Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2614
       
       
       
       
       
       
                                Barcode 804428                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2009           .                                
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       The Committee on Health and Human Services Appropriations
       (Gaetz) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1509 and 1510
    4  insert:
    5         Section 27. The Pharmacy and Therapeutic Advisory Council.—
    6         (1)The Pharmacy and Therapeutic Advisory Council is
    7  created within the Executive Office of the Governor to serve in
    8  an advisory capacity to the Department of Health and other
    9  governmental agencies. The council may not interfere with
   10  existing mandated Medicaid services and may not develop or
   11  implement new ones. Specifically, the council may not interfere
   12  with the work of the Agency for Health Care Administration as it
   13  complies with federal and state statutory obligations to develop
   14  a preferred drug list, to negotiate rebate agreements for
   15  medications included in the preferred drug list, and to protect
   16  the confidentiality of rebate agreements. The council may not
   17  interfere with the Medicaid Pharmacy and Therapeutics Committee
   18  or the Drug Utilization Review Board, which oversee clinical
   19  activities within the Bureau of Pharmacy Services if such
   20  interference would violate any federal or state statutory
   21  obligations.
   22         (2)The Pharmacy and Therapeutic Advisory Council shall use
   23  Medicaid processes within the existing Medicaid structure of the
   24  Agency for Health Care Administration as a guide for assisting
   25  state agencies in:
   26         (a)Developing an unbiased clinical perspective on drug
   27  evaluations and utilization protocols that are relevant to
   28  patient care provided through programs administered by state
   29  agencies.
   30         (b)Developing drug-utilization-review processes that are
   31  relevant to the agencies and those receiving care through
   32  programs administered by the agencies.
   33         (c)Building a formulary structure that enforces formulary
   34  compliance or adherence within each agency.
   35         (d)Performing pharmacoeconomic analyses on formulary
   36  management so that the state maximizes the cost-effectiveness of
   37  its pharmaceutical purchasing.
   38         (e)Reviewing new and existing therapies using criteria
   39  established for efficacy, safety, and quality in order to
   40  maximize cost-effective purchasing.
   41         (f)Reviewing state agency proposals to maximize the cost
   42  effectiveness of pharmaceutical purchasing in compliance with s.
   43  381.0203.
   44         (3) The council shall verify the cost-effectiveness and
   45  clinical efficacy of any state contracts under s. 381.0203(1),
   46  Florida Statutes, no less than once every 2 years.
   47         (4)The members of the council and the chair shall be
   48  appointed by the Governor to 4-year staggered terms or until
   49  their successors are appointed. Members may be appointed to more
   50  than one term. The Governor shall fill any vacancies for the
   51  remainder of the unexpired term in the same manner as the
   52  original appointment.
   53         (5)The council shall include voting and nonvoting members,
   54  and the chair, who is a voting member, must be a pharmacist
   55  employed by a state agency.
   56         (a)The voting members shall represent:
   57         1.The Agency for Health Care Administration.
   58         2.The Agency for Persons with Disabilities.
   59         3.The Department of Children and Family Services.
   60         4.The Department of Corrections.
   61         5.The Department of Elderly Affairs.
   62         6.The Department of Health.
   63         7.The Department of Juvenile Justice.
   64         8.The Bureau of Pharmacy Services within the Agency for
   65  Health Care Administration, which shall be represented by the
   66  bureau chief.
   67         9.The Bureau of Statewide Pharmaceutical Services within
   68  the Department of Health, which shall be represented by the
   69  bureau chief.
   70         (b)The nonvoting members shall be:
   71         1.A representative from the Agency for Health Care
   72  Administration’s drug contracting program.
   73         2.The contracting officer for the Department of Health’s
   74  drug procurement program.
   75         3.A clinical pharmacy program manager from the Agency for
   76  Health Care Administration.
   77         4.The chair of the Department of Health’s Pharmacy and
   78  Therapeutics Committee.
   79         5.The general counsel for the Agency for Health Care
   80  Administration or his or her designee.
   81         6.The general counsel for a state agency in the executive
   82  branch of state government, or his or her designee.
   83         7.A representative from the Executive Office of the
   84  Governor.
   85         8.The statewide pharmacy director of the Department of
   86  Corrections’ Office of Health Services.
   87         (6)Members of the council shall consist of at least one
   88  physician licensed under chapter 458 or chapter 459, Florida
   89  Statutes, at least one pharmacist licensed under chapter 465,
   90  Florida Statutes, and at least one registered nurse licensed
   91  under chapter 464, Florida Statutes. Each member designated in
   92  this subsection must have an active license in his or her
   93  profession and may not have been the subject of any agency
   94  disciplinary action.
   95         (7)Members, who must be residents of this state, shall be
   96  selected on the basis of specialty, board certification, prior
   97  pharmacy and therapeutic experience, experience treating medical
   98  assistance recipients, ability to represent a broad base of
   99  constituents, and number of years of practice. Members must not
  100  have any conflicts of interest due to their service on the
  101  council.
  102         (8)The council may request the participation of additional
  103  subject-matter experts to address specific drug, therapeutic, or
  104  drug-procurement issues under review by the council.
  105         (9)A majority of the members of the council constitutes a
  106  quorum, and an affirmative vote of a majority of the voting
  107  members is necessary to take action.
  108         (10)The council shall meet quarterly or at the call of the
  109  chair.
  110         (11)The council shall be staffed by the chair’s department
  111  or agency.
  112         (12)The council members shall serve without compensation,
  113  but are entitled to reimbursement for travel and per diem
  114  expenses incurred in the performance of their duties in
  115  accordance with s. 112.061, Florida Statutes.
  116         Section 28. Subsection (1) and paragraph (a) of subsection
  117  (2) of section 381.0203, Florida Statutes, are amended to read:
  118         381.0203 Pharmacy services.—
  119         (1) The department must may contract on a statewide basis
  120  for the purchase of drugs, as defined in s. 499.003, to be used
  121  by state agencies and political subdivisions, and may adopt
  122  rules to administer this section. Effective January 1, 2010, all
  123  state agencies, except the Agency for Health Care
  124  Administration, the Department of Veterans’ Affairs, and the
  125  Department of Management Services, must purchase drugs through
  126  the statewide contract unless:
  127         (a)The Pharmacy and Therapeutic Advisory Council approves
  128  a more cost-effective purchasing plan; or
  129         (b)The drugs required are not available through the
  130  statewide purchasing contract.
  131         (2) The department must may establish and maintain a
  132  pharmacy services program that includes, including, but is not
  133  limited to:
  134         (a) A central pharmacy to support pharmaceutical services
  135  provided by the county health departments, including
  136  pharmaceutical repackaging, dispensing, and the purchase and
  137  distribution of immunizations and other pharmaceuticals. Such
  138  services shall be provided to other state agencies and political
  139  subdivisions of the state upon written agreement. Cost savings
  140  realized by the state through utilization of the central
  141  pharmacy may be used by the department to offset additional
  142  costs.
  143         Section 29. Paragraph (g) is added to subsection (53) of
  144  section 499.003, Florida Statutes, to read:
  145         499.003 Definitions of terms used in this part.—As used in
  146  this part, the term:
  147         (53) “Wholesale distribution” means distribution of
  148  prescription drugs to persons other than a consumer or patient,
  149  but does not include:
  150         (g)The sale, purchase, trade, or transfer of a
  151  prescription drug among agencies and health care entities of the
  152  state to complete the dispensing of the prescription drug to a
  153  patient under the care of a state agency or health care entity,
  154  or to a patient for whom the state is responsible for providing
  155  or arranging health care services. The agency or health care
  156  entity that received the prescription drug on behalf of the
  157  patient is deemed the patient’s agent under s. 465.003(6).
  158  
  159  ================= T I T L E  A M E N D M E N T ================
  160         And the title is amended as follows:
  161         Delete everything before the enacting clause
  162  and insert:
  163                        A bill to be entitled                      
  164         An act relating to health care; amending s. 154.503,
  165         F.S.; conforming a cross-reference; repealing s.
  166         381.0053, F.S., relating to a comprehensive nutrition
  167         program; repealing s. 381.0054, F.S., relating to
  168         healthy lifestyles promotion; repealing ss. 381.732,
  169         381.733, and 381.734, F.S., relating to the Healthy
  170         Communities, Healthy People Act; transferring,
  171         renumbering, and amending s. 381.84, F.S., relating to
  172         the Comprehensive Statewide Tobacco Education and Use
  173         Prevention Program; revising definitions; revising
  174         program components; requiring program components to
  175         include efforts to educate youth and their parents
  176         about tobacco use; requiring a youth-directed focus in
  177         each program component; requiring the Tobacco
  178         Education and Use Prevention Advisory Council to
  179         adhere to state ethics laws; providing that meetings
  180         of the council are subject to public-records and
  181         public-meetings requirements; revising the duties of
  182         the council; deleting a provision that prohibits a
  183         member of the council from participating in a
  184         discussion or decision with respect to a research
  185         proposal by a firm, entity, or agency with which the
  186         member is associated as a member of the governing body
  187         or as an employee or with which the member has entered
  188         into a contractual arrangement; revising the
  189         submission date of an annual report; deleting an
  190         expired provision relating to rulemaking authority of
  191         the department; transferring and renumbering s.
  192         381.91, F.S., relating to the Jessie Trice Cancer
  193         Prevention Program; transferring, renumbering, and
  194         amending s. 381.911, F.S., relating to the Prostate
  195         Cancer Awareness Program; revising the criteria for
  196         members of the prostate cancer advisory committee;
  197         repealing s. 381.912, F.S., relating to the Cervical
  198         Cancer Elimination Task Force; transferring and
  199         renumbering s. 381.92, F.S., relating to the Florida
  200         Cancer Council; transferring and renumbering s.
  201         381.921, F.S., relating to the mission and duties of
  202         the Florida Cancer Council; amending s. 381.922, F.S.;
  203         conforming cross-references; transferring and
  204         renumbering s. 381.93, F.S., relating to a breast and
  205         cervical cancer early detection program; transferring
  206         and renumbering s. 381.931, F.S., relating to an
  207         annual report on Medicaid expenditures; renaming ch.
  208         385, F.S., as the “Healthy and Fit Florida Act”;
  209         amending s. 385.101, F.S.; renaming the “Chronic
  210         Diseases Act” as the “Healthy and Fit Florida Act”;
  211         amending s. 385.102, F.S.; revising legislative
  212         intent; creating s. 385.1021, F.S.; providing
  213         definitions; creating s. 385.1022, F.S.; requiring the
  214         Department of Health to support public health programs
  215         to reduce the incidence of mortality and morbidity
  216         from chronic diseases; creating s. 385.1023, F.S.;
  217         requiring the department to create state-level
  218         programs that address the risk factors of certain
  219         chronic diseases; providing required activities of the
  220         state-level programs; amending s. 385.103, F.S.;
  221         providing for community-level programs for the
  222         prevention of chronic diseases; revising definitions;
  223         requiring the department to develop and implement a
  224         community-based chronic disease prevention and health
  225         promotion program; providing the purpose of the
  226         program; providing requirements for the program;
  227         creating s. 385.105, F.S.; requiring the department to
  228         develop programs to increase physical fitness, to work
  229         with school districts, to develop partnerships that
  230         allow the public to access recreational facilities and
  231         public land areas suitable for physical activity, to
  232         work with the Executive Office of the Governor and
  233         Volunteer Florida, Inc., to promote school
  234         initiatives, and to collaborate with the Department of
  235         Education in recognizing nationally accepted best
  236         practices for improving physical education in schools;
  237         requiring the Department of Health to promote healthy
  238         lifestyles to reduce obesity; requiring the department
  239         to promote optimal nutritional status in all stages of
  240         people’s lives, personal responsibility to prevent
  241         chronic disease or slow its progression, and regular
  242         health visits during a person’s life span; authorizing
  243         state agencies to conduct employee wellness programs;
  244         requiring the department to serve as a model to
  245         develop and implement employee wellness programs;
  246         requiring the department to assist state agencies to
  247         develop the employee wellness programs; providing
  248         equal access to the programs by agency employees;
  249         requiring the department to coordinate efforts with
  250         the Department of Management Services and other state
  251         agencies; authorizing each state agency to establish
  252         an employee wellness work group to design the wellness
  253         program; requiring the department to provide
  254         requirements for participation fees, collaborations
  255         with businesses, and procurement of equipment and
  256         incentives; amending s. 385.202, F.S.; requiring
  257         facilities, laboratories, and practitioners to report
  258         information; authorizing the department to adopt rules
  259         regarding reporting requirements for the cancer
  260         registry; providing immunity from liability for
  261         facilities and practitioners reporting certain
  262         information; requiring the department to adopt rules
  263         regarding the establishment and operation of a
  264         statewide cancer registry program; requiring the
  265         department or contractual designee operating the
  266         statewide cancer registry program to use or publish
  267         material only for the purpose of public health
  268         surveillance and advancing medical research or medical
  269         education in the interest of reducing morbidity or
  270         mortality; authorizing the department to exchange
  271         personal data with any agency or contractual designee
  272         for the purpose of public health surveillance and
  273         medical or scientific research under certain
  274         circumstances; clarifying that the department may
  275         adopt rules regarding the classifications of
  276         facilities related to reports made to the cancer
  277         registry; requiring each facility and practitioner
  278         that reports cancer cases to the department to make
  279         their records available for onsite review; amending s.
  280         385.203, F.S.; increasing the size of the Diabetes
  281         Advisory Council to include one representative of the
  282         Florida Academy of Family Physicians; amending s.
  283         385.206, F.S.; renaming the “hematology-oncology care
  284         center program” as the “Pediatric Hematology-Oncology
  285         Center Program”; revising definitions; authorizing the
  286         department to designate centers and provide funding to
  287         maintain programs for the care of patients with
  288         hematologic and oncologic disorders; clarifying
  289         provisions related to grant-funding agreements and
  290         grant disbursements; revising the department’s
  291         requirement to evaluate services rendered by the
  292         centers; requiring data from the centers and other
  293         sources relating to pediatric cancer to be available
  294         to the department for program planning and quality
  295         assurance initiatives; amending s. 385.207, F.S.;
  296         clarifying provisions that require the department to
  297         collect information regarding the number of clients
  298         served, the outcomes reached, the expense incurred,
  299         and fees collected by providers of epilepsy services;
  300         deleting the provision that requires the department to
  301         limit administrative expenses from the Epilepsy
  302         Services Trust Fund to a certain percentage of annual
  303         receipts; amending s. 385.210, F.S.; revising
  304         legislative findings regarding the economic costs of
  305         treating arthritis and its complications; authorizing
  306         the State Surgeon General to seek any federal waivers
  307         that may be necessary to maximize funds from the
  308         Federal Government to implement the Arthritis
  309         Prevention and Education Program; creating s. 385.301,
  310         F.S.; authorizing the department to adopt rules to
  311         administer the act; amending s. 409.904, F.S.;
  312         conforming a cross-reference; creating the Pharmacy
  313         and Therapeutic Advisory Council within the Executive
  314         Office of the Governor; providing duties of the
  315         council; providing for the appointment and
  316         qualification of members; providing for the use of
  317         subject-matter experts when necessary; providing
  318         requirements for voting and a quorum; providing for
  319         quarterly meetings of the council; providing for
  320         staffing; providing for reimbursement of per diem and
  321         travel expenses for members of the council; amending
  322         s. 381.0203, F.S.; requiring certain state agencies to
  323         purchase drugs through the statewide purchasing
  324         contract administered by the Department of Health;
  325         providing an exception; requiring the department to
  326         establish and maintain certain pharmacy services
  327         program; amending s. 499.003, F.S.; excluding from the
  328         definition of “wholesale distribution” certain
  329         activities of state agencies; providing an effective
  330         date.