Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 152
       
       
       
       
       
       
                                Ì556062ÂÎ556062                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  02/26/2016           .                                
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       The Committee on Appropriations (Grimsley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) of section 381.887, Florida
    6  Statutes, is amended to read:
    7         381.887 Emergency treatment for suspected opioid overdose.—
    8         (3) An authorized health care practitioner may, directly or
    9  by a non-patient specific standing order, prescribe and dispense
   10  an emergency opioid antagonist to a patient or caregiver for use
   11  in accordance with this section, and pharmacists may dispense an
   12  emergency opioid antagonist pursuant to such a prescription that
   13  issued in the name of the patient or caregiver, which is
   14  appropriately labeled with instructions for use. Such patient or
   15  caregiver is authorized to store and possess approved emergency
   16  opioid antagonists and, in an emergency situation when a
   17  physician is not immediately available, administer the emergency
   18  opioid antagonist to a person believed in good faith to be
   19  experiencing an opioid overdose, regardless of whether that
   20  person has a prescription for an emergency opioid antagonist.
   21         Section 2. Paragraph (g) of subsection (4) of section
   22  458.347, Florida Statutes, is amended to read:
   23         458.347 Physician assistants.—
   24         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
   25         (g) A supervisory physician may delegate to a licensed
   26  physician assistant the authority to, and the licensed physician
   27  assistant acting under the direction of the supervisory
   28  physician may, order any medication medications for
   29  administration to the supervisory physician’s patient during his
   30  or her care in a facility licensed under chapter 395 or part II
   31  of chapter 400, notwithstanding any provisions in chapter 465 or
   32  chapter 893 which may prohibit this delegation. For the purpose
   33  of this paragraph, an order is not considered a prescription. A
   34  licensed physician assistant working in a facility that is
   35  licensed under chapter 395 or part II of chapter 400 may order
   36  any medication under the direction of the supervisory physician.
   37         Section 3. Paragraph (f) of subsection (4) of section
   38  459.022, Florida Statutes, is amended to read:
   39         459.022 Physician assistants.—
   40         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
   41         (f) A supervisory physician may delegate to a licensed
   42  physician assistant the authority to, and the licensed physician
   43  assistant acting under the direction of the supervisory
   44  physician may, order any medication medications for
   45  administration to the supervisory physician’s patient during his
   46  or her care in a facility licensed under chapter 395 or part II
   47  of chapter 400, notwithstanding any provisions in chapter 465 or
   48  chapter 893 which may prohibit this delegation. For the purpose
   49  of this paragraph, an order is not considered a prescription. A
   50  licensed physician assistant working in a facility that is
   51  licensed under chapter 395 or part II of chapter 400 may order
   52  any medication under the direction of the supervisory physician.
   53         Section 4. Paragraph (a) of subsection (3) of section
   54  464.012, Florida Statutes, is amended to read:
   55         464.012 Certification of advanced registered nurse
   56  practitioners; fees.—
   57         (3) An advanced registered nurse practitioner shall perform
   58  those functions authorized in this section within the framework
   59  of an established protocol that is filed with the board upon
   60  biennial license renewal and within 30 days after entering into
   61  a supervisory relationship with a physician or changes to the
   62  protocol. The board shall review the protocol to ensure
   63  compliance with applicable regulatory standards for protocols.
   64  The board shall refer to the department licensees submitting
   65  protocols that are not compliant with the regulatory standards
   66  for protocols. A practitioner currently licensed under chapter
   67  458, chapter 459, or chapter 466 shall maintain supervision for
   68  directing the specific course of medical treatment. Within the
   69  established framework, an advanced registered nurse practitioner
   70  may:
   71         (a) Monitor and alter drug therapies and order any
   72  medication for administration to a patient in a facility
   73  licensed under chapter 395 or part II of chapter 400.
   74         Section 5. Subsection (14) of section 465.003, Florida
   75  Statutes, is amended to read:
   76         465.003 Definitions.—As used in this chapter, the term:
   77         (14) “Prescription” includes any order for drugs or
   78  medicinal supplies written or transmitted by any means of
   79  communication by a duly licensed practitioner authorized by the
   80  laws of this the state to prescribe such drugs or medicinal
   81  supplies and intended to be dispensed by a pharmacist, except
   82  for an order that is dispensed for administration. The term also
   83  includes an orally transmitted order by the lawfully designated
   84  agent of such practitioner;. The term also includes an order
   85  written or transmitted by a practitioner licensed to practice in
   86  a jurisdiction other than this state, but only if the pharmacist
   87  called upon to dispense such order determines, in the exercise
   88  of her or his professional judgment, that the order is valid and
   89  necessary for the treatment of a chronic or recurrent illness;
   90  and. The term “prescription” also includes a pharmacist’s order
   91  for a product selected from the formulary created pursuant to s.
   92  465.186. Prescriptions may be retained in written form or the
   93  pharmacist may cause them to be recorded in a data processing
   94  system, provided that such order can be produced in printed form
   95  upon lawful request.
   96         Section 6. Subsections (1) and (22) of section 893.02,
   97  Florida Statutes, are amended to read:
   98         893.02 Definitions.—The following words and phrases as used
   99  in this chapter shall have the following meanings, unless the
  100  context otherwise requires:
  101         (1) “Administer” or “administration” means the direct
  102  application of a controlled substance, whether by injection,
  103  inhalation, ingestion, or any other means, to the body of a
  104  person or animal.
  105         (22) “Prescription” means and includes any an order for
  106  drugs or medicinal supplies which is written, signed, or
  107  transmitted by any word of mouth, telephone, telegram, or other
  108  means of communication by a duly licensed practitioner
  109  authorized licensed by the laws of this the state to prescribe
  110  such drugs or medicinal supplies, is issued in good faith and in
  111  the course of professional practice, is intended to be filled,
  112  compounded, or dispensed by a another person authorized licensed
  113  by the laws of this the state to do so, and meets meeting the
  114  requirements of s. 893.04.
  115         (a) The term also includes an order for drugs or medicinal
  116  supplies so transmitted or written by a physician, dentist,
  117  veterinarian, or other practitioner licensed to practice in a
  118  state other than Florida, but only if the pharmacist called upon
  119  to fill such an order determines, in the exercise of his or her
  120  professional judgment, that the order was issued pursuant to a
  121  valid patient-physician relationship, that it is authentic, and
  122  that the drugs or medicinal supplies so ordered are considered
  123  necessary for the continuation of treatment of a chronic or
  124  recurrent illness.
  125         (b) The term does not include an order that is dispensed
  126  for administration by a licensed practitioner authorized by the
  127  laws of this state to administer such drugs or medicinal
  128  supplies.
  129         (c)However, If the physician writing the prescription is
  130  not known to the pharmacist, the pharmacist shall obtain proof
  131  to a reasonable certainty of the validity of the said
  132  prescription.
  133         (d) A prescription order for a controlled substance may
  134  shall not be issued on the same prescription blank with another
  135  prescription order for a controlled substance that which is
  136  named or described in a different schedule or with another, nor
  137  shall any prescription order for a controlled substance be
  138  issued on the same prescription blank as a prescription order
  139  for a medicinal drug, as defined in s. 465.003(8), that is which
  140  does not fall within the definition of a controlled substance as
  141  defined in this act.
  142         Section 7. Paragraphs (a), (d), and (f) of subsection (2)
  143  of section 893.04, Florida Statutes, are amended to read:
  144         893.04 Pharmacist and practitioner.—
  145         (2)(a) A pharmacist may not dispense a controlled substance
  146  listed in Schedule II, Schedule III, or Schedule IV to any
  147  patient or patient’s agent without first determining, in the
  148  exercise of her or his professional judgment, that the
  149  prescription order is valid. The pharmacist may dispense the
  150  controlled substance, in the exercise of her or his professional
  151  judgment, when the pharmacist or pharmacist’s agent has obtained
  152  satisfactory patient information from the patient or the
  153  patient’s agent.
  154         (d) Each written prescription written prescribed by a
  155  practitioner in this state for a controlled substance listed in
  156  Schedule II, Schedule III, or Schedule IV must include both a
  157  written and a numerical notation of the quantity of the
  158  controlled substance prescribed and a notation of the date in
  159  numerical, month/day/year format, or with the abbreviated month
  160  written out, or the month written out in whole. A pharmacist
  161  may, upon verification by the prescriber, document any
  162  information required by this paragraph. If the prescriber is not
  163  available to verify a prescription, the pharmacist may dispense
  164  the controlled substance, but may insist that the person to whom
  165  the controlled substance is dispensed provide valid photographic
  166  identification. If a prescription includes a numerical notation
  167  of the quantity of the controlled substance or date, but does
  168  not include the quantity or date written out in textual format,
  169  the pharmacist may dispense the controlled substance without
  170  verification by the prescriber of the quantity or date if the
  171  pharmacy previously dispensed another prescription for the
  172  person to whom the prescription was written.
  173         (f) A pharmacist may not knowingly dispense fill a
  174  prescription that has been forged for a controlled substance
  175  listed in Schedule II, Schedule III, or Schedule IV.
  176         Section 8. Subsection (1) of section 893.05, Florida
  177  Statutes, is amended to read:
  178         893.05 Practitioners and persons administering controlled
  179  substances in their absence.—
  180         (1)(a) A practitioner, in good faith and in the course of
  181  his or her professional practice only, may prescribe,
  182  administer, dispense, mix, or otherwise prepare a controlled
  183  substance, or the practitioner may cause the controlled
  184  substance same to be administered by a licensed nurse or an
  185  intern practitioner under his or her direction and supervision
  186  only.
  187         (b)Pursuant to s. 458.347(4)(g), s. 459.022(4)(f), or s.
  188  464.012(3), as applicable, a practitioner who supervises a
  189  licensed physician assistant or advanced registered nurse
  190  practitioner may authorize the licensed physician assistant or
  191  advanced registered nurse practitioner to order controlled
  192  substances for administration to a patient in a facility
  193  licensed under chapter 395 or part II of chapter 400.
  194         (c) A veterinarian may so prescribe, administer, dispense,
  195  mix, or prepare a controlled substance for use on animals only,
  196  and may cause the controlled substance it to be administered by
  197  an assistant or orderly only under the veterinarian’s direction
  198  and supervision only.
  199         (d) A certified optometrist licensed under chapter 463 may
  200  not administer or prescribe a controlled substance listed in
  201  Schedule I or Schedule II of s. 893.03.
  202         Section 9. Subsection (26) of s. 400.462, subsection (1) of
  203  s. 401.445, subsection (18) of s. 409.906, and subsection (3) of
  204  s. 766.103, Florida Statutes, are reenacted for the purpose of
  205  incorporating the amendments made by this act to ss. 458.347 and
  206  459.022, Florida Statutes, in references thereto.
  207         Section 10. Subsection (1) of s. 401.445 and subsection (3)
  208  of s. 766.103, Florida Statutes, are reenacted for the purpose
  209  of incorporating the amendment made by this act to s. 464.012,
  210  Florida Statutes, in references thereto.
  211         Section 11. Paragraph (a) of subsection (1) of s. 409.9201,
  212  paragraph (pp) of subsection (1) of s. 458.331, paragraph (rr)
  213  of subsection (1) of s. 459.015, subsection (1) of s. 465.014,
  214  paragraph (c) of subsection (2) of s. 465.015, paragraph (s) of
  215  subsection (1) of s. 465.016, paragraph (j) of subsection (5) of
  216  s. 465.022, paragraph (h) of subsection (1) of s. 465.023, s.
  217  465.1901, subsection (43) of s. 499.003, and subsection (1) of
  218  s. 831.30, Florida Statutes, are reenacted for the purpose of
  219  incorporating the amendments made by this act to s. 465.003,
  220  Florida Statutes, in references thereto.
  221         Section 12. Paragraph (i) of subsection (5) of s. 112.0455,
  222  paragraph (b) of subsection (7) of s. 381.986, paragraph (l) of
  223  subsection (1) of s. 440.102, paragraph (pp) of subsection (1)
  224  of s. 458.331, paragraph (rr) of subsection (1) of s. 459.015,
  225  subsection (3) of s. 465.015, paragraph (s) of subsection (1) of
  226  s. 465.016, paragraph (j) of subsection (5) of s. 465.022,
  227  paragraph (h) of subsection (1) of s. 465.023, subsection (14)
  228  of s. 499.0121, paragraph (b) of subsection (1) of s. 768.36,
  229  paragraph (f) of subsection (3) of s. 810.02, paragraph (c) of
  230  subsection (2) of s. 812.014, paragraph (c) of subsection (1) of
  231  s. 856.015, paragraph (a) of subsection (1) of s. 944.47,
  232  subsection (1) of s. 951.22, paragraph (a) of subsection (1) of
  233  s. 985.711, paragraph (i) of subsection (1) of s. 1003.57, and
  234  subsection (8) of s. 1006.09, Florida Statutes, are reenacted
  235  for the purpose of incorporating the amendments made by this act
  236  to s. 893.02, Florida Statutes, in references thereto.
  237         Section 13. Paragraph (e) of subsection (3) of s. 893.0551,
  238  Florida Statutes, is reenacted for the purpose of incorporating
  239  the amendments made by this act to s. 893.04, Florida Statutes,
  240  in a reference thereto.
  241         Section 14. Paragraph (d) of subsection (3) of s. 893.0551,
  242  Florida Statutes, is reenacted for the purpose of incorporating
  243  the amendments made by this act to s. 893.05, Florida Statutes,
  244  in a reference thereto.
  245         Section 15. This act shall take effect July 1, 2016.
  246  
  247  ================= T I T L E  A M E N D M E N T ================
  248  And the title is amended as follows:
  249         Delete everything before the enacting clause
  250  and insert:
  251                        A bill to be entitled                      
  252         An act relating to the ordering of medication;
  253         amending s. 381.887, F.S.; clarifying the provision
  254         that authorizes a health care practitioner to
  255         prescribe and dispense an emergency opioid antagonist;
  256         deleting a requirement that certain prescriptions be
  257         issued in the name of the patient or caregiver;
  258         amending ss. 458.347 and 459.022, F.S.; revising the
  259         authority of a licensed physician assistant to order
  260         medication under the direction of a supervisory
  261         physician for a specified patient; authorizing a
  262         supervisory physician to delegate to a licensed
  263         physician assistant the authority to order medications
  264         for a patient at a licensed nursing home facility;
  265         amending s. 464.012, F.S.; authorizing an advanced
  266         registered nurse practitioner to order medication for
  267         administration to patients in specialized facilities;
  268         amending s. 465.003, F.S.; revising the term
  269         “prescription” to exclude an order for drugs or
  270         medicinal supplies dispensed for administration;
  271         amending s. 893.02, F.S.; revising the term
  272         “administer” to include the term “administration”;
  273         revising the term “prescription” to exclude an order
  274         for drugs or medicinal supplies dispensed for
  275         administration; amending s. 893.04, F.S.; conforming
  276         provisions to changes made by act; amending s. 893.05,
  277         F.S.; authorizing a licensed practitioner to authorize
  278         a licensed physician assistant or advanced registered
  279         nurse practitioner to order controlled substances for
  280         administration to patients in specified facilities
  281         under certain circumstances; reenacting ss.
  282         400.462(26), 401.445(1), 409.906(18), and 766.103(3),
  283         F.S., to incorporate the amendments made to ss.
  284         458.347 and 459.022, F.S., in references thereto;
  285         reenacting ss. 401.445(1) and 766.103(3), F.S., to
  286         incorporate the amendment made to s. 464.012, F.S., in
  287         references thereto; reenacting ss. 409.9201(1)(a),
  288         458.331(1)(pp), 459.015(1)(rr), 465.014(1),
  289         465.015(2)(c), 465.016(1)(s), 465.022(5)(j),
  290         465.023(1)(h), 465.1901, 499.003(43), and 831.30(1),
  291         F.S., to incorporate the amendment made to s. 465.003,
  292         F.S., in references thereto; reenacting ss.
  293         112.0455(5)(i), 381.986(7)(b), 440.102(1)(l),
  294         458.331(1)(pp), 459.015(1)(rr), 465.015(3),
  295         465.016(1)(s), 465.022(5)(j), 465.023(1)(h),
  296         499.0121(14), 768.36(1)(b), 810.02(3)(f),
  297         812.014(2)(c), 856.015(1)(c), 944.47(1)(a), 951.22(1),
  298         985.711(1)(a), 1003.57(1)(i), and 1006.09(8), F.S., to
  299         incorporate the amendment made to s. 893.02, F.S., in
  300         references thereto; reenacting s. 893.0551(3)(e),
  301         F.S., to incorporate the amendment made to s. 893.04,
  302         F.S., in a reference thereto; reenacting s.
  303         893.0551(3)(d), F.S., to incorporate the amendment
  304         made to s. 893.05, F.S., in a reference thereto;
  305         providing an effective date.