Florida Senate - 2018 SB 524 By Senator Brandes 24-00564-18 2018524__ 1 A bill to be entitled 2 An act relating to the influenza virus and 3 streptococcal infections; amending s. 465.003, F.S.; 4 expanding the definition of the term “practice of the 5 profession of pharmacy” to include testing for and 6 treating the influenza virus and streptococcal 7 infections; creating s. 465.1895, F.S.; authorizing 8 pharmacists to test for and treat the influenza virus 9 and streptococcal infections within the framework of 10 an established written protocol under a supervising 11 physician under certain conditions; requiring a 12 pharmacist testing for and treating the influenza 13 virus and streptococcal infections to maintain patient 14 records using certain standards and for a specified 15 time; prohibiting a person from interfering with a 16 supervising physician’s decision to enter into a 17 protocol; prohibiting a pharmacist from performing a 18 protocol while acting as a pharmacy employee without 19 the written approval of the pharmacy owner; requiring 20 a pharmacist seeking to test for and treat the 21 influenza virus and streptococcal infections to obtain 22 certification through a certification program approved 23 by the Board of Pharmacy in consultation with the 24 Board of Medicine and the Board of Osteopathic 25 Medicine; providing criteria for certification 26 programs; authorizing the Board of Pharmacy to adopt 27 rules establishing the requirements for a protocol; 28 requiring that the protocol be in writing and contain 29 certain information, terms, and conditions; requiring 30 that pharmacists authorized to test for and treat the 31 influenza virus and streptococcal infections provide 32 their supervising physician with evidence of current 33 certification by the board; requiring a supervising 34 physician to review the pharmacist’s actions; 35 requiring a pharmacist to submit his or her protocol 36 to the board; providing an effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Subsection (13) of section 465.003, Florida 41 Statutes, is amended to read: 42 465.003 Definitions.—As used in this chapter, the term: 43 (13) “Practice of the profession of pharmacy” includes 44 compounding, dispensing, and consulting concerning contents, 45 therapeutic values, and uses of any medicinal drug; consulting 46 concerning therapeutic values and interactions of patent or 47 proprietary preparations, whether pursuant to prescriptions or 48 in the absence and entirely independent of such prescriptions or 49 orders; and other pharmaceutical services. For purposes of this 50 subsection, “other pharmaceutical services” means the monitoring 51 of the patient’s drug therapy and assisting the patient in the 52 management of his or her drug therapy, and includes review of 53 the patient’s drug therapy and communication with the patient’s 54 prescribing health care provider as licensed under chapter 458, 55 chapter 459, chapter 461, or chapter 466, or similar statutory 56 provision in another jurisdiction, or such provider’s agent or 57 such other persons as specifically authorized by the patient, 58 regarding the drug therapy. However,
nothing inthis subsection 59 may not be interpreted to permit an alteration of a prescriber’s 60 directions, the diagnosis or treatment of any disease, the 61 initiation of any drug therapy, the practice of medicine, or the 62 practice of osteopathic medicine, unless otherwise permitted by 63 law. The term “Practice of the profession of pharmacy”also 64 includes any other act, service, operation, research, or 65 transaction incidental to, or forming a part of, any of the 66 foregoing acts, requiring, involving, or employing the science 67 or art of any branch of the pharmaceutical profession, study, or 68 training, and shall expressly permit a pharmacist to transmit 69 information from persons authorized to prescribe medicinal drugs 70 to their patients. The practice of the profession of pharmacy 71 also includes the administration of vaccines to adults pursuant 72 to s. 465.189 and testing for and treating the influenza virus 73 and streptococcal infections pursuant to s. 465.1895. 74 Section 2. Section 465.1895, Florida Statutes, is created 75 to read: 76 465.1895 Testing for and treating influenza and 77 streptococcal infections.— 78 (1) A pharmacist may test for and treat the influenza virus 79 and streptococcal infections within the framework of an 80 established written protocol under a supervising physician who 81 is licensed under chapter 458 or chapter 459. 82 (2) A pharmacist may only enter into a protocol under this 83 section if he or she maintains at least $200,000 of professional 84 liability insurance and has completed the training required by 85 this section. 86 (3) A pharmacist testing for and treating the influenza 87 virus and streptococcal infections shall maintain and make 88 available patient records using the same standards for 89 confidentiality and maintenance of such records as required 90 pursuant to s. 456.057. These records must be maintained for a 91 minimum of 5 years. 92 (4) A supervising physician’s decision to enter into a 93 protocol under this section is a professional decision and a 94 person may not interfere with a supervising physician’s decision 95 to enter into such a protocol. A pharmacist may not perform a 96 protocol while acting as a pharmacy employee without the written 97 approval of the pharmacy owner. 98 (5) Any pharmacist seeking to test for and treat the 99 influenza virus and streptococcal infections under this section 100 must be certified to do so pursuant to a certification program 101 approved by the board in consultation with the Board of Medicine 102 and the Board of Osteopathic Medicine. The certification program 103 must, at a minimum, require that the pharmacist attend at least 104 8 hours of continuing education classes approved by the board. 105 The program must have a curriculum of instruction concerning, at 106 a minimum, point-of-care testing for the influenza virus and 107 streptococcal infections and the safe and effective treatment of 108 the influenza virus and streptococcal infections. 109 (6) The board may adopt rules establishing the requirements 110 for a protocol between a pharmacist and supervising physician. 111 The protocol must be in writing and, at a minimum, must include 112 all of the following: 113 (a) Any terms and conditions imposed by the supervising 114 physician relating to testing for and treating the influenza 115 virus and streptococcal infections pursuant to this section. The 116 terms and conditions set forth in the protocol must be 117 appropriate to the pharmacist’s training. 118 (b) Specific categories of patients for whom the 119 supervising physician authorizes the pharmacist to test for and 120 treat the influenza virus and streptococcal infections. 121 (c) The supervising physician’s instructions for the 122 treatment of the influenza virus and streptococcal infections 123 based on the patient’s age, symptoms, and test results, 124 including negative results. 125 (d) A process and schedule for the supervising physician to 126 review the pharmacist’s actions under the protocol. 127 (e) A process and schedule for the pharmacist to notify the 128 supervising physician of the patient’s condition, tests 129 administered, test results, and course of treatment. 130 (7) Pharmacists who have been delegated the authority to 131 test for and treat the influenza virus and streptococcal 132 infections by a supervising physician shall provide the 133 supervising physician with evidence of current certification by 134 the board. A supervising physician shall review the pharmacist’s 135 actions pursuant to the protocol in effect, and this review 136 shall take place as outlined in the protocol. 137 (8) The pharmacist shall submit to the board a copy of his 138 or her protocol to test for and treat the influenza virus and 139 streptococcal infections. 140 Section 3. This act shall take effect July 1, 2018.