Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 524 Ì788828^Î788828 LEGISLATIVE ACTION Senate . House Comm: FAV . 02/06/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Brandes) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (2) of section 381.0031, Florida 6 Statutes, is amended to read: 7 381.0031 Epidemiological research; report of diseases of 8 public health significance to department.— 9 (2) Any practitioner licensed in this state to practice 10 medicine, osteopathic medicine, chiropractic medicine, 11 naturopathy, or veterinary medicine; any licensed pharmacist 12 authorized pursuant to a protocol to order and evaluate 13 laboratory and clinical tests; any hospital licensed under part 14 I of chapter 395; or any laboratory licensed under chapter 483 15 that diagnoses or suspects the existence of a disease of public 16 health significance shall immediately report the fact to the 17 Department of Health. 18 Section 2. Subsection (13) of section 465.003, Florida 19 Statutes, is amended to read: 20 465.003 Definitions.—As used in this chapter, the term: 21 (13) “Practice of the profession of pharmacy” includes 22 compounding, dispensing, and consulting concerning contents, 23 therapeutic values, and uses of any medicinal drug; consulting 24 concerning therapeutic values and interactions of patent or 25 proprietary preparations, whether pursuant to prescriptions or 26 in the absence and entirely independent of such prescriptions or 27 orders; and other pharmaceutical services. For purposes of this 28 subsection, “other pharmaceutical services” means the monitoring 29 of the patient’s drug therapy and assisting the patient in the 30 management of his or her drug therapy, and includes review of 31 the patient’s drug therapy and communication with the patient’s 32 prescribing health care provider as licensed under chapter 458, 33 chapter 459, chapter 461, or chapter 466, or similar statutory 34 provision in another jurisdiction, or such provider’s agent or 35 such other persons as specifically authorized by the patient, 36 regarding the drug therapy. However,
nothing inthis subsection 37 may not be interpreted to permit an alteration of a prescriber’s 38 directions, the diagnosis or treatment of any disease, the 39 initiation of any drug therapy, the practice of medicine, or the 40 practice of osteopathic medicine, unless otherwise permitted by 41 law. The term “Practice of the profession of pharmacy”also 42 includes any other act, service, operation, research, or 43 transaction incidental to, or forming a part of, any of the 44 foregoing acts, requiring, involving, or employing the science 45 or art of any branch of the pharmaceutical profession, study, or 46 training, and shall expressly permit a pharmacist to transmit 47 information from persons authorized to prescribe medicinal drugs 48 to their patients. The term practice of the profession of49 pharmacyalso includes the administration of vaccines to adults 50 pursuant to s. 465.189 and testing for and treating influenza 51 pursuant to s. 465.1895. 52 Section 3. Section 465.1895, Florida Statutes, is created 53 to read: 54 465.1895 Testing for and treating influenza.— 55 (1) A pharmacist may test for and treat influenza within 56 the framework of an established written protocol under a 57 supervising physician who is licensed under chapter 458 or 58 chapter 459 if all of the following criteria are met: 59 (a) The pharmacist uses a test that the federal Centers for 60 Medicare and Medicaid Services have determined qualifies for a 61 certificate of waiver under the federal Clinical Laboratory 62 Improvement Amendments of 1988, and the federal rules adopted 63 thereunder. 64 (b) The pharmacist uses a test system that integrates with 65 certified electronic health record technology as defined in s. 66 408.051. 67 (c) The pharmacist submits test results to a health care 68 practitioner designated by the patient. 69 (d) The pharmacist reports a diagnosis or suspected 70 existence of a disease of public health significance to the 71 department as required under s. 381.0031. 72 (2) A pharmacist may only enter into a protocol under this 73 section if he or she maintains at least $200,000 of professional 74 liability insurance and has completed the training required by 75 this section. 76 (3) A pharmacist testing for and treating influenza shall 77 maintain and make available patient records using the same 78 standards for confidentiality and maintenance of such records as 79 those that are imposed on health care practitioners under s. 80 456.057. These records must be maintained for a minimum of 5 81 years. 82 (4) A supervising physician’s decision to enter into a 83 protocol under this section is a professional decision and a 84 person may not interfere with a supervising physician’s decision 85 to enter into such a protocol. A pharmacist may not perform a 86 protocol while acting as a pharmacy employee without the written 87 approval of the pharmacy owner. 88 (5) Any pharmacist seeking to test for and treat influenza 89 under this section must be certified to do so pursuant to a 90 certification program approved by the board in consultation with 91 the Board of Medicine and the Board of Osteopathic Medicine. The 92 certification program must, at a minimum, require that the 93 pharmacist attend at least 8 hours of continuing education 94 classes approved by the board. The program must have a 95 curriculum of instruction concerning, at a minimum, point-of 96 care testing for influenza and the safe and effective treatment 97 of influenza. 98 (6) The board may adopt rules establishing the requirements 99 for a protocol between a pharmacist and a supervising physician. 100 The protocol must be in writing and, at a minimum, must include 101 all of the following: 102 (a) Any terms and conditions imposed by the supervising 103 physician relating to testing for and treating influenza 104 pursuant to this section. The terms and conditions set forth in 105 the protocol must be appropriate to the pharmacist’s training. 106 (b) Specific categories of patients for whom the 107 supervising physician authorizes the pharmacist to test for and 108 treat influenza. 109 (c) The supervising physician’s instructions for the 110 treatment of influenza based on the patient’s age, symptoms, and 111 test results, including negative results. 112 (d) A process and schedule for the supervising physician to 113 review the pharmacist’s actions under the protocol. 114 (e) A process and schedule for the pharmacist to notify the 115 supervising physician of the patient’s condition, tests 116 administered, test results, and course of treatment. 117 (7) Pharmacists who have been delegated the authority to 118 test for and treat influenza by a supervising physician shall 119 provide the supervising physician with evidence of current 120 certification by the board. A supervising physician shall review 121 the pharmacist’s actions pursuant to the protocol in effect, and 122 this review shall take place as outlined in the protocol. 123 (8) The pharmacist shall submit to the board a copy of his 124 or her protocol to test for and treat influenza. 125 Section 4. This act shall take effect upon becoming a law. 126 127 ================= T I T L E A M E N D M E N T ================ 128 And the title is amended as follows: 129 Delete everything before the enacting clause 130 and insert: 131 A bill to be entitled 132 An act relating to the testing for and treatment of 133 influenza; amending s. 381.0031, F.S.; requiring 134 certain licensed pharmacists to report certain 135 information to the Department of Health; amending s. 136 465.003, F.S.; expanding the definition of the term 137 “practice of the profession of pharmacy” to include 138 testing for and treating influenza; creating s. 139 465.1895, F.S.; authorizing a pharmacist to test for 140 and treat influenza within the framework of an 141 established written protocol under a supervising 142 physician if certain requirements are met; requiring a 143 pharmacist testing for and treating influenza to 144 maintain patient records using certain standards and 145 for a specified time; prohibiting a person from 146 interfering with a supervising physician’s decision to 147 enter into a protocol; prohibiting a pharmacist from 148 performing a protocol while acting as a pharmacy 149 employee without the written approval of the pharmacy 150 owner; requiring a pharmacist seeking to test for and 151 treat influenza to be certified by a certification 152 program approved by the Board of Pharmacy in 153 consultation with the Board of Medicine and the Board 154 of Osteopathic Medicine; providing criteria for 155 certification programs; authorizing the Board of 156 Pharmacy to adopt rules establishing the requirements 157 for a protocol; requiring that the protocol be in 158 writing and contain certain information, terms, and 159 conditions; requiring that pharmacists authorized to 160 test for and treat influenza provide their supervising 161 physician with evidence of current certification by 162 the board; requiring a supervising physician to review 163 the pharmacist’s actions; requiring a pharmacist to 164 submit his or her protocol to the board; providing an 165 effective date.