Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS/CS/SB 1824, 1st Eng.
                                Barcode 625908                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 2/AD/3R         .                                
             05/03/2011 10:37 AM       .                                

       Senator Hays moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 935 and 936
    4  insert:
    5         Section 33. Paragraph (t) of subsection (2) of section
    6  499.01, Florida Statutes, is amended to read:
    7         499.01 Permits.—
    8         (2) The following permits are established:
    9         (t) Health care clinic establishment permit.—Effective
   10  January 1, 2009, a health care clinic establishment permit is
   11  required for the purchase of a prescription drug by a place of
   12  business at one general physical location that provides health
   13  care or veterinary services, which is owned and operated by a
   14  business entity that has been issued a federal employer tax
   15  identification number. For the purpose of this paragraph, the
   16  term “qualifying practitioner” means a licensed health care
   17  practitioner defined in s. 456.001, or a veterinarian licensed
   18  under chapter 474, who is authorized under the appropriate
   19  practice act to prescribe and administer a prescription drug.
   20         1. An establishment must provide, as part of the
   21  application required under s. 499.012, designation of a
   22  qualifying practitioner who will be responsible for complying
   23  with all legal and regulatory requirements related to the
   24  purchase, recordkeeping, storage, and handling of the
   25  prescription drugs. In addition, the designated qualifying
   26  practitioner shall be the practitioner whose name, establishment
   27  address, and license number is used on all distribution
   28  documents for prescription drugs purchased or returned by the
   29  health care clinic establishment. Upon initial appointment of a
   30  qualifying practitioner, the qualifying practitioner and the
   31  health care clinic establishment shall notify the department on
   32  a form furnished by the department within 10 days after such
   33  employment. In addition, the qualifying practitioner and health
   34  care clinic establishment shall notify the department within 10
   35  days after any subsequent change.
   36         2. The health care clinic establishment must employ a
   37  qualifying practitioner at each establishment.
   38         3. In addition to the remedies and penalties provided in
   39  this part, a violation of this chapter by the health care clinic
   40  establishment or qualifying practitioner constitutes grounds for
   41  discipline of the qualifying practitioner by the appropriate
   42  regulatory board.
   43         4. The purchase of prescription drugs by the health care
   44  clinic establishment is prohibited during any period of time
   45  when the establishment does not comply with this paragraph.
   46         5. A health care clinic establishment permit is not a
   47  pharmacy permit or otherwise subject to chapter 465. A health
   48  care clinic establishment that meets the criteria of a modified
   49  Class II institutional pharmacy under s. 465.019 is not eligible
   50  to be permitted under this paragraph.
   51  6. This paragraph does not apply to the purchase of a
   52  prescription drug by a licensed practitioner under his or her
   53  license. A professional corporation or limited liability company
   54  composed of dentists and operating as authorized in s. 466.0285
   55  may pay for prescription drugs obtained by a practitioner
   56  licensed under chapter 466, and the licensed practitioner is
   57  deemed the purchaser and owner of the prescription drugs.
   59  ================= T I T L E  A M E N D M E N T ================
   60         And the title is amended as follows:
   61         Delete line 111
   62  and insert:
   63         ingredients; amending s. 499.01, F.S.; authorizing
   64         certain business entities to pay for prescription
   65         drugs obtained by practitioners licensed under ch.
   66         466, F.S.; providing effective dates.