Florida Senate - 2015                                     SB 614
       
       
        
       By Senator Grimsley
       
       
       
       
       
       21-00421A-15                                           2015614__
    1                        A bill to be entitled                      
    2         An act relating to drug prescription by advanced
    3         registered nurse practitioners and physician
    4         assistants; amending s. 110.12315, F.S.; expanding the
    5         categories of persons who may prescribe brand drugs
    6         under the prescription drug program when medically
    7         necessary; amending ss. 310.071, 310.073, and 310.081,
    8         F.S.; exempting controlled substances prescribed by an
    9         advanced registered nurse practitioner or a physician
   10         assistant from the disqualifications for certification
   11         or licensure, and for continued certification or
   12         licensure, as a deputy or state pilot; amending s.
   13         456.072, F.S.; applying existing penalties for
   14         violations relating to the prescribing or dispensing
   15         of controlled substances to an advanced registered
   16         nurse practitioner; amending s. 456.44, F.S.; deleting
   17         an obsolete date; requiring advanced registered nurse
   18         practitioners and physician assistants who prescribe
   19         controlled substances for certain pain to make a
   20         certain designation, comply with registration
   21         requirements, and follow specified standards of
   22         practice; providing applicability; amending 458.347,
   23         F.S.; expanding the prescribing authority of a
   24         licensed physician assistant; amending s. 464.012,
   25         F.S.; authorizing an advanced registered nurse
   26         practitioner to prescribe, dispense, administer, or
   27         order drugs, rather than to monitor and alter drug
   28         therapies; amending s. 464.018, F.S.; specifying acts
   29         that constitute grounds for denial of a license for or
   30         disciplinary action against an advanced registered
   31         nurse practitioner; amending s. 893.02, F.S.;
   32         redefining the term “practitioner” to include advanced
   33         registered nurse practitioners and physician
   34         assistants under the Florida Comprehensive Drug Abuse
   35         Prevention and Control Act; amending s. 948.03, F.S.;
   36         providing that possession of drugs or narcotics
   37         prescribed by an advanced registered nurse
   38         practitioner or physician assistant is an exception
   39         from a prohibition relating to the possession of drugs
   40         or narcotics during probation; reenacting s.
   41         310.071(3), F.S., to incorporate the amendment made to
   42         s. 310.071, F.S., in a reference thereto; reenacting
   43         ss. 456.072(1)(mm) and 466.02751, F.S., to incorporate
   44         the amendment made to s. 456.44, F.S., in references
   45         thereto; reenacting ss. 458.303, 458.347(4)(e) and
   46         (9)(c), 458.3475(7)(b), 459.022(4)(e) and (9)(c), and
   47         459.023(7)(b), F.S., to incorporate the amendment made
   48         to s. 458.347, F.S., in references thereto; reenacting
   49         ss. 456.041(1)(a), 458.348(1) and (2), and 459.025(1),
   50         F.S., to incorporate the amendment made to s. 464.012,
   51         F.S., in references thereto; reenacting ss.
   52         320.0848(11), 464.008(2), 464.009(5), 464.018(2), and
   53         464.0205(1)(b), (3), and (4)(b), F.S., to incorporate
   54         the amendment made to s. 464.018, F.S., in references
   55         thereto; reenacting s. 775.051, F.S., to incorporate
   56         the amendment made to s. 893.02, F.S., in a reference
   57         thereto; reenacting ss. 944.17(3)(a), 948.001(8), and
   58         948.101(1)(e), F.S., to incorporate the amendment made
   59         to s. 948.03, F.S., in references thereto; providing
   60         an effective date.
   61          
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Subsection (7) of section 110.12315, Florida
   65  Statutes, is amended to read:
   66         110.12315 Prescription drug program.—The state employees’
   67  prescription drug program is established. This program shall be
   68  administered by the Department of Management Services, according
   69  to the terms and conditions of the plan as established by the
   70  relevant provisions of the annual General Appropriations Act and
   71  implementing legislation, subject to the following conditions:
   72         (7) The department shall establish the reimbursement
   73  schedule for prescription pharmaceuticals dispensed under the
   74  program. Reimbursement rates for a prescription pharmaceutical
   75  must be based on the cost of the generic equivalent drug if a
   76  generic equivalent exists, unless the physician, advanced
   77  registered nurse practitioner, or physician assistant
   78  prescribing the pharmaceutical clearly states on the
   79  prescription that the brand name drug is medically necessary or
   80  that the drug product is included on the formulary of drug
   81  products that may not be interchanged as provided in chapter
   82  465, in which case reimbursement must be based on the cost of
   83  the brand name drug as specified in the reimbursement schedule
   84  adopted by the department.
   85         Section 2. Paragraph (c) of subsection (1) of section
   86  310.071, Florida Statutes, is amended to read:
   87         310.071 Deputy pilot certification.—
   88         (1) In addition to meeting other requirements specified in
   89  this chapter, each applicant for certification as a deputy pilot
   90  must:
   91         (c) Be in good physical and mental health, as evidenced by
   92  documentary proof of having satisfactorily passed a complete
   93  physical examination administered by a licensed physician within
   94  the preceding 6 months. The board shall adopt rules to establish
   95  requirements for passing the physical examination, which rules
   96  shall establish minimum standards for the physical or mental
   97  capabilities necessary to carry out the professional duties of a
   98  certificated deputy pilot. Such standards shall include zero
   99  tolerance for any controlled substance regulated under chapter
  100  893 unless that individual is under the care of a physician,
  101  advanced registered nurse practitioner, or physician assistant
  102  and that controlled substance was prescribed by that physician,
  103  advanced registered nurse practitioner, or physician assistant.
  104  To maintain eligibility as a certificated deputy pilot, each
  105  certificated deputy pilot must annually provide documentary
  106  proof of having satisfactorily passed a complete physical
  107  examination administered by a licensed physician. The physician
  108  must know the minimum standards and certify that the
  109  certificateholder satisfactorily meets the standards. The
  110  standards for certificateholders shall include a drug test.
  111         Section 3. Subsection (3) of section 310.073, Florida
  112  Statutes, is amended to read:
  113         310.073 State pilot licensing.—In addition to meeting other
  114  requirements specified in this chapter, each applicant for
  115  license as a state pilot must:
  116         (3) Be in good physical and mental health, as evidenced by
  117  documentary proof of having satisfactorily passed a complete
  118  physical examination administered by a licensed physician within
  119  the preceding 6 months. The board shall adopt rules to establish
  120  requirements for passing the physical examination, which rules
  121  shall establish minimum standards for the physical or mental
  122  capabilities necessary to carry out the professional duties of a
  123  licensed state pilot. Such standards shall include zero
  124  tolerance for any controlled substance regulated under chapter
  125  893 unless that individual is under the care of a physician,
  126  advanced registered nurse practitioner, or physician assistant
  127  and that controlled substance was prescribed by that physician,
  128  advanced registered nurse practitioner, or physician assistant.
  129  To maintain eligibility as a licensed state pilot, each licensed
  130  state pilot must annually provide documentary proof of having
  131  satisfactorily passed a complete physical examination
  132  administered by a licensed physician. The physician must know
  133  the minimum standards and certify that the licensee
  134  satisfactorily meets the standards. The standards for licensees
  135  shall include a drug test.
  136         Section 4. Paragraph (b) of subsection (3) of section
  137  310.081, Florida Statutes, is amended to read:
  138         310.081 Department to examine and license state pilots and
  139  certificate deputy pilots; vacancies.—
  140         (3) Pilots shall hold their licenses or certificates
  141  pursuant to the requirements of this chapter so long as they:
  142         (b) Are in good physical and mental health as evidenced by
  143  documentary proof of having satisfactorily passed a physical
  144  examination administered by a licensed physician or physician
  145  assistant within each calendar year. The board shall adopt rules
  146  to establish requirements for passing the physical examination,
  147  which rules shall establish minimum standards for the physical
  148  or mental capabilities necessary to carry out the professional
  149  duties of a licensed state pilot or a certificated deputy pilot.
  150  Such standards shall include zero tolerance for any controlled
  151  substance regulated under chapter 893 unless that individual is
  152  under the care of a physician, advanced registered nurse
  153  practitioner, or physician assistant and that controlled
  154  substance was prescribed by that physician, advanced registered
  155  nurse practitioner, or physician assistant. To maintain
  156  eligibility as a certificated deputy pilot or licensed state
  157  pilot, each certificated deputy pilot or licensed state pilot
  158  must annually provide documentary proof of having satisfactorily
  159  passed a complete physical examination administered by a
  160  licensed physician. The physician must know the minimum
  161  standards and certify that the certificateholder or licensee
  162  satisfactorily meets the standards. The standards for
  163  certificateholders and for licensees shall include a drug test.
  164  
  165  Upon resignation or in the case of disability permanently
  166  affecting a pilot’s ability to serve, the state license or
  167  certificate issued under this chapter shall be revoked by the
  168  department.
  169         Section 5. Subsection (7) of section 456.072, Florida
  170  Statutes, is amended to read:
  171         456.072 Grounds for discipline; penalties; enforcement.—
  172         (7) Notwithstanding subsection (2), upon a finding that a
  173  physician has prescribed or dispensed a controlled substance, or
  174  caused a controlled substance to be prescribed or dispensed, in
  175  a manner that violates the standard of practice set forth in s.
  176  458.331(1)(q) or (t), s. 459.015(1)(t) or (x), s. 461.013(1)(o)
  177  or (s), or s. 466.028(1)(p) or (x), or that an advanced
  178  registered nurse practitioner has prescribed or dispensed a
  179  controlled substance, or caused a controlled substance to be
  180  prescribed or dispensed, in a manner that violates the standard
  181  of practice set forth in s. 464.018(1)(n) or (p)6., the
  182  physician or advanced registered nurse practitioner shall be
  183  suspended for a period of not less than 6 months and pay a fine
  184  of not less than $10,000 per count. Repeated violations shall
  185  result in increased penalties.
  186         Section 6. Subsections (2) and (3) of section 456.44,
  187  Florida Statutes, are amended to read:
  188         456.44 Controlled substance prescribing.—
  189         (2) REGISTRATION.—Effective January 1, 2012, A physician
  190  licensed under chapter 458, chapter 459, chapter 461, or chapter
  191  466, a physician assistant licensed under chapter 458 or chapter
  192  459, or an advanced registered nurse practitioner certified
  193  under part I of chapter 464 who prescribes any controlled
  194  substance, listed in Schedule II, Schedule III, or Schedule IV
  195  as defined in s. 893.03, for the treatment of chronic
  196  nonmalignant pain, must:
  197         (a) Designate himself or herself as a controlled substance
  198  prescribing practitioner on his or her the physician’s
  199  practitioner profile.
  200         (b) Comply with the requirements of this section and
  201  applicable board rules.
  202         (3) STANDARDS OF PRACTICE.—The standards of practice in
  203  this section do not supersede the level of care, skill, and
  204  treatment recognized in general law related to health care
  205  licensure.
  206         (a) A complete medical history and a physical examination
  207  must be conducted before beginning any treatment and must be
  208  documented in the medical record. The exact components of the
  209  physical examination shall be left to the judgment of the
  210  registrant clinician who is expected to perform a physical
  211  examination proportionate to the diagnosis that justifies a
  212  treatment. The medical record must, at a minimum, document the
  213  nature and intensity of the pain, current and past treatments
  214  for pain, underlying or coexisting diseases or conditions, the
  215  effect of the pain on physical and psychological function, a
  216  review of previous medical records, previous diagnostic studies,
  217  and history of alcohol and substance abuse. The medical record
  218  shall also document the presence of one or more recognized
  219  medical indications for the use of a controlled substance. Each
  220  registrant must develop a written plan for assessing each
  221  patient’s risk of aberrant drug-related behavior, which may
  222  include patient drug testing. Registrants must assess each
  223  patient’s risk for aberrant drug-related behavior and monitor
  224  that risk on an ongoing basis in accordance with the plan.
  225         (b) Each registrant must develop a written individualized
  226  treatment plan for each patient. The treatment plan shall state
  227  objectives that will be used to determine treatment success,
  228  such as pain relief and improved physical and psychosocial
  229  function, and shall indicate if any further diagnostic
  230  evaluations or other treatments are planned. After treatment
  231  begins, the registrant physician shall adjust drug therapy to
  232  the individual medical needs of each patient. Other treatment
  233  modalities, including a rehabilitation program, shall be
  234  considered depending on the etiology of the pain and the extent
  235  to which the pain is associated with physical and psychosocial
  236  impairment. The interdisciplinary nature of the treatment plan
  237  shall be documented.
  238         (c) The registrant physician shall discuss the risks and
  239  benefits of the use of controlled substances, including the
  240  risks of abuse and addiction, as well as physical dependence and
  241  its consequences, with the patient, persons designated by the
  242  patient, or the patient’s surrogate or guardian if the patient
  243  is incompetent. The registrant physician shall use a written
  244  controlled substance agreement between the registrant physician
  245  and the patient outlining the patient’s responsibilities,
  246  including, but not limited to:
  247         1. Number and frequency of controlled substance
  248  prescriptions and refills.
  249         2. Patient compliance and reasons for which drug therapy
  250  may be discontinued, such as a violation of the agreement.
  251         3. An agreement that controlled substances for the
  252  treatment of chronic nonmalignant pain shall be prescribed by a
  253  single treating registrant physician unless otherwise authorized
  254  by the treating registrant physician and documented in the
  255  medical record.
  256         (d) The patient shall be seen by the registrant physician
  257  at regular intervals, not to exceed 3 months, to assess the
  258  efficacy of treatment, ensure that controlled substance therapy
  259  remains indicated, evaluate the patient’s progress toward
  260  treatment objectives, consider adverse drug effects, and review
  261  the etiology of the pain. Continuation or modification of
  262  therapy shall depend on the registrant’s physician’s evaluation
  263  of the patient’s progress. If treatment goals are not being
  264  achieved, despite medication adjustments, the registrant
  265  physician shall reevaluate the appropriateness of continued
  266  treatment. The registrant physician shall monitor patient
  267  compliance in medication usage, related treatment plans,
  268  controlled substance agreements, and indications of substance
  269  abuse or diversion at a minimum of 3-month intervals.
  270         (e) The registrant physician shall refer the patient as
  271  necessary for additional evaluation and treatment in order to
  272  achieve treatment objectives. Special attention shall be given
  273  to those patients who are at risk for misusing their medications
  274  and those whose living arrangements pose a risk for medication
  275  misuse or diversion. The management of pain in patients with a
  276  history of substance abuse or with a comorbid psychiatric
  277  disorder requires extra care, monitoring, and documentation and
  278  requires consultation with or referral to an addiction medicine
  279  specialist or psychiatrist.
  280         (f) A registrant physician registered under this section
  281  must maintain accurate, current, and complete records that are
  282  accessible and readily available for review and comply with the
  283  requirements of this section, the applicable practice act, and
  284  applicable board rules. The medical records must include, but
  285  are not limited to:
  286         1. The complete medical history and a physical examination,
  287  including history of drug abuse or dependence.
  288         2. Diagnostic, therapeutic, and laboratory results.
  289         3. Evaluations and consultations.
  290         4. Treatment objectives.
  291         5. Discussion of risks and benefits.
  292         6. Treatments.
  293         7. Medications, including date, type, dosage, and quantity
  294  prescribed.
  295         8. Instructions and agreements.
  296         9. Periodic reviews.
  297         10. Results of any drug testing.
  298         11. A photocopy of the patient’s government-issued photo
  299  identification.
  300         12. If a written prescription for a controlled substance is
  301  given to the patient, a duplicate of the prescription.
  302         13. The registrant’s physician’s full name presented in a
  303  legible manner.
  304         (g) Patients with signs or symptoms of substance abuse
  305  shall be immediately referred to a board-certified pain
  306  management physician, an addiction medicine specialist, or a
  307  mental health addiction facility as it pertains to drug abuse or
  308  addiction unless the registrant is a physician who is board
  309  certified or board-eligible in pain management. Throughout the
  310  period of time before receiving the consultant’s report, a
  311  prescribing registrant physician shall clearly and completely
  312  document medical justification for continued treatment with
  313  controlled substances and those steps taken to ensure medically
  314  appropriate use of controlled substances by the patient. Upon
  315  receipt of the consultant’s written report, the prescribing
  316  registrant physician shall incorporate the consultant’s
  317  recommendations for continuing, modifying, or discontinuing
  318  controlled substance therapy. The resulting changes in treatment
  319  shall be specifically documented in the patient’s medical
  320  record. Evidence or behavioral indications of diversion shall be
  321  followed by discontinuation of controlled substance therapy, and
  322  the patient shall be discharged, and all results of testing and
  323  actions taken by the registrant physician shall be documented in
  324  the patient’s medical record.
  325  
  326  This subsection does not apply to a board-eligible or board
  327  certified anesthesiologist, physiatrist, rheumatologist, or
  328  neurologist, or to a board-certified physician who has surgical
  329  privileges at a hospital or ambulatory surgery center and
  330  primarily provides surgical services. This subsection does not
  331  apply to a board-eligible or board-certified medical specialist
  332  who has also completed a fellowship in pain medicine approved by
  333  the Accreditation Council for Graduate Medical Education or the
  334  American Osteopathic Association, or who is board eligible or
  335  board certified in pain medicine by the American Board of Pain
  336  Medicine, the American Board of Interventional Pain Physicians,
  337  the American Association of Physician Specialists, or a board
  338  approved by the American Board of Medical Specialties or the
  339  American Osteopathic Association and performs interventional
  340  pain procedures of the type routinely billed using surgical
  341  codes. This subsection does not apply to a registrant, advanced
  342  registered nurse practitioner, or physician assistant who
  343  prescribes medically necessary controlled substances for a
  344  patient during an inpatient stay in a hospital licensed under
  345  chapter 395.
  346         Section 7. Paragraph (f) of subsection (4) of section
  347  458.347, Florida Statutes, is amended to read:
  348         458.347 Physician assistants.—
  349         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  350         (f)1. The council shall establish a formulary of medicinal
  351  drugs that a fully licensed physician assistant having
  352  prescribing authority under this section or s. 459.022 may not
  353  prescribe. The formulary must include controlled substances as
  354  defined in chapter 893, general anesthetics, and radiographic
  355  contrast materials.
  356         2. In establishing the formulary, the council shall consult
  357  with a pharmacist licensed under chapter 465, but not licensed
  358  under this chapter or chapter 459, who shall be selected by the
  359  State Surgeon General.
  360         3. Only the council shall add to, delete from, or modify
  361  the formulary. Any person who requests an addition, deletion, or
  362  modification of a medicinal drug listed on such formulary has
  363  the burden of proof to show cause why such addition, deletion,
  364  or modification should be made.
  365         4. The boards shall adopt the formulary required by this
  366  paragraph, and each addition, deletion, or modification to the
  367  formulary, by rule. Notwithstanding any provision of chapter 120
  368  to the contrary, the formulary rule shall be effective 60 days
  369  after the date it is filed with the Secretary of State. Upon
  370  adoption of the formulary, the department shall mail a copy of
  371  such formulary to each fully licensed physician assistant having
  372  prescribing authority under this section or s. 459.022, and to
  373  each pharmacy licensed by the state. The boards shall establish,
  374  by rule, a fee not to exceed $200 to fund the provisions of this
  375  paragraph and paragraph (e).
  376         Section 8. Section 464.012, Florida Statutes, is amended to
  377  read:
  378         464.012 Certification of advanced registered nurse
  379  practitioners; fees; controlled substance prescribing.—
  380         (1) Any nurse desiring to be certified as an advanced
  381  registered nurse practitioner shall apply to the department and
  382  submit proof that he or she holds a current license to practice
  383  professional nursing and that he or she meets one or more of the
  384  following requirements as determined by the board:
  385         (a) Satisfactory completion of a formal postbasic
  386  educational program of at least one academic year, the primary
  387  purpose of which is to prepare nurses for advanced or
  388  specialized practice.
  389         (b) Certification by an appropriate specialty board. Such
  390  certification shall be required for initial state certification
  391  and any recertification as a registered nurse anesthetist or
  392  nurse midwife. The board may by rule provide for provisional
  393  state certification of graduate nurse anesthetists and nurse
  394  midwives for a period of time determined to be appropriate for
  395  preparing for and passing the national certification
  396  examination.
  397         (c) Graduation from a program leading to a master’s degree
  398  in a nursing clinical specialty area with preparation in
  399  specialized practitioner skills. For applicants graduating on or
  400  after October 1, 1998, graduation from a master’s degree program
  401  shall be required for initial certification as a nurse
  402  practitioner under paragraph (4)(c). For applicants graduating
  403  on or after October 1, 2001, graduation from a master’s degree
  404  program shall be required for initial certification as a
  405  registered nurse anesthetist under paragraph (4)(a).
  406         (2) The board shall provide by rule the appropriate
  407  requirements for advanced registered nurse practitioners in the
  408  categories of certified registered nurse anesthetist, certified
  409  nurse midwife, and certified nurse practitioner.
  410         (3) An advanced registered nurse practitioner shall perform
  411  those functions authorized in this section within the framework
  412  of an established protocol that is filed with the board upon
  413  biennial license renewal and within 30 days after entering into
  414  a supervisory relationship with a physician or changes to the
  415  protocol. The board shall review the protocol to ensure
  416  compliance with applicable regulatory standards for protocols.
  417  The board shall refer to the department licensees submitting
  418  protocols that are not compliant with the regulatory standards
  419  for protocols. A practitioner currently licensed under chapter
  420  458, chapter 459, or chapter 466 shall maintain supervision for
  421  directing the specific course of medical treatment. Within the
  422  established framework, an advanced registered nurse practitioner
  423  may:
  424         (a) Prescribe, dispense, administer, or order any Monitor
  425  and alter drug therapies.
  426         (b) Initiate appropriate therapies for certain conditions.
  427         (c) Perform additional functions as may be determined by
  428  rule in accordance with s. 464.003(2).
  429         (d) Order diagnostic tests and physical and occupational
  430  therapy.
  431         (4) In addition to the general functions specified in
  432  subsection (3), an advanced registered nurse practitioner may
  433  perform the following acts within his or her specialty:
  434         (a) The certified registered nurse anesthetist may, to the
  435  extent authorized by established protocol approved by the
  436  medical staff of the facility in which the anesthetic service is
  437  performed, perform any or all of the following:
  438         1. Determine the health status of the patient as it relates
  439  to the risk factors and to the anesthetic management of the
  440  patient through the performance of the general functions.
  441         2. Based on history, physical assessment, and supplemental
  442  laboratory results, determine, with the consent of the
  443  responsible physician, the appropriate type of anesthesia within
  444  the framework of the protocol.
  445         3. Order under the protocol preanesthetic medication.
  446         4. Perform under the protocol procedures commonly used to
  447  render the patient insensible to pain during the performance of
  448  surgical, obstetrical, therapeutic, or diagnostic clinical
  449  procedures. These procedures include ordering and administering
  450  regional, spinal, and general anesthesia; inhalation agents and
  451  techniques; intravenous agents and techniques; and techniques of
  452  hypnosis.
  453         5. Order or perform monitoring procedures indicated as
  454  pertinent to the anesthetic health care management of the
  455  patient.
  456         6. Support life functions during anesthesia health care,
  457  including induction and intubation procedures, the use of
  458  appropriate mechanical supportive devices, and the management of
  459  fluid, electrolyte, and blood component balances.
  460         7. Recognize and take appropriate corrective action for
  461  abnormal patient responses to anesthesia, adjunctive medication,
  462  or other forms of therapy.
  463         8. Recognize and treat a cardiac arrhythmia while the
  464  patient is under anesthetic care.
  465         9. Participate in management of the patient while in the
  466  postanesthesia recovery area, including ordering the
  467  administration of fluids and drugs.
  468         10. Place special peripheral and central venous and
  469  arterial lines for blood sampling and monitoring as appropriate.
  470         (b) The certified nurse midwife may, to the extent
  471  authorized by an established protocol which has been approved by
  472  the medical staff of the health care facility in which the
  473  midwifery services are performed, or approved by the nurse
  474  midwife’s physician backup when the delivery is performed in a
  475  patient’s home, perform any or all of the following:
  476         1. Perform superficial minor surgical procedures.
  477         2. Manage the patient during labor and delivery to include
  478  amniotomy, episiotomy, and repair.
  479         3. Order, initiate, and perform appropriate anesthetic
  480  procedures.
  481         4. Perform postpartum examination.
  482         5. Order appropriate medications.
  483         6. Provide family-planning services and well-woman care.
  484         7. Manage the medical care of the normal obstetrical
  485  patient and the initial care of a newborn patient.
  486         (c) The nurse practitioner may perform any or all of the
  487  following acts within the framework of established protocol:
  488         1. Manage selected medical problems.
  489         2. Order physical and occupational therapy.
  490         3. Initiate, monitor, or alter therapies for certain
  491  uncomplicated acute illnesses.
  492         4. Monitor and manage patients with stable chronic
  493  diseases.
  494         5. Establish behavioral problems and diagnosis and make
  495  treatment recommendations.
  496         (5) The board shall certify, and the department shall issue
  497  a certificate to, any nurse meeting the qualifications in this
  498  section. The board shall establish an application fee not to
  499  exceed $100 and a biennial renewal fee not to exceed $50. The
  500  board is authorized to adopt such other rules as are necessary
  501  to implement the provisions of this section.
  502         Section 9. Paragraph (p) is added to subsection (1) of
  503  section 464.018, Florida Statutes, to read:
  504         464.018 Disciplinary actions.—
  505         (1) The following acts constitute grounds for denial of a
  506  license or disciplinary action, as specified in s. 456.072(2):
  507         (p)For an advanced registered nurse practitioner:
  508         1.Presigning blank prescription forms.
  509         2.Prescribing for office use any medicinal drug appearing
  510  on Schedule II in chapter 893.
  511         3.Prescribing, ordering, dispensing, administering,
  512  supplying, selling, or giving a drug that is an amphetamine or a
  513  sympathomimetic amine drug, or a compound designated pursuant to
  514  chapter 893 as a Schedule II controlled substance, to or for any
  515  person except for:
  516         a. The treatment of narcolepsy; hyperkinesis; behavioral
  517  syndrome in children characterized by the developmentally
  518  inappropriate symptoms of moderate to severe distractibility,
  519  short attention span, hyperactivity, emotional lability, and
  520  impulsivity; or drug-induced brain dysfunction.
  521         b. The differential diagnostic psychiatric evaluation of
  522  depression or the treatment of depression shown to be refractory
  523  to other therapeutic modalities.
  524         c. The clinical investigation of the effects of such drugs
  525  or compounds when an investigative protocol is submitted to,
  526  reviewed by, and approved by the department before such
  527  investigation is begun.
  528         4. Prescribing, ordering, dispensing, administering,
  529  supplying, selling, or giving growth hormones, testosterone or
  530  its analogs, human chorionic gonadotropin (HCG), or other
  531  hormones for the purpose of muscle building or to enhance
  532  athletic performance. As used in this subparagraph, the term
  533  “muscle building” does not include the treatment of injured
  534  muscle. A prescription written for the drug products listed in
  535  this paragraph may be dispensed by a pharmacist with the
  536  presumption that the prescription is for legitimate medical use.
  537         5. Promoting or advertising on any prescription form a
  538  community pharmacy unless the form also states: “This
  539  prescription may be filled at any pharmacy of your choice.”
  540         6.Prescribing, dispensing, administering, mixing, or
  541  otherwise preparing a legend drug, including a controlled
  542  substance, other than in the course of his or her professional
  543  practice. For the purposes of this subparagraph, it is legally
  544  presumed that prescribing, dispensing, administering, mixing, or
  545  otherwise preparing legend drugs, including all controlled
  546  substances, inappropriately or in excessive or inappropriate
  547  quantities is not in the best interest of the patient and is not
  548  in the course of the advanced registered nurse practitioner’s
  549  professional practice, without regard to his or her intent.
  550         7.Prescribing, dispensing, or administering a medicinal
  551  drug appearing on any schedule set forth in chapter 893 to
  552  himself or herself, except a drug prescribed, dispensed, or
  553  administered to the advanced registered nurse practitioner by
  554  another practitioner authorized to prescribe, dispense, or
  555  administer medicinal drugs.
  556         8.Prescribing, ordering, dispensing, administering,
  557  supplying, selling, or giving amygdalin (laetrile) to any
  558  person.
  559         9.Dispensing a controlled substance listed on Schedule II
  560  or Schedule III in chapter 893 in violation of s. 465.0276.
  561         10.Promoting or advertising through any communication
  562  medium the use, sale, or dispensing of a controlled substance
  563  appearing on any schedule in chapter 893.
  564         Section 10. Subsection (21) of section 893.02, Florida
  565  Statutes, is amended to read:
  566         893.02 Definitions.—The following words and phrases as used
  567  in this chapter shall have the following meanings, unless the
  568  context otherwise requires:
  569         (21) “Practitioner” means a physician licensed under
  570  pursuant to chapter 458, a dentist licensed under pursuant to
  571  chapter 466, a veterinarian licensed under pursuant to chapter
  572  474, an osteopathic physician licensed under pursuant to chapter
  573  459, an advanced registered nurse practitioner certified under
  574  chapter 464, a naturopath licensed under pursuant to chapter
  575  462, a certified optometrist licensed under pursuant to chapter
  576  463, or a podiatric physician licensed under pursuant to chapter
  577  461, or a physician assistant licensed under chapter 458 or
  578  chapter 459, provided such practitioner holds a valid federal
  579  controlled substance registry number.
  580         Section 11. Paragraph (n) of subsection (1) of section
  581  948.03, Florida Statutes, is amended to read:
  582         948.03 Terms and conditions of probation.—
  583         (1) The court shall determine the terms and conditions of
  584  probation. Conditions specified in this section do not require
  585  oral pronouncement at the time of sentencing and may be
  586  considered standard conditions of probation. These conditions
  587  may include among them the following, that the probationer or
  588  offender in community control shall:
  589         (n) Be prohibited from using intoxicants to excess or
  590  possessing any drugs or narcotics unless prescribed by a
  591  physician, advanced registered nurse practitioner, or physician
  592  assistant. The probationer or community controllee may shall not
  593  knowingly visit places where intoxicants, drugs, or other
  594  dangerous substances are unlawfully sold, dispensed, or used.
  595         Section 12. Subsection (3) of s. 310.071, Florida Statutes,
  596  is reenacted for the purpose of incorporating the amendment made
  597  by this act to s. 310.071, Florida Statutes, in a reference
  598  thereto.
  599         Section 13. Paragraph (mm) of subsection (1) of s. 456.072
  600  and s. 466.02751, Florida Statutes, are reenacted for the
  601  purpose of incorporating the amendment made by this act to s.
  602  456.44, Florida Statutes, in references thereto.
  603         Section 14. Section 458.303, paragraph (e) of subsection
  604  (4) and paragraph (c) of subsection (9) of s. 458.347, paragraph
  605  (b) of subsection (7) of s. 458.3475, paragraph (e) of
  606  subsection (4) and paragraph (c) of subsection (9) of s.
  607  459.022, and paragraph (b) of subsection (7) of s. 459.023,
  608  Florida Statutes, are reenacted for the purpose of incorporating
  609  the amendment made by this act to s. 458.347, Florida Statutes,
  610  in references thereto.
  611         Section 15. Paragraph (a) of subsection (1) of s. 456.041,
  612  subsections (1) and (2) of s. 458.348, and subsection (1) of s.
  613  459.025, Florida Statutes, are reenacted for the purpose of
  614  incorporating the amendment made by this act to s. 464.012,
  615  Florida Statutes, in references thereto.
  616         Section 16. Subsection (11) of s. 320.0848, subsection (2)
  617  of s. 464.008, subsection (5) of s. 464.009, subsection (2) of
  618  s. 464.018, and paragraph (b) of subsection (1), subsection (3),
  619  and paragraph (b) of subsection (4) of s. 464.0205, Florida
  620  Statutes, are reenacted for the purpose of incorporating the
  621  amendment made by this act to s. 464.018, Florida Statutes, in
  622  references thereto.
  623         Section 17. Section 775.051, Florida Statutes, is reenacted
  624  for the purpose of incorporating the amendment made by this act
  625  to s. 893.02, Florida Statutes, in a reference thereto.
  626         Section 18. Paragraph (a) of subsection (3) of s. 944.17,
  627  subsection (8) of s. 948.001, and paragraph (e) of subsection
  628  (1) of s. 948.101, Florida Statutes, are reenacted for the
  629  purpose of incorporating the amendment made by this act to s.
  630  948.03, Florida Statutes, in references thereto.
  631         Section 19. This act shall take effect July 1, 2015.