HB 1557

1	A bill to be entitled
2	An act relating to pharmacy practice; amending s. 465.003,
3	F.S.; revising the term "practice of the profession of
4	pharmacy" to include the administering of influenza virus
5	immunizations to adults by a pharmacist within an
6	established protocol under a supervisory practitioner who
7	is a licensed physician or pursuant to a written agreement
8	between the pharmacist and a county health department;
9	providing requirements for the protocol; requiring
10	professional liability insurance, training and
11	certification in immunization, and employer approval prior
12	to entering into a protocol; providing requirements for
13	the certification program; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Subsection (13) of section 465.003, Florida
18	Statutes, is amended to read:
19	465.003  Definitions.--As used in this chapter, the term:
20	(13)  "Practice of the profession of pharmacy" includes
21	compounding, dispensing, and consulting concerning contents,
22	therapeutic values, and uses of any medicinal drug; consulting
23	concerning therapeutic values and interactions of patent or
24	proprietary preparations, whether pursuant to prescriptions or
25	in the absence and entirely independent of such prescriptions or
26	orders; and other pharmaceutical services. For purposes of this
27	subsection, "other pharmaceutical services" means the monitoring
28	of the patient's drug therapy and assisting the patient in the
29	management of his or her drug therapy, and includes review of
30	the patient's drug therapy and communication with the patient's
31	prescribing health care provider as licensed under chapter 458,
32	chapter 459, chapter 461, or chapter 466, or similar statutory
33	provision in another jurisdiction, or such provider's agent or
34	such other persons as specifically authorized by the patient,
35	regarding the drug therapy. However, nothing in this subsection
36	may be interpreted to permit an alteration of a prescriber's
37	directions, the diagnosis or treatment of any disease, the
38	initiation of any drug therapy, the practice of medicine, or the
39	practice of osteopathic medicine, unless otherwise permitted by
40	law. "Practice of the profession of pharmacy" also includes any
41	other act, service, operation, research, or transaction
42	incidental to, or forming a part of, any of the foregoing acts,
43	requiring, involving, or employing the science or art of any
44	branch of the pharmaceutical profession, study, or training, and
45	shall expressly permit a pharmacist to transmit information from
46	persons authorized to prescribe medicinal drugs to their
47	patients. "Practice of the profession of pharmacy" also includes
48	the administering to adults of influenza virus immunizations by
49	a pharmacist within the framework of an established protocol
50	under a supervisory practitioner who is a physician licensed
51	under chapter 458 or chapter 459 or pursuant to a written
52	agreement between the pharmacist and a county health department.
53	Each protocol must contain specific procedures to address any
54	unforeseen allergic reaction to an immunization. A pharmacist
55	may not enter into a protocol unless he or she maintains at
56	least $200,000 of professional liability insurance and not until
57	the pharmacist has completed training in immunizations as
58	provided in this subsection. The decision by a supervisory
59	practitioner to enter into such a protocol is a professional
60	decision of the practitioner, and a person may not interfere
61	with a supervisory practitioner's decision as to whether to
62	enter into such a protocol. A pharmacist may not enter into a
63	protocol that is to be performed while acting as an employee
64	without the written approval of the owner of the pharmacy. Any
65	pharmacist seeking to immunize patients under this subsection
66	must be certified to administer immunizations pursuant to a
67	certification program approved by the Board of Pharmacy upon
68	consultation with the Board of Medicine. The certification
69	program must, at a minimum, require that a pharmacist attend at
70	least 20 hours of continuing education classes approved by the
71	Board of Pharmacy. The program must have a curriculum of
72	instruction concerning the safe and effective administration of
73	immunizations, including, but not limited to, potential allergic
74	reactions to immunizations.
75	Section 2.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.