CS/HB 543

1	A bill to be entitled
2	An act relating to immunization services; creating s.
3	288.9416, F.S.; providing legislative findings and intent;
4	creating the Commission on the Study of Biotechnology
5	Competitiveness within the Office of Tourism, Trade, and
6	Economic Development; providing for staff support by the
7	Office of Tourism, Trade, and Economic Development;
8	providing for the appointment of members; requiring the
9	commission to conduct a study; providing requirements for
10	the study; requiring the commission to submit a report to
11	the Governor, the President of the Senate, and the Speaker
12	of the House of Representatives; amending s. 465.003,
13	F.S.; revising a definition; creating s. 465.189, F.S.;
14	authorizing pharmacists to administer influenza virus
15	immunizations to adults; providing requirements with
16	respect thereto; authorizing the State Surgeon General to
17	develop a list of additional immunizations that may be
18	administered by pharmacists; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Section 288.9416, Florida Statutes, is created
23	to read:
24	288.9416  Commission on the Study of Biotechnology
25	Competitiveness; creation; organization.--
26	(1)  The Legislature finds that an estimated twenty
27	diseases can be cured through immunizations and that
28	immunizations, when provided early in a child's life and as
29	scheduled during adolescence and adulthood, provide a strong
30	foundation of disease prevention and overall health. The
31	Legislature further finds that every dollar spent on
32	immunizations saves an average of $10 in future disease-related
33	health care costs. The Legislature recognizes that immunization
34	education and disease awareness programs lead to improved
35	vaccine usage and better health outcomes. The Legislature
36	further acknowledges that rapid immunization distribution is an
37	important factor in managing the containment of disease under
38	normal circumstances and is of vital importance during mass
39	outbreaks of diseases or natural disasters. The Legislature
40	recognizes that the threat of bioterrorism, pandemic influenza,
41	or some other disaster of widespread proportion exists in our
42	world today and that vaccines and health care services are
43	essential combatants against these threats.
44	(2)  The Legislature recognizes that both the manufacturing
45	and the distribution of immunizations are enhanced by siting
46	vaccine manufacturing corporations in the state. Additionally,
47	the Legislature acknowledges that the state's efforts through
48	existing biotechnology research funded through the various
49	research programs in the state, including the James and Esther
50	King Biomedical Research Program, the William G. "Bill"
51	Bankhead, Jr., and David Coley Cancer Research Program, the
52	Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute,
53	the Scripps Florida Funding Corporation, and high-impact
54	performance grants that are targeted toward developing and
55	expanding the biotechnology industry in the state result in the
56	expansion of the state's biotechnology research capacity and
57	create biotechnology manufacturing and distribution jobs in the
58	state. The Legislature finds that the current and future
59	collaboration among the state's university researchers and
60	private and public research entities creates a robust
61	opportunity to encourage biotechnology research, manufacturing,
62	and distribution of vaccines.
63	(3)  It is the intent of the Legislature that the state
64	strive to become the nation's leader in immunizations and commit
65	itself to encouraging companies to relocate to this state to
66	help achieve this goal. Moreover, it is the intent of the
67	Legislature to expand the state's economy by attracting
68	biotechnology manufacturing companies to the state.
69	(4)  There is created within the Office of Tourism, Trade,
70	and Economic Development the Commission on the Study of
71	Biotechnology Competitiveness. The office shall provide support
72	for the study using internal staff or through a contracted
73	consultant.
74	(a)  The commission shall consist of 17 members appointed
75	as follows:
76	1.  The Governor shall appoint seven members: one member
77	from the Office of Tourism, Trade, and Economic Development; the
78	State Surgeon General, or his or her designee; one member from
79	the Department of Education with expertise in workforce
80	education; one member from the Agency for Workforce Innovation
81	with expertise in workforce readiness; one member from the
82	Florida Research Consortium with training and experience in
83	technology transfer; one member representing the Medical Device
84	Manufacturers Association; and one member from Enterprise
85	Florida, Inc.
86	2.  The Speaker of the House of Representatives shall
87	appoint five members: one member representing the Scripps
88	Research Institute; one member representing BioFlorida; one
89	member representing the state's water management districts; one
90	member representing a local economic development authority; and
91	one member representing the Board of Governors.
92	3.  The President of the Senate shall appoint five members:
93	one member representing the Torrey Pines Institute for Molecular
94	Studies; one member representing the Burnham Institute for
95	Medical Research; one member representing an established
96	biotechnology company that has sited a manufacturing or
97	distribution facility outside the state in the last 12 months;
98	one member who is a site selection consultant who has worked
99	with biotechnology companies in the siting of manufacturing and
100	distribution facilities in other states; and one member
101	representing the Florida Public Health Foundation, Inc.
102	(b)  In making appointments to the commission, the
103	Governor, the President of the Senate, and the Speaker of the
104	House of Representatives shall select members who reflect the
105	diversity of the state's population. One member shall be
106	designated by the Governor as chair of the commission.
107	(c)  The appointments shall be for 3-year terms, and a
108	member may not serve more than two consecutive terms.
109	(5)  Members of the commission shall meet at least annually
110	and shall serve without compensation, but may receive
111	reimbursement as provided in s. 112.061 for travel and other
112	necessary expenses incurred in the performance of their official
113	duties.
114	(6)  The commission shall study economic policies necessary
115	to ensure that the state is competitive with other states to
116	attract and retain a biotechnology manufacturing and
117	distribution workforce. The study shall include, but not be
118	limited to, the review and analysis of:
119	(a)  The state's corporate taxation system and its impact
120	on attracting biotechnology manufacturing and distribution
121	facilities to the state. This review shall include, but not be
122	limited to, implementing a single sales factor formula to
123	apportion the corporate income of biotechnology businesses for
124	tax purposes;
125	(b)  The state's water policies and their impact on water
126	needs of the biotechnology manufacturing process;
127	(c)  The state's education and workforce training programs
128	and citizens' preparedness for employment in the biotechnology
129	manufacturing and distribution fields;
130	(d)  The state's Medicaid, state employee health plan, and
131	private health insurance policies and regulations and the extent
132	to which they provide support for products generated by
133	biotechnology companies; and
134	(e)  Other states' initiatives that have had success in
135	attracting and retaining biotechnology manufacturing and
136	distribution facilities and this state's readiness to compete
137	with other states.
138	(7)  The study required under this section shall provide
139	recommendations concerning maximizing federal revenues to the
140	state.
141	(8)  The study required under this section shall provide
142	recommendations concerning how the state's existing policies and
143	programs can be modified to ensure the state's competitiveness
144	when evaluated by companies making sighting decisions related to
145	biotechnology manufacturing and distribution facilities.
146	(9)  The commission shall report the findings of the study
147	required under this section to the Governor, the President of
148	the Senate, and the Speaker of the House of Representatives by
149	January 1, 2009.
150	Section 2.  Subsection (13) of section 465.003, Florida
151	Statutes, is amended to read:
152	465.003  Definitions.--As used in this chapter, the term:
153	(13)  "Practice of the profession of pharmacy" includes
154	compounding, dispensing, and consulting concerning contents,
155	therapeutic values, and uses of any medicinal drug; consulting
156	concerning therapeutic values and interactions of patent or
157	proprietary preparations, whether pursuant to prescriptions or
158	in the absence and entirely independent of such prescriptions or
159	orders; and other pharmaceutical services. For purposes of this
160	subsection, "other pharmaceutical services" means the monitoring
161	of the patient's drug therapy and assisting the patient in the
162	management of his or her drug therapy, and includes review of
163	the patient's drug therapy and communication with the patient's
164	prescribing health care provider as licensed under chapter 458,
165	chapter 459, chapter 461, or chapter 466, or similar statutory
166	provision in another jurisdiction, or such provider's agent or
167	such other persons as specifically authorized by the patient,
168	regarding the drug therapy. However, nothing in this subsection
169	may be interpreted to permit an alteration of a prescriber's
170	directions, the diagnosis or treatment of any disease, the
171	initiation of any drug therapy, the practice of medicine, or the
172	practice of osteopathic medicine, unless otherwise permitted by
173	law. "Practice of the profession of pharmacy" also includes any
174	other act, service, operation, research, or transaction
175	incidental to, or forming a part of, any of the foregoing acts,
176	requiring, involving, or employing the science or art of any
177	branch of the pharmaceutical profession, study, or training, and
178	shall expressly permit a pharmacist to transmit information from
179	persons authorized to prescribe medicinal drugs to their
180	patients. "Practice of the profession of pharmacy" also includes
181	the administration to adults of influenza virus immunizations
182	under s. 465.189.
183	Section 3.  Section 465.189, Florida Statutes, is created
184	to read:
185	465.189  Administration of influenza virus immunizations.--
186	(1)  Pharmacists may administer influenza virus
187	immunizations to adults within the framework of an established
188	protocol under a supervisory practitioner who is a physician
189	licensed under chapter 458 or chapter 459 or by written
190	agreement with a county health department. Each protocol shall
191	contain specific procedures for addressing any unforeseen
192	allergic reaction to influenza virus immunizations.
193	(2)  A pharmacist may not enter into a protocol unless he
194	or she maintains at least $200,000 of professional liability
195	insurance and until he or she has completed training in
196	influenza virus immunizations as provided in this section.
197	(3)  A pharmacist administering influenza virus
198	immunizations shall maintain and make available patient records
199	using the same standards for confidentiality and maintenance of
200	such records as those that are imposed on health care
201	practitioners under s. 456.057. These records shall be
202	maintained for a minimum of 5 years.
203	(4)  The decision by a supervisory practitioner to enter
204	into a protocol under this section is a professional decision of
205	the practitioner, and a person may not interfere with a
206	supervisory practitioner's decision as to whether to enter into
207	such a protocol. A pharmacist may not enter into a protocol that
208	is to be performed while acting as an employee without the
209	written approval of the owner of the pharmacy. Pharmacists shall
210	forward immunization records to the Department of Health for
211	inclusion in the state registry of immunization information.
212	(5)  Any pharmacist seeking to administer influenza virus
213	immunizations to patients under this section shall be certified
214	to administer influenza virus immunizations pursuant to a
215	certification program approved by the Board of Pharmacy. The
216	certification program shall, at a minimum, require that a
217	pharmacist attend at least 20 hours of continuing education
218	classes approved by the board. The program shall have a
219	curriculum of instruction concerning the safe and effective
220	administration of influenza virus immunizations, including, but
221	not limited to, potential allergic reactions to influenza virus
222	immunizations.
223	(6)  The pharmacist shall submit to the Board of Pharmacy a
224	copy of the protocol or written agreement to administer
225	influenza virus immunizations.
226	(7)  The State Surgeon General may develop a list of
227	additional immunizations that may be administered by
228	pharmacists.
229	Section 4.  This act shall take effect July 1, 2007.

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