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) 2 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. 58 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.