CS/HB 1007

1	A bill to be entitled
2	An act relating to physician assistants; amending ss.
3	458.347 and 459.022, F.S.; requiring that a prescription
4	be filled in a pharmacy unless it is a drug dispensed by a
5	physician assistant; providing that authority to dispense
6	may be delegated only by supervisory physicians registered
7	as dispensing practitioners; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Paragraph (e) of subsection (4) of section
12	458.347, Florida Statutes, is amended to read:
13	458.347  Physician assistants.--
14	(4)  PERFORMANCE OF PHYSICIAN ASSISTANTS.--
15	(e)  A supervisory physician may delegate to a fully
16	licensed physician assistant the authority to prescribe or
17	dispense any medication used in the supervisory physician's
18	practice unless such medication is listed on the formulary
19	created pursuant to paragraph (f). A fully licensed physician
20	assistant may only prescribe or dispense such medication under
21	the following circumstances:
22	1.  A physician assistant must clearly identify to the
23	patient that he or she is a physician assistant. Furthermore,
24	the physician assistant must inform the patient that the patient
25	has the right to see the physician prior to any prescription
26	being prescribed or dispensed by the physician assistant.
27	2.  The supervisory physician must notify the department of
28	his or her intent to delegate, on a department-approved form,
29	before delegating such authority and notify the department of
30	any change in prescriptive privileges of the physician
31	assistant. Authority to dispense may be delegated only by a
32	supervising physician who is registered as a dispensing
33	practitioner in compliance with s. 465.0276.
34	3.  The physician assistant must file with the department,
35	before commencing to prescribe or dispense, evidence that he or
36	she has completed a continuing medical education course of at
37	least 3 classroom hours in prescriptive practice, conducted by
38	an accredited program approved by the boards, which course
39	covers the limitations, responsibilities, and privileges
40	involved in prescribing medicinal drugs, or evidence that he or
41	she has received education comparable to the continuing
42	education course as part of an accredited physician assistant
43	training program.
44	4.  The physician assistant must file with the department,
45	before commencing to prescribe or dispense, evidence that the
46	physician assistant has a minimum of 3 months of clinical
47	experience in the specialty area of the supervising physician.
48	5.  The physician assistant must file with the department a
49	signed affidavit that he or she has completed a minimum of 10
50	continuing medical education hours in the specialty practice in
51	which the physician assistant has prescriptive privileges with
52	each licensure renewal application.
53	6.  The department shall issue a license and a prescriber
54	number to the physician assistant granting authority for the
55	prescribing of medicinal drugs authorized within this paragraph
56	upon completion of the foregoing requirements. The physician
57	assistant shall not be required to independently register
58	pursuant to s. 465.0276.
59	7.  The prescription must be written in a form that
60	complies with chapter 499 and must contain, in addition to the
61	supervisory physician's name, address, and telephone number, the
62	physician assistant's prescriber number. Unless it is a drug or
63	drug sample dispensed by the physician assistant, the
64	prescription must be filled in a pharmacy permitted under
65	chapter 465 and must be dispensed in that pharmacy by a
66	pharmacist licensed under chapter 465. The appearance of the
67	prescriber number creates a presumption that the physician
68	assistant is authorized to prescribe the medicinal drug and the
69	prescription is valid.
70	8.  The physician assistant must note the prescription or
71	dispensing of medication in the appropriate medical record, and
72	the supervisory physician must review and sign each notation.
73	For dispensing purposes only, the failure of the supervisory
74	physician to comply with these requirements does not affect the
75	validity of the prescription.
76	9.  This paragraph does not prohibit a supervisory
77	physician from delegating to a physician assistant the authority
78	to order medication for a hospitalized patient of the
79	supervisory physician.
80
81	This paragraph does not apply to facilities licensed pursuant to
82	chapter 395.
83	Section 2.  Paragraph (e) of subsection (4) of section
84	459.022, Florida Statutes, is amended to read:
85	459.022  Physician assistants.--
86	(4)  PERFORMANCE OF PHYSICIAN ASSISTANTS.--
87	(e)  A supervisory physician may delegate to a fully
88	licensed physician assistant the authority to prescribe or
89	dispense any medication used in the supervisory physician's
90	practice unless such medication is listed on the formulary
91	created pursuant to s. 458.347. A fully licensed physician
92	assistant may only prescribe or dispense such medication under
93	the following circumstances:
94	1.  A physician assistant must clearly identify to the
95	patient that she or he is a physician assistant. Furthermore,
96	the physician assistant must inform the patient that the patient
97	has the right to see the physician prior to any prescription
98	being prescribed or dispensed by the physician assistant.
99	2.  The supervisory physician must notify the department of
100	her or his intent to delegate, on a department-approved form,
101	before delegating such authority and notify the department of
102	any change in prescriptive privileges of the physician
103	assistant. Authority to dispense may be delegated only by a
104	supervisory physician who is registered as a dispensing
105	practitioner in compliance with s. 465.0276.
106	3.  The physician assistant must file with the department,
107	before commencing to prescribe or dispense, evidence that she or
108	he has completed a continuing medical education course of at
109	least 3 classroom hours in prescriptive practice, conducted by
110	an accredited program approved by the boards, which course
111	covers the limitations, responsibilities, and privileges
112	involved in prescribing medicinal drugs, or evidence that she or
113	he has received education comparable to the continuing education
114	course as part of an accredited physician assistant training
115	program.
116	4.  The physician assistant must file with the department,
117	before commencing to prescribe or dispense, evidence that the
118	physician assistant has a minimum of 3 months of clinical
119	experience in the specialty area of the supervising physician.
120	5.  The physician assistant must file with the department a
121	signed affidavit that she or he has completed a minimum of 10
122	continuing medical education hours in the specialty practice in
123	which the physician assistant has prescriptive privileges with
124	each licensure renewal application.
125	6.  The department shall issue a license and a prescriber
126	number to the physician assistant granting authority for the
127	prescribing of medicinal drugs authorized within this paragraph
128	upon completion of the foregoing requirements. The physician
129	assistant shall not be required to independently register
130	pursuant to s. 465.0276.
131	7.  The prescription must be written in a form that
132	complies with chapter 499 and must contain, in addition to the
133	supervisory physician's name, address, and telephone number, the
134	physician assistant's prescriber number. Unless it is a drug or
135	drug sample dispensed by the physician assistant, the
136	prescription must be filled in a pharmacy permitted under
137	chapter 465, and must be dispensed in that pharmacy by a
138	pharmacist licensed under chapter 465. The appearance of the
139	prescriber number creates a presumption that the physician
140	assistant is authorized to prescribe the medicinal drug and the
141	prescription is valid.
142	8.  The physician assistant must note the prescription or
143	dispensing of medication in the appropriate medical record, and
144	the supervisory physician must review and sign each notation.
145	For dispensing purposes only, the failure of the supervisory
146	physician to comply with these requirements does not affect the
147	validity of the prescription.
148	9.  This paragraph does not prohibit a supervisory
149	physician from delegating to a physician assistant the authority
150	to order medication for a hospitalized patient of the
151	supervisory physician.
152
153	This paragraph does not apply to facilities licensed pursuant to
154	chapter 395.
155	Section 3.  This act shall take effect July 1, 2007.

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