Senate Bill sb2716c1
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Florida Senate - 2004 CS for SB 2716
By the Committee on Health, Aging, and Long-Term Care; and
Senator Bennett
317-2417-04
1 A bill to be entitled
2 An act relating to pharmacy practice; amending
3 s. 465.003, F.S.; redefining the term "practice
4 of the profession of pharmacy" to include the
5 administering of influenza virus immunizations
6 to adults by a pharmacist within an established
7 protocol and under a supervisory practitioner
8 who is a licensed physician or by written
9 agreement with a county health department;
10 providing requirements for the protocol;
11 requiring professional liability insurance,
12 training and certification in immunization, and
13 employer approval prior to entering into a
14 protocol; providing requirements for the
15 certification program; providing an effective
16 date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Subsection (13) of section 465.003, Florida
21 Statutes, is amended to read:
22 465.003 Definitions.--As used in this chapter, the
23 term:
24 (13) "Practice of the profession of pharmacy" includes
25 compounding, dispensing, and consulting concerning contents,
26 therapeutic values, and uses of any medicinal drug; consulting
27 concerning therapeutic values and interactions of patent or
28 proprietary preparations, whether pursuant to prescriptions or
29 in the absence and entirely independent of such prescriptions
30 or orders; and other pharmaceutical services. For purposes of
31 this subsection, "other pharmaceutical services" means the
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 2716
317-2417-04
1 monitoring of the patient's drug therapy and assisting the
2 patient in the management of his or her drug therapy, and
3 includes review of the patient's drug therapy and
4 communication with the patient's prescribing health care
5 provider as licensed under chapter 458, chapter 459, chapter
6 461, or chapter 466, or similar statutory provision in another
7 jurisdiction, or such provider's agent or such other persons
8 as specifically authorized by the patient, regarding the drug
9 therapy. However, nothing in this subsection may be
10 interpreted to permit an alteration of a prescriber's
11 directions, the diagnosis or treatment of any disease, the
12 initiation of any drug therapy, the practice of medicine, or
13 the practice of osteopathic medicine, unless otherwise
14 permitted by law. "Practice of the profession of pharmacy"
15 also includes any other act, service, operation, research, or
16 transaction incidental to, or forming a part of, any of the
17 foregoing acts, requiring, involving, or employing the science
18 or art of any branch of the pharmaceutical profession, study,
19 or training, and shall expressly permit a pharmacist to
20 transmit information from persons authorized to prescribe
21 medicinal drugs to their patients. "Practice of the profession
22 of pharmacy" also includes the administering to adults of
23 influenza virus immunizations by a pharmacist within the
24 framework of an established protocol under a supervisory
25 practitioner who is a physician licensed under chapter 458 or
26 chapter 459 or by written agreement with a county health
27 department. Each protocol must contain specific procedures to
28 address any unforeseen allergic reaction to an immunization. A
29 pharmacist may not enter into a protocol unless he or she
30 maintains at least $200,000 of professional liability
31 insurance and not until the pharmacist has completed training
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 2716
317-2417-04
1 in immunizations as provided in this subsection. The decision
2 by a supervisory practitioner to enter into such a protocol is
3 a professional decision of the practitioner, and a person may
4 not interfere with a supervisory practitioner's decision as to
5 whether to enter into such a protocol. A pharmacist may not
6 enter into a protocol that is to be performed while acting as
7 an employee without the written approval of the owner of the
8 pharmacy. Any pharmacist seeking to immunize patients under
9 this subsection must be certified to administer immunizations
10 pursuant to a certification program approved by the Board of
11 Pharmacy upon consultation with the Board of Medicine. The
12 certification program must, at a minimum, require that a
13 pharmacist attend at least 20 hours of continuing education
14 classes approved by the Board of Pharmacy. The program must
15 have a curriculum of instruction concerning the safe and
16 effective administration of immunizations, including, but not
17 limited to, potential allergic reactions to immunizations.
18 Section 2. This act shall take effect July 1, 2004.
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20 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
21 Senate Bill 2716
22
23 The committee substitute limits the immunizations that a
pharmacist may administer to influenza virus immunizations to
24 adults, within an established protocol. The bill revises the
training requirements for a pharmacist to administer influenza
25 virus immunizations to adults. The Board of Pharmacy in
consultation with the Board of Medicine is authorized to
26 approve a certification program for pharmacists to immunize
patients, which must require at least 20 hours of continuing
27 education.
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