Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 543, 1st Eng.
       
       
       
       
       
       
                                Ì323602pÎ323602                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/AD/2R         .         Floor: SENA1/C         
             05/03/2017 05:13 PM       .      05/05/2017 01:15 PM       
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Grimsley moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (3) through (6) of section
    6  458.348, Florida Statutes, are redesignated as subsections (4)
    7  through (7), respectively, present subsection (2) and paragraph
    8  (e) of present subsection (4) of that section are amended, to
    9  read:
   10         458.348 Formal supervisory relationships, standing orders,
   11  and established protocols; notice; standards.—
   12         (2)ESTABLISHMENT OF STANDARDS BY JOINT COMMITTEE.—The
   13  joint committee shall determine minimum standards for the
   14  content of established protocols pursuant to which an advanced
   15  registered nurse practitioner may perform medical acts or acts
   16  set forth in s. 464.012(3) and (4) and shall determine minimum
   17  standards for supervision of such acts by the physician, unless
   18  the joint committee determines that any act set forth in s.
   19  464.012(3) or (4) is not a medical act. Such standards shall be
   20  based on risk to the patient and acceptable standards of medical
   21  care and shall take into account the special problems of
   22  medically underserved areas. The standards developed by the
   23  joint committee shall be adopted as rules by the Board of
   24  Nursing and the Board of Medicine for purposes of carrying out
   25  their responsibilities pursuant to part I of chapter 464 and
   26  this chapter, respectively, but neither board shall have
   27  disciplinary powers over the licensees of the other board.
   28         (3)(4) SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE
   29  SETTINGS.—A physician who supervises an advanced registered
   30  nurse practitioner or physician assistant at a medical office
   31  other than the physician’s primary practice location, where the
   32  advanced registered nurse practitioner or physician assistant is
   33  not under the onsite supervision of a supervising physician,
   34  must comply with the standards set forth in this subsection. For
   35  the purpose of this subsection, a physician’s “primary practice
   36  location” means the address reflected on the physician’s profile
   37  published pursuant to s. 456.041.
   38         (e) This subsection does not apply to health care services
   39  provided in facilities licensed under chapter 395 or in
   40  conjunction with a college of medicine, a college of nursing, an
   41  accredited graduate medical program, or a nursing education
   42  program; not-for-profit, family-planning clinics that are not
   43  licensed pursuant to chapter 390; rural and federally qualified
   44  health centers; health care services provided in a nursing home
   45  licensed under part II of chapter 400, an assisted living
   46  facility licensed under part I of chapter 429, a continuing care
   47  facility licensed under chapter 651, or a retirement community
   48  consisting of independent living units and a licensed nursing
   49  home or assisted living facility; anesthesia services provided
   50  in accordance with law; health care services provided in a
   51  designated rural health clinic; health care services provided to
   52  persons enrolled in a program designed to maintain elderly
   53  persons and persons with disabilities in a home or community
   54  based setting; university primary care student health centers;
   55  school health clinics; or health care services provided in
   56  federal, state, or local government facilities. Subsection (2)
   57  (3) and this subsection do not apply to offices at which the
   58  exclusive service being performed is laser hair removal by an
   59  advanced registered nurse practitioner or physician assistant.
   60         Section 2. Subsections (1) and (3) of section 464.012,
   61  Florida Statutes, are amended to read:
   62         464.012 Certification of advanced registered nurse
   63  practitioners; fees; controlled substance prescribing.—
   64         (1) Any nurse desiring to be certified as an advanced
   65  registered nurse practitioner shall apply to the department and
   66  submit proof that he or she holds a current license to practice
   67  professional nursing and that he or she meets one or more of the
   68  following requirements as determined by the board:
   69         (a)Satisfactory completion of a formal postbasic
   70  educational program of at least one academic year, the primary
   71  purpose of which is to prepare nurses for advanced or
   72  specialized practice.
   73         (a)(b) Certification by an appropriate specialty board.
   74  Such certification shall be required for initial state
   75  certification and any recertification as a registered nurse
   76  anesthetist, psychiatric nurse, or nurse midwife. The board may
   77  by rule provide for provisional state certification of graduate
   78  nurse anesthetists, psychiatric nurses, and nurse midwives for a
   79  period of time determined to be appropriate for preparing for
   80  and passing the national certification examination.
   81         (b)(c) Graduation from a program leading to a master’s
   82  degree in a nursing clinical specialty area with preparation in
   83  specialized practitioner skills. For applicants graduating on or
   84  after October 1, 1998, graduation from a master’s degree program
   85  shall be required for initial certification as a nurse
   86  practitioner under paragraph (4)(c). For applicants graduating
   87  on or after October 1, 2001, graduation from a master’s degree
   88  program shall be required for initial certification as a
   89  registered nurse anesthetist under paragraph (4)(a).
   90         (3) An advanced registered nurse practitioner shall perform
   91  those functions authorized in this section within the framework
   92  of an established protocol which must be maintained on site at
   93  the location or locations at which an advanced registered nurse
   94  practitioner practices. In the case of multiple supervising
   95  physicians in the same group, an advanced registered nurse
   96  practitioner must enter into a supervisory protocol with at
   97  least one physician within the physician group practice that is
   98  filed with the board upon biennial license renewal and within 30
   99  days after entering into a supervisory relationship with a
  100  physician or changes to the protocol. The board shall review the
  101  protocol to ensure compliance with applicable regulatory
  102  standards for protocols. The board shall refer to the department
  103  licensees submitting protocols that are not compliant with the
  104  regulatory standards for protocols. A practitioner currently
  105  licensed under chapter 458, chapter 459, or chapter 466 shall
  106  maintain supervision for directing the specific course of
  107  medical treatment. Within the established framework, an advanced
  108  registered nurse practitioner may:
  109         (a) Prescribe, dispense, administer, or order any drug;
  110  however, an advanced registered nurse practitioner may prescribe
  111  or dispense a controlled substance as defined in s. 893.03 only
  112  if the advanced registered nurse practitioner has graduated from
  113  a program leading to a master’s or doctoral degree in a clinical
  114  nursing specialty area with training in specialized practitioner
  115  skills.
  116         (b) Initiate appropriate therapies for certain conditions.
  117         (c) Perform additional functions as may be determined by
  118  rule in accordance with s. 464.003(2).
  119         (d) Order diagnostic tests and physical and occupational
  120  therapy.
  121         (e) Order any medication for administration to a patient in
  122  a facility licensed under chapter 395 or part II of chapter 400,
  123  notwithstanding any provisions in chapter 465 or chapter 893.
  124         Section 3. Effective December 31, 2018, or upon enactment
  125  of the Nurse Licensure Compact into law by 26 states, whichever
  126  occurs first, subsection (1) of section 464.012, Florida
  127  Statutes, as amended by section 8 of chapter 2016-139, section
  128  12 of chapter 2016-224, and section 7 of chapter 2016-231, Laws
  129  of Florida, is amended to read:
  130         464.012 Certification of advanced registered nurse
  131  practitioners; fees; controlled substance prescribing.—
  132         (1) Any nurse desiring to be certified as an advanced
  133  registered nurse practitioner shall apply to the department and
  134  submit proof that he or she holds a current license to practice
  135  professional nursing or holds an active multistate license to
  136  practice professional nursing pursuant to s. 464.0095 and that
  137  he or she meets one or more of the following requirements as
  138  determined by the board:
  139         (a) Satisfactory completion of a formal postbasic
  140  educational program of at least one academic year, the primary
  141  purpose of which is to prepare nurses for advanced or
  142  specialized practice.
  143         (a)(b) Certification by an appropriate specialty board.
  144  Such certification shall be required for initial state
  145  certification and any recertification as a registered nurse
  146  anesthetist, psychiatric nurse, or nurse midwife. The board may
  147  by rule provide for provisional state certification of graduate
  148  nurse anesthetists, psychiatric nurses, and nurse midwives for a
  149  period of time determined to be appropriate for preparing for
  150  and passing the national certification examination.
  151         (b)(c) Graduation from a program leading to a master’s
  152  degree in a nursing clinical specialty area with preparation in
  153  specialized practitioner skills. For applicants graduating on or
  154  after October 1, 1998, graduation from a master’s degree program
  155  shall be required for initial certification as a nurse
  156  practitioner under paragraph (4)(c). For applicants graduating
  157  on or after October 1, 2001, graduation from a master’s degree
  158  program shall be required for initial certification as a
  159  registered nurse anesthetist under paragraph (4)(a).
  160         Section 4. Paragraph (b) of subsection (2), subsection (5),
  161  subsection (8), paragraph (a) of subsection (9), and subsection
  162  (10) of section 464.019, Florida Statutes, are amended,
  163  paragraph (d) is added to subsection (7) of that section, and
  164  paragraph (e) is added to subsection (11) of that section, to
  165  read:
  166         464.019 Approval of nursing education programs.—
  167         (2) PROGRAM APPROVAL.—
  168         (b) Following the department’s receipt of a complete
  169  program application, the board may conduct an onsite evaluation
  170  if necessary to document the applicant’s compliance with
  171  subsection (1). Within 90 days after the department’s receipt of
  172  a complete program application, the board shall:
  173         1. Approve the application if it documents compliance with
  174  subsection (1); or
  175         2. Provide the educational institution with a notice of
  176  intent to deny the application if it does not document
  177  compliance with subsection (1). The notice must specify written
  178  reasons for the board’s denial of the application. The board may
  179  not deny a program application because of an educational
  180  institution’s failure to correct an error or omission that the
  181  department failed to provide notice of to the institution within
  182  the 30-day notice period under paragraph (a). The educational
  183  institution may request a hearing on the notice of intent to
  184  deny the program application pursuant to chapter 120.
  185         (5) ACCOUNTABILITY.—
  186         (a)1. An approved program must achieve a graduate passage
  187  rate for first-time test takers which who take the licensure
  188  examination within 6 months after graduation from the program
  189  that is not more than 10 percentage points lower than the
  190  average passage rate during the same calendar year for graduates
  191  of comparable degree programs who are United States educated,
  192  first-time test takers on the National Council of State Boards
  193  of Nursing Licensing Examination, as calculated by the contract
  194  testing service of the National Council of State Boards of
  195  Nursing. An approved program shall require a graduate from the
  196  program who does not take the licensure examination within 6
  197  months after graduation to enroll in and successfully complete a
  198  licensure examination preparatory course pursuant to s. 464.008.
  199  For purposes of this subparagraph, an approved program is
  200  comparable to all degree programs of the same program type from
  201  among the following program types:
  202         a. Professional nursing education programs that terminate
  203  in a bachelor’s degree.
  204         b. Professional nursing education programs that terminate
  205  in an associate degree.
  206         c. Professional nursing education programs that terminate
  207  in a diploma.
  208         d. Practical nursing education programs.
  209         2. Beginning with graduate passage rates for calendar year
  210  2010, if an approved program’s graduate passage rates do not
  211  equal or exceed the required passage rates for 2 consecutive
  212  calendar years, the board shall place the program on
  213  probationary status pursuant to chapter 120 and the program
  214  director shall appear before the board to present a plan for
  215  remediation, which shall include specific benchmarks to identify
  216  progress toward a graduate passage rate goal. The program must
  217  remain on probationary status until it achieves a graduate
  218  passage rate that equals or exceeds the required passage rate
  219  for any 1 calendar year. The board shall deny a program
  220  application for a new prelicensure nursing education program
  221  submitted by an educational institution if the institution has
  222  an existing program that is already on probationary status.
  223         3. Upon the program’s achievement of a graduate passage
  224  rate that equals or exceeds the required passage rate, the
  225  board, at its next regularly scheduled meeting following release
  226  of the program’s graduate passage rate by the National Council
  227  of State Boards of Nursing, shall remove the program’s
  228  probationary status. If the program, during the 2 calendar years
  229  following its placement on probationary status, does not achieve
  230  the required passage rate for any 1 calendar year, the board
  231  shall terminate the program pursuant to chapter 120. However,
  232  the board may extend the program’s probationary status for 1
  233  additional year, provided if the program has demonstrated
  234  demonstrates adequate progress toward the graduate passage rate
  235  goal by meeting a majority of the benchmarks established in the
  236  remediation plan. If the program is not granted the 1-year
  237  extension or fails to achieve the required passage rate by the
  238  end of such extension, the board shall terminate the program
  239  pursuant to chapter 120.
  240         (b) If an approved program fails to submit the annual
  241  report required in subsection (3), the board shall notify the
  242  program director and president or chief executive officer of the
  243  educational institution in writing within 15 days after the due
  244  date of the annual report. The program director shall appear
  245  before the board at the board’s next regularly scheduled meeting
  246  to explain the reason for the delay. The board shall terminate
  247  the program pursuant to chapter 120 if the program director
  248  fails to appear before the board, as required under this
  249  paragraph, or if the program it does not submit the annual
  250  report within 6 months after the due date.
  251         (c) A nursing education An approved program, whether
  252  accredited or nonaccredited, which has been placed on
  253  probationary status shall disclose its probationary status in
  254  writing to the program’s students and applicants. The
  255  notification must include an explanation of the implications of
  256  the program’s probationary status on the students or applicants.
  257         (d) If students from a program that is terminated pursuant
  258  to this subsection transfer to an approved or an accredited
  259  program under the direction of the Commission for Independent
  260  Education, the board shall recalculate the passage rates of the
  261  programs receiving the transferring students, excluding the test
  262  scores of those students transferring more than 12 credits.
  263         (7) PROGRAM CLOSURE.—
  264         (d) A program that is terminated or closed under this
  265  section may not seek program approval under its original name or
  266  a new program name for a minimum of 3 years after the date of
  267  termination or closing. An institutional name change or the
  268  creation of a new educational institution with the same
  269  ownership does not reduce the waiting period for reapplication.
  270         (8) RULEMAKING.—The board does not have rulemaking
  271  authority to administer this section, except that the board
  272  shall adopt rules that prescribe the format for submitting
  273  program applications under subsection (1) and annual reports
  274  under subsection (3), and to administer the documentation of the
  275  accreditation of nursing education programs under subsection
  276  (11). The board may adopt rules relating to the nursing
  277  curriculum, including rules relating to the uses and limitations
  278  of simulation technology. The board may not impose any condition
  279  or requirement on an educational institution submitting a
  280  program application, an approved program, or an accredited
  281  program, except as expressly provided in this section.
  282         (9) APPLICABILITY TO ACCREDITED PROGRAMS.—
  283         (a) Subsections (1)-(3), paragraph (4)(b), and paragraph
  284  (5)(b) subsection (5) do not apply to an accredited program.
  285         (10) IMPLEMENTATION STUDY.—The Florida Center for Nursing
  286  and the education policy area of the Office of Program Policy
  287  Analysis and Government Accountability shall study the
  288  administration of this section and submit reports to the
  289  Governor, the President of the Senate, and the Speaker of the
  290  House of Representatives annually by January 30, through January
  291  30, 2020. The annual reports shall address the previous academic
  292  year; provide data on the measures specified in paragraphs (a)
  293  and (b), as such data becomes available; and include an
  294  evaluation of such data for purposes of determining whether this
  295  section is increasing the availability of nursing education
  296  programs and the production of quality nurses. The department
  297  and each approved program or accredited program shall comply
  298  with requests for data from the Florida Center for Nursing and
  299  the education policy area of the Office of Program Policy
  300  Analysis and Government Accountability.
  301         (a) The Florida Center for Nursing education policy area of
  302  the Office of Program Policy Analysis and Government
  303  Accountability shall evaluate program-specific data for each
  304  approved program and accredited program conducted in the state,
  305  including, but not limited to:
  306         1. The number of programs and student slots available.
  307         2. The number of student applications submitted, the number
  308  of qualified applicants, and the number of students accepted.
  309         3. The number of program graduates.
  310         4. Program retention rates of students tracked from program
  311  entry to graduation.
  312         5. Graduate passage rates on the National Council of State
  313  Boards of Nursing Licensing Examination.
  314         6. The number of graduates who become employed as practical
  315  or professional nurses in the state.
  316         (b) The Florida Center for Nursing shall evaluate the
  317  board’s implementation of the:
  318         1. Program application approval process, including, but not
  319  limited to, the number of program applications submitted under
  320  subsection (1); the number of program applications approved and
  321  denied by the board under subsection (2); the number of denials
  322  of program applications reviewed under chapter 120; and a
  323  description of the outcomes of those reviews.
  324         2. Accountability processes, including, but not limited to,
  325  the number of programs on probationary status, the number of
  326  approved programs for which the program director is required to
  327  appear before the board under subsection (5), the number of
  328  approved programs terminated by the board, the number of
  329  terminations reviewed under chapter 120, and a description of
  330  the outcomes of those reviews.
  331         (c) The Florida Center for Nursing shall complete an annual
  332  assessment of compliance by programs with the accreditation
  333  requirements of subsection (11), include in the assessment a
  334  determination of the accreditation process status for each
  335  program, and submit the assessment as part of the reports
  336  required For any state fiscal year in which The Florida Center
  337  for Nursing does not receive legislative appropriations, the
  338  education policy area of the Office of Program Policy Analysis
  339  and Government Accountability shall perform the duties assigned
  340  by this subsection to the Florida Center for Nursing.
  341         (11) ACCREDITATION REQUIRED.—
  342         (e) A nursing education program that fails to meet the
  343  accreditation requirements shall be terminated and is ineligible
  344  for reapproval under its original name or a new program name for
  345  a minimum of 3 years after the date of termination. An
  346  institutional name change or the creation of a new educational
  347  institution with the same ownership does not reduce the waiting
  348  period for reapplication.
  349         Section 5. Section 465.1893, Florida Statutes, is created
  350  to read:
  351         465.1893Administration of antipsychotic medication by
  352  injection.—
  353         (1)(a)A pharmacist, at the direction of a physician
  354  licensed under chapter 458 or chapter 459, may administer a
  355  long-acting antipsychotic medication approved by the United
  356  States Food and Drug Administration by injection to a patient if
  357  the pharmacist:
  358         1.Is authorized by and acting within the framework of an
  359  established protocol with the prescribing physician.
  360         2.Practices at a facility that accommodates privacy for
  361  nondeltoid injections and conforms with state rules and
  362  regulations regarding the appropriate and safe disposal of
  363  medication and medical waste.
  364         3.Has completed the course required under subsection (2).
  365         (b)A separate prescription from a physician is required
  366  for each injection administered by a pharmacist under this
  367  subsection.
  368         (2)(a)A pharmacist seeking to administer a long-acting
  369  antipsychotic medication by injection must complete an 8-hour
  370  continuing education course offered by:
  371         1. A statewide professional association of physicians in
  372  this state accredited to provide educational activities
  373  designated for the American Medical Association Physician’s
  374  Recognition Award (AMA PRA) Category 1 Credit or the American
  375  Osteopathic Association (AOA) Category 1-A continuing medical
  376  education (CME) credit; and
  377         2. A statewide association of pharmacists.
  378         (b) The course may be offered in a distance learning format
  379  and must be included in the 30 hours of continuing professional
  380  pharmaceutical education required under s. 465.009(1). The
  381  course shall have a curriculum of instruction that concerns the
  382  safe and effective administration of behavioral health and
  383  antipsychotic medications by injection, including, but not
  384  limited to, potential allergic reactions to such medications.
  385         Section 6. Subsection (5) of section 468.80, Florida
  386  Statutes, is amended to read:
  387         468.80 Definitions.—As used in this part, the term:
  388         (5) “Mandatory courses” means continuing education courses
  389  that the board has defined by rule and required for license
  390  issuance or renewal. Notwithstanding s. 456.013(7), the board
  391  shall require completion of a 1-hour course relating to the
  392  prevention of medical errors as a part of the licensure issuance
  393  and biennial renewal process. The 1-hour medical errors course
  394  counts toward the total number of continuing education hours
  395  required. The course must be approved by the board, be developed
  396  specifically for the field of orthotics and prosthetics, and
  397  include a study of root-cause analysis, error reduction and
  398  prevention, patient safety, and medical records.
  399         Section 7. Paragraphs (b) and (c) of subsection (3) of
  400  section 486.102, Florida Statutes, are amended, and paragraph
  401  (d) is added to that subsection, to read:
  402         486.102 Physical therapist assistant; licensing
  403  requirements.—To be eligible for licensing by the board as a
  404  physical therapist assistant, an applicant must:
  405         (3)
  406         (b) Have been graduated from a school giving a course for
  407  physical therapist assistants in a foreign country and have
  408  educational credentials deemed equivalent to those required for
  409  the educational preparation of physical therapist assistants in
  410  this country, as recognized by the appropriate agency as
  411  identified by the board, and passed to the satisfaction of the
  412  board an examination to determine her or his fitness for
  413  practice as a physical therapist assistant as hereinafter
  414  provided; or
  415         (c) Be entitled to licensure without examination as
  416  provided in s. 486.107; or
  417         (d)Have been enrolled between July 1, 2014, and July 1,
  418  2016, in a physical therapist assistant school in this state
  419  which was accredited at the time of enrollment; and
  420         1.Have been graduated or be eligible to graduate from such
  421  school no later than July 1, 2018; and
  422         2.Have passed to the satisfaction of the board an
  423  examination to determine his or her fitness for practice as a
  424  physical therapist assistant as provided in s. 486.104.
  425         Section 8. Except as otherwise expressly provided in this
  426  act, this act shall take effect upon becoming a law.
  427  
  428  ================= T I T L E  A M E N D M E N T ================
  429  And the title is amended as follows:
  430         Delete everything before the enacting clause
  431  and insert:
  432                        A bill to be entitled                      
  433         An act relating to the regulation of health care
  434         practitioners; amending s. 458.348, F.S.; removing a
  435         provision that requires a joint committee to determine
  436         standards for the content of advanced registered nurse
  437         practitioner protocols; conforming a cross-reference;
  438         amending s. 464.012, F.S.; removing an obsolete
  439         qualification that is no longer sufficient to satisfy
  440         certain nursing certification requirements; requiring
  441         that an established protocol be maintained at certain
  442         locations; requiring an advanced registered nurse
  443         practitioner to enter into a supervisory protocol with
  444         a physician under certain circumstances; removing the
  445         requirement that the Board of Nursing review protocols
  446         and submit uncompliant protocols to the Department of
  447         Health; amending s. 464.019, F.S.; authorizing the
  448         board to conduct certain onsite evaluations; removing
  449         a limiting criterion from the requirement to measure
  450         graduate passage rates; removing a requirement that
  451         certain nursing program graduates complete a specific
  452         preparatory course; clarifying circumstances when
  453         programs in probationary status must be terminated;
  454         requiring that accredited and nonaccredited nursing
  455         education programs disclose probationary status;
  456         requiring notification of probationary status to
  457         include certain information; prohibiting a terminated
  458         or closed program from seeking program approval for a
  459         certain time; providing that a name change or the
  460         creation of a new educational institution does not
  461         reduce the waiting period for reapplication;
  462         authorizing the board to adopt certain rules; removing
  463         requirements that the Office of Program Policy
  464         Analysis and Government Accountability perform certain
  465         tasks; requiring the Florida Center for Nursing to
  466         evaluate program-specific data for each approved
  467         nursing program and make an annual assessment of
  468         compliance by nursing programs with certain
  469         accreditation requirements; requiring the center to
  470         include its assessment in a report to the Governor and
  471         the Legislature; requiring the termination of a
  472         program under certain circumstances; creating s.
  473         465.1893, F.S.; authorizing a pharmacist to administer
  474         specified medication by injection under certain
  475         circumstances; requiring a pharmacist who administers
  476         such injections to complete a specified course;
  477         providing requirements for the course;
  478         amending s. 468.80, F.S.; requiring completion of a
  479         specified course in orthotics and prosthetics for
  480         licensure and licensure renewal; providing course
  481         requirements; amending s. 486.102, F.S.; providing
  482         requirements for certain physical therapist assistant
  483         licensure applicants; providing effective dates.