HOUSE AMENDMENT
                                         Bill No. SB 782, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Farkas and Baxley offered the following:
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13         Amendment to Amendment (600753) (with title amendment) 
14         On page 45, between lines 18 and 19, of the amendment
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16  insert:  
17         Section 21.  Paragraphs (e) and (f) of subsection (4)
18  of section 458.347, Florida Statutes, are amended to read:
19         458.347  Physician assistants.--
20         (4)  PERFORMANCE OF PHYSICIAN ASSISTANTS.--
21         (e)  A supervisory physician may delegate to a fully
22  licensed physician assistant the authority to prescribe any
23  medication used in the supervisory physician's practice unless
24  if such medication is listed on the formulary created pursuant
25  to paragraph (f).  A fully licensed physician assistant may
26  only prescribe such medication under the following
27  circumstances:
28         1.  A physician assistant must clearly identify to the
29  patient that he or she is a physician assistant.  Furthermore,
30  the physician assistant must inform the patient that the
31  patient has the right to see the physician prior to any
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    File original & 9 copies    05/02/01                          
    hbd0007                     09:46 am         00782-0052-263423

HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. ___ (for drafter's use only) 1 prescription being prescribed by the physician assistant. 2 2. The supervisory physician must notify the 3 department of his or her intent to delegate, on a 4 department-approved form, before delegating such authority and 5 notify the department of any change in prescriptive privileges 6 of the physician assistant. 7 3. The physician assistant must file with the 8 department, before commencing to prescribe, evidence that he 9 or she has completed a continuing medical education course of 10 at least 3 classroom hours in prescriptive practice, conducted 11 by an accredited program approved by the boards, which course 12 covers the limitations, responsibilities, and privileges 13 involved in prescribing medicinal drugs, or evidence that he 14 or she has received education comparable to the continuing 15 education course as part of an accredited physician assistant 16 training program. 17 4. The physician assistant must file with the 18 department, before commencing to prescribe, evidence that the 19 physician assistant has a minimum of 3 months of clinical 20 experience in the specialty area of the supervising physician. 21 5. The physician assistant must file with the 22 department a signed affidavit that he or she has completed a 23 minimum of 10 continuing medical education hours in the 24 specialty practice in which the physician assistant has 25 prescriptive privileges with each licensure renewal 26 application. 27 6. The department shall issue a license and a 28 prescriber number to the physician assistant granting 29 authority for the prescribing of medicinal drugs authorized 30 within this paragraph upon completion of the foregoing 31 requirements. 2 File original & 9 copies 05/02/01 hbd0007 09:46 am 00782-0052-263423
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. ___ (for drafter's use only) 1 7. The prescription must be written in a form that 2 complies with chapter 499 and must contain, in addition to the 3 supervisory physician's name, address, and telephone number, 4 the physician assistant's prescriber number. Unless it is a 5 drug sample dispensed by the physician assistant, the 6 prescription must be filled in a pharmacy permitted under 7 chapter 465 and must be dispensed in that pharmacy by a 8 pharmacist licensed under chapter 465. The appearance of the 9 prescriber number creates a presumption that the physician 10 assistant is authorized to prescribe the medicinal drug and 11 the prescription is valid. 12 8. The physician assistant must note the prescription 13 in the appropriate medical record, and the supervisory 14 physician must review and sign each notation. For dispensing 15 purposes only, the failure of the supervisory physician to 16 comply with these requirements does not affect the validity of 17 the prescription. 18 9. This paragraph does not prohibit a supervisory 19 physician from delegating to a physician assistant the 20 authority to order medication for a hospitalized patient of 21 the supervisory physician. 22 23 This paragraph does not apply to facilities licensed pursuant 24 to chapter 395. 25 (f)1. There is created a five-member committee 26 appointed by the Secretary of Health. The committee must be 27 composed of one fully licensed physician assistant licensed 28 pursuant to this section or s. 459.022, two physicians 29 licensed pursuant to this chapter, one of whom supervises a 30 fully licensed physician assistant, one osteopathic physician 31 licensed pursuant to chapter 459, and one pharmacist licensed 3 File original & 9 copies 05/02/01 hbd0007 09:46 am 00782-0052-263423
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. ___ (for drafter's use only) 1 pursuant to chapter 465 who is not licensed pursuant to this 2 chapter or chapter 459. The council committee shall establish 3 a formulary of medicinal drugs that for which a fully licensed 4 physician assistant, licensed under this section or s. 5 459.022, may not prescribe. The formulary must may not include 6 controlled substances as defined in chapter 893, 7 antineoplastics, antipsychotics, radiopharmaceuticals, general 8 anesthetics and or radiographic contrast materials, and all or 9 any parenteral preparations except insulin and epinephrine. 10 2. In establishing the formulary, the council shall 11 consult with a pharmacist licensed under chapter 465, but not 12 licensed under this chapter or chapter 459, who shall be 13 selected by the Secretary of Health. 14 3.2. Only the council committee shall add to, delete 15 from, or modify the formulary. Any person who requests an 16 addition, deletion, or modification of a medicinal drug listed 17 on such formulary has the burden of proof to show cause why 18 such addition, deletion, or modification should be made. 19 4.3. The boards shall adopt the formulary required by 20 this paragraph, and each addition, deletion, or modification 21 to the formulary, by rule. Notwithstanding any provision of 22 chapter 120 to the contrary, the formulary rule shall be 23 effective 60 days after the date it is filed with the 24 Secretary of State. Upon adoption of the formulary, the 25 department shall mail a copy of such formulary to each fully 26 licensed physician assistant, licensed under this section or 27 s. 459.022, and to each pharmacy licensed by the state. The 28 boards shall establish, by rule, a fee not to exceed $200 to 29 fund the provisions of this paragraph and paragraph (e). 30 Section 22. Subsection (4) and paragraph (c) of 31 subsection (9) of section 459.022, Florida Statutes, are 4 File original & 9 copies 05/02/01 hbd0007 09:46 am 00782-0052-263423
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. ___ (for drafter's use only) 1 amended to read: 2 459.022 Physician assistants.-- 3 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.-- 4 (a) The boards shall adopt, by rule, the general 5 principles that supervising physicians must use in developing 6 the scope of practice of a physician assistant under direct 7 supervision and under indirect supervision. These principles 8 shall recognize the diversity of both specialty and practice 9 settings in which physician assistants are used. 10 (b) This chapter does not prevent third-party payors 11 from reimbursing employers of physician assistants for covered 12 services rendered by licensed physician assistants. 13 (c) Licensed physician assistants may not be denied 14 clinical hospital privileges, except for cause, so long as the 15 supervising physician is a staff member in good standing. 16 (d) A supervisory physician may delegate to a licensed 17 physician assistant, pursuant to a written protocol, the 18 authority to act according to s. 154.04(1)(c). Such delegated 19 authority is limited to the supervising physician's practice 20 in connection with a county health department as defined and 21 established pursuant to chapter 154. The boards shall adopt 22 rules governing the supervision of physician assistants by 23 physicians in county health departments. 24 (e) A supervisory physician may delegate to a fully 25 licensed physician assistant the authority to prescribe any 26 medication used in the supervisory physician's practice unless 27 if such medication is listed on the formulary created pursuant 28 to s. 458.347. A fully licensed physician assistant may only 29 prescribe such medication under the following circumstances: 30 1. A physician assistant must clearly identify to the 31 patient that she or he is a physician assistant. Furthermore, 5 File original & 9 copies 05/02/01 hbd0007 09:46 am 00782-0052-263423
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the physician assistant must inform the patient that the 2 patient has the right to see the physician prior to any 3 prescription being prescribed by the physician assistant. 4 2. The supervisory physician must notify the 5 department of her or his intent to delegate, on a 6 department-approved form, before delegating such authority and 7 notify the department of any change in prescriptive privileges 8 of the physician assistant. 9 3. The physician assistant must file with the 10 department, before commencing to prescribe, evidence that she 11 or he has completed a continuing medical education course of 12 at least 3 classroom hours in prescriptive practice, conducted 13 by an accredited program approved by the boards, which course 14 covers the limitations, responsibilities, and privileges 15 involved in prescribing medicinal drugs, or evidence that she 16 or he has received education comparable to the continuing 17 education course as part of an accredited physician assistant 18 training program. 19 4. The physician assistant must file with the 20 department, before commencing to prescribe, evidence that the 21 physician assistant has a minimum of 3 months of clinical 22 experience in the specialty area of the supervising physician. 23 5. The physician assistant must file with the 24 department a signed affidavit that she or he has completed a 25 minimum of 10 continuing medical education hours in the 26 specialty practice in which the physician assistant has 27 prescriptive privileges with each licensure renewal 28 application. 29 6. The department shall issue a license and a 30 prescriber number to the physician assistant granting 31 authority for the prescribing of medicinal drugs authorized 6 File original & 9 copies 05/02/01 hbd0007 09:46 am 00782-0052-263423
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. ___ (for drafter's use only) 1 within this paragraph upon completion of the foregoing 2 requirements. 3 7. The prescription must be written in a form that 4 complies with chapter 499 and must contain, in addition to the 5 supervisory physician's name, address, and telephone number, 6 the physician assistant's prescriber number. Unless it is a 7 drug sample dispensed by the physician assistant, the 8 prescription must be filled in a pharmacy permitted under 9 chapter 465, and must be dispensed in that pharmacy by a 10 pharmacist licensed under chapter 465. The appearance of the 11 prescriber number creates a presumption that the physician 12 assistant is authorized to prescribe the medicinal drug and 13 the prescription is valid. 14 8. The physician assistant must note the prescription 15 in the appropriate medical record, and the supervisory 16 physician must review and sign each notation. For dispensing 17 purposes only, the failure of the supervisory physician to 18 comply with these requirements does not affect the validity of 19 the prescription. 20 9. This paragraph does not prohibit a supervisory 21 physician from delegating to a physician assistant the 22 authority to order medication for a hospitalized patient of 23 the supervisory physician. 24 25 This paragraph does not apply to facilities licensed pursuant 26 to chapter 395. 27 (f)1. There is created a five-member committee 28 appointed by the Secretary of Health. The committee must be 29 composed of one fully licensed physician assistant licensed 30 pursuant to this section or s. 458.347, two physicians 31 licensed pursuant to chapter 458, one of whom supervises a 7 File original & 9 copies 05/02/01 hbd0007 09:46 am 00782-0052-263423
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. ___ (for drafter's use only) 1 fully licensed physician assistant, one osteopathic physician 2 licensed pursuant to this chapter, and one pharmacist licensed 3 pursuant to chapter 465 who is not licensed pursuant to this 4 chapter or chapter 458. The committee shall establish a 5 formulary of medicinal drugs for which a fully licensed 6 physician assistant may prescribe. The formulary may not 7 include controlled substances as defined in chapter 893, 8 antineoplastics, antipsychotics, radiopharmaceuticals, general 9 anesthetics or radiographic contrast materials, or any 10 parenteral preparations except insulin and epinephrine. 11 2. Only the committee shall add to, delete from, or 12 modify the formulary. Any person who requests an addition, 13 deletion, or modification of a medicinal drug listed on such 14 formulary has the burden of proof to show cause why such 15 addition, deletion, or modification should be made. 16 3. The boards shall adopt the formulary required by 17 this paragraph, and each addition, deletion, or modification 18 to the formulary, by rule. Notwithstanding any provision of 19 chapter 120 to the contrary, the formulary rule shall be 20 effective 60 days after the date it is filed with the 21 Secretary of State. Upon adoption of the formulary, the 22 department shall mail a copy of such formulary to each fully 23 licensed physician assistant and to each pharmacy licensed by 24 the state. The boards shall establish, by rule, a fee not to 25 exceed $200 to fund the provisions of this paragraph and 26 paragraph (e). 27 (9) COUNCIL ON PHYSICIAN ASSISTANTS.--The Council on 28 Physician Assistants is created within the department. 29 (c) The council shall: 30 1. Recommend to the department the licensure of 31 physician assistants. 8 File original & 9 copies 05/02/01 hbd0007 09:46 am 00782-0052-263423
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. ___ (for drafter's use only) 1 2. Develop all rules regulating the use of physician 2 assistants by physicians under chapter 458 and this chapter, 3 except for rules relating to the formulary developed under s. 4 458.347(4)(f). The council shall also develop rules to ensure 5 that the continuity of supervision is maintained in each 6 practice setting. The boards shall consider adopting a 7 proposed rule developed by the council at the regularly 8 scheduled meeting immediately following the submission of the 9 proposed rule by the council. A proposed rule submitted by 10 the council may not be adopted by either board unless both 11 boards have accepted and approved the identical language 12 contained in the proposed rule. The language of all proposed 13 rules submitted by the council must be approved by both boards 14 pursuant to each respective board's guidelines and standards 15 regarding the adoption of proposed rules. If either board 16 rejects the council's proposed rule, that board must specify 17 its objection to the council with particularity and include 18 any recommendations it may have for the modification of the 19 proposed rule. 20 3. Make recommendations to the boards regarding all 21 matters relating to physician assistants. 22 4. Address concerns and problems of practicing 23 physician assistants in order to improve safety in the 24 clinical practices of licensed physician assistants. 25 26 27 ================ T I T L E A M E N D M E N T =============== 28 And the title is amended as follows: 29 On page 132, line 7, of the amendment 30 31 after the semicolon insert: 9 File original & 9 copies 05/02/01 hbd0007 09:46 am 00782-0052-263423
HOUSE AMENDMENT Bill No. SB 782, 1st Eng. Amendment No. ___ (for drafter's use only) 1 amending ss. 458.347 and 459.022, F.S.; 2 allowing authorized physician assistants to 3 prescribe any medication not listed on a 4 formulary established by the Council on 5 Physician Assistants; allowing authorized 6 physician assistants to dispense drug samples 7 pursuant to proper prescription; eliminating 8 the formulary committee and revising provisions 9 relating to creation and amendment of the 10 formulary, to conform; 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10 File original & 9 copies 05/02/01 hbd0007 09:46 am 00782-0052-263423