Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 578
       
       
       
       
       
                                Barcode 681994                          
       
       HR.HR.03558                                                     
       Proposed Committee Substitute by the Committee on Health
       Regulation
    1                        A bill to be entitled                      
    2         An act relating to state pharmacy services; creating
    3         the Pharmacy and Therapeutic Advisory Council within
    4         the Executive Office of the Governor; providing duties
    5         of the council; providing for the appointment and
    6         qualification of members; providing for the use of
    7         subject-matter experts when necessary; providing
    8         requirements for voting and a quorum; providing for
    9         quarterly meetings of the council; providing for
   10         staffing; providing for reimbursement of per diem and
   11         travel expenses for members of the council; amending
   12         s. 381.0203, F.S.; requiring certain state agencies to
   13         purchase drugs through the statewide purchasing
   14         contract administered by the Department of Health;
   15         providing an exception; amending s. 499.003, F.S.;
   16         excluding from the definition of “wholesale
   17         distribution” certain activities of state agencies;
   18         providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. The Pharmacy and Therapeutic Advisory Council.—
   23         (1)The Pharmacy and Therapeutic Advisory Council is
   24  created within the Executive Office of the Governor to serve in
   25  an advisory capacity to the Department of Health and other
   26  governmental agencies. The council may not interfere with
   27  existing mandated Medicaid services and may not develop or
   28  implement new ones. Specifically, the council may not interfere
   29  with the work of the Agency for Health Care Administration as it
   30  complies with federal and state statutory obligations to develop
   31  a preferred drug list, to negotiate rebate agreements for
   32  medications included in the preferred drug list, and to protect
   33  the confidentiality of rebate agreements. The council may not
   34  interfere with the Medicaid Pharmacy and Therapeutics Committee
   35  or the Drug Utilization Review Board, which oversee clinical
   36  activities within the Medicaid Bureau of Pharmacy Services if
   37  such interference would violate any federal or state statutory
   38  obligations.
   39         (2)The Pharmacy and Therapeutic Advisory Council shall use
   40  Medicaid processes within the existing Medicaid structure of the
   41  Agency for Health Care Administration as a guide for assisting
   42  state agencies in:
   43         (a)Developing an unbiased clinical perspective on drug
   44  evaluations and utilization protocols that are relevant to
   45  patient care provided through programs administered by state
   46  agencies.
   47         (b)Developing drug-utilization-review processes that are
   48  relevant to the agencies and those receiving care through
   49  programs administered by the agencies.
   50         (c)Building a formulary structure that enforces formulary
   51  compliance or adherence within each agency.
   52         (d)Performing pharmacoeconomic analyses on formulary
   53  management so that the state maximizes the cost-effectiveness of
   54  its pharmaceutical purchasing.
   55         (e)Reviewing new and existing therapies using criteria
   56  established for efficacy, safety, and quality in order to
   57  maximize cost-effective purchasing.
   58         (e)Reviewing state agency proposals to maximize the cost
   59  effectiveness of pharmaceutical purchasing in compliance with s.
   60  381.0203.
   61         (3)The members of the council and the chair shall be
   62  appointed by the Governor to 4-year staggered terms or until
   63  their successors are appointed. Members may be appointed to more
   64  than one term. The Governor shall fill any vacancies for the
   65  remainder of the unexpired term in the same manner as the
   66  original appointment.
   67         (4)The council shall include voting and nonvoting members,
   68  and the chair, who is a voting member, must be a pharmacist
   69  employed by a state agency.
   70         (a)The voting members shall represent:
   71         1.The Agency for Health Care Administration.
   72         2.The Agency for Persons with Disabilities.
   73         3.The Department of Children and Family Services.
   74         4.The Department of Corrections.
   75         5.The Department of Elderly Affairs.
   76         6.The Department of Health.
   77         7.The Department of Juvenile Justice.
   78         8.The Bureau of Medicaid Pharmacy Services within the
   79  Agency for Health Care Administration, which shall be
   80  represented by the bureau chief.
   81         9.The Bureau of Statewide Pharmaceutical Services within
   82  the Department of Health, which shall be represented by the
   83  bureau chief.
   84         (b)The nonvoting members shall be:
   85         1.A representative from the Agency for Health Care
   86  Administration’s drug contracting program.
   87         2.The contracting officer for the Department of Health’s
   88  drug procurement program.
   89         3.A clinical pharmacy program manager from the Agency for
   90  Health Care Administration.
   91         4.The chair of the Department of Health’s Pharmacy and
   92  Therapeutics Committee.
   93         5.The general counsel for the Agency for Health Care
   94  Administration or his or her designee.
   95         6.The general counsel for a state agency in the executive
   96  branch of state government, or his or her designee.
   97         7.A representative from the Executive Office of the
   98  Governor.
   99         8.The statewide pharmacy director of the Department of
  100  Corrections’ Office of Health Services.
  101         (5)Members of the council shall consist of at least one
  102  physician licensed under chapters 458 or 459, Florida Statutes,
  103  at least one pharmacist licensed under chapter 465, Florida
  104  Statutes, and at least one registered nurse licensed under
  105  chapter 464, Florida Statutes. Each member designated in this
  106  subsection must have an active license in his or her profession
  107  and may not have been the subject of any agency disciplinary
  108  action.
  109         (6)Members, who must be residents of this state, shall be
  110  selected on the basis of specialty, board certification, prior
  111  pharmacy and therapeutic experience, experience treating medical
  112  assistance recipients, ability to represent a broad base of
  113  constituents, and number of years of practice. Members must not
  114  have any conflicts of interest due to their service on the
  115  council.
  116         (7)The council may request the participation of additional
  117  subject-matter experts to address specific drug, therapeutic, or
  118  drug-procurement issues under review by the council.
  119         (8)A majority of the members of the council constitutes a
  120  quorum, and an affirmative vote of a majority of the voting
  121  members is necessary to take action.
  122         (9)The council shall meet quarterly or at the call of the
  123  chair.
  124         (10)The council shall be staffed by the chair’s department
  125  or agency.
  126         (11)The council members shall serve without compensation,
  127  but are entitled to reimbursement for travel and per diem
  128  expenses incurred in the performance of their duties in
  129  accordance with s. 112.061, Florida Statutes.
  130         Section 2. Subsection (1) and paragraph (a) of subsection
  131  (2) of section 381.0203, Florida Statutes, are amended to read:
  132         381.0203 Pharmacy services.—
  133         (1) The department must may contract on a statewide basis
  134  for the purchase of drugs, as defined in s. 499.003, to be used
  135  by state agencies and political subdivisions, and may adopt
  136  rules to administer this section. Effective January 1, 2010, all
  137  state agencies, except the Agency for Health Care
  138  Administration, the Department of Veterans Affairs, and the
  139  Department of Management Services, must purchase drugs through
  140  the statewide contract unless:
  141         (a)The Pharmacy and Therapeutic Advisory Council approves
  142  a more cost-effective purchasing plan; or
  143         (b)The drugs required are not available through the
  144  statewide purchasing contract.
  145         (2) The department must may establish and maintain a
  146  pharmacy services program, that includes including, but is not
  147  limited to:
  148         (a) A central pharmacy to support pharmaceutical services
  149  provided by the county health departments, including
  150  pharmaceutical repackaging, dispensing, and the purchase and
  151  distribution of immunizations and other pharmaceuticals. Such
  152  services shall be provided to other state agencies and political
  153  subdivisions of the state upon written agreement. Cost savings
  154  realized by the state through utilization of the central
  155  pharmacy may be used by the department to offset additional
  156  costs.
  157         Section 3. Paragraph (g) is added to subsection (53) of
  158  section 499.003, Florida Statutes, to read:
  159         499.003 Definitions of terms used in this part.—As used in
  160  this part, the term:
  161         (53) “Wholesale distribution” means distribution of
  162  prescription drugs to persons other than a consumer or patient,
  163  but does not include:
  164         (g)The sale, purchase, trade, or transfer of a
  165  prescription drug among agencies and health care entities of the
  166  state to complete the dispensing of the prescription drug to a
  167  patient under the care of a state agency or health care entity,
  168  or to a patient for whom the state is responsible for providing
  169  or arranging health care services. The agency or health care
  170  entity that received the prescription drug on behalf of the
  171  patient is deemed the patient’s agent under s. 465.003(6).
  172         Section 4. This act shall take effect July 1, 2009.