type of administered
  254  vaccine, and vaccine lot number; and the presence or absence of
  255  any adverse reaction or contraindication related to the
  256  immunization. Information received by the department for the
  257  immunization registry retains its status as confidential medical
  258  information and the department must maintain the confidentiality
  259  of that information as otherwise required by law. A health care
  260  practitioner or other agency that obtains information from the
  261  immunization registry must maintain the confidentiality of any
  262  medical records in accordance with s. 456.057 or as otherwise
  263  required by law.
  264         Section 3. Subsection (13) of section 465.003, Florida
  265  Statutes, is amended to read:
  266         465.003 Definitions.—As used in this chapter, the term:
  267         (13) “Practice of the profession of pharmacy” includes
  268  compounding, dispensing, and consulting concerning contents,
  269  therapeutic values, and uses of any medicinal drug; consulting
  270  concerning therapeutic values and interactions of patent or
  271  proprietary preparations, whether pursuant to prescriptions or
  272  in the absence and entirely independent of such prescriptions or
  273  orders; and conducting other pharmaceutical services. For
  274  purposes of this subsection, the term “other pharmaceutical
  275  services” means monitoring the patient’s drug therapy and
  276  assisting the patient in the management of his or her drug
  277  therapy, and includes reviewing, and making recommendations
  278  regarding, the patient’s drug therapy and health care status in
  279  communication with the patient’s prescribing health care
  280  provider as licensed under chapter 458, chapter 459, chapter
  281  461, or chapter 466, or a similar statutory provision in another
  282  jurisdiction, or such provider’s agent or such other persons as
  283  specifically authorized by the patient; and initiating,
  284  modifying, or discontinuing drug therapy for a chronic health
  285  condition under a collaborative pharmacy practice agreement.
  286  This subsection may not be interpreted to permit an alteration
  287  of a prescriber’s directions, the diagnosis or treatment of any
  288  disease, the initiation of any drug therapy, the practice of
  289  medicine, or the practice of osteopathic medicine, unless
  290  otherwise permitted by law or specifically authorized by s.
  291  465.1865 or s. 465.1895. The term “practice of the profession of
  292  pharmacy” also includes any other act, service, operation,
  293  research, or transaction incidental to, or forming a part of,
  294  any of the foregoing acts, requiring, involving, or employing
  295  the science or art of any branch of the pharmaceutical
  296  profession, study, or training, and shall expressly permit a
  297  pharmacist to transmit information from persons authorized to
  298  prescribe medicinal drugs to their patients. The practice of the
  299  profession of pharmacy also includes the administration of
  300  vaccines to adults pursuant to s. 465.189, the testing or
  301  screening for and treatment of minor, nonchronic health
  302  conditions pursuant to s. 465.1895, and the preparation of
  303  prepackaged drug products in facilities holding Class III
  304  institutional pharmacy permits. The term also includes the
  305  ordering and evaluating of any laboratory or clinical testing;
  306  conducting patient assessments; and modifying, discontinuing, or
  307  administering medicinal drugs pursuant to s. 465.0125 by a
  308  consultant pharmacist.
  309         Section 4. This act shall take effect July 1, 2021.