HB 509

1	A bill to be entitled
2	An act relating to pharmacy; amending s. 465.189,
3	F.S.; revising the types of vaccines that pharmacists
4	may administer; authorizing pharmacy interns to
5	administer certain vaccines under certain
6	circumstances; authorizing pharmacists and pharmacy
7	interns to administer an epinephrine autoinjection
8	under certain circumstances; revising protocol
9	requirements for vaccine administration and the duties
10	of supervising physicians under such protocols;
11	revising requirements for training programs,
12	certifications, and patient records related to vaccine
13	administration; amending s. 465.003, F.S.; conforming
14	terminology; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Section 465.189, Florida Statutes, is amended
19	to read:
20	465.189  Administration of vaccines and epinephrine
21	autoinjection influenza virus immunizations.-
22	(1)  A pharmacist, and a certified pharmacy intern working
23	under the pharmacist's supervision, Pharmacists may administer
24	the following influenza virus immunizations to adults within the
25	framework of an established protocol under a supervising
26	supervisory practitioner who is a physician licensed under
27	chapter 458 or chapter 459:
28	(a)  Influenza vaccine to an adult 18 years of age or
29	older.
30	(b)  Varicella zoster vaccine to an adult 60 years of age
31	or older.
32	(c)  Pneumococcal vaccine to an adult 65 years of age or
33	older.
34	(d)  Epinephrine using an autoinjector delivery system to
35	an adult 18 years of age or older who is suffering an
36	anaphylactic reaction.
37
38	The Each protocol must shall contain specific procedures for
39	addressing any unforeseen adverse allergic reaction to the
40	vaccine or epinephrine autoinjection influenza virus
41	immunizations.
42	(2)  A pharmacist may not enter into a protocol unless he
43	or she maintains at least $200,000 of professional liability
44	insurance and has completed training on administration of the
45	vaccines and epinephrine autoinjection in influenza virus
46	immunizations as provided in this section.
47	(3)  A pharmacist, or his or her intern, who administers a
48	vaccine or epinephrine autoinjection must administering
49	influenza virus immunizations shall maintain and make available
50	patient records using the same standards for confidentiality and
51	maintenance of such records as those that are imposed on health
52	care practitioners under s. 456.057. These records must shall be
53	maintained for a minimum of 5 years.
54	(4)  The decision by a supervising physician supervisory
55	practitioner to enter into a protocol under this section is a
56	professional decision on the part of the physician practitioner,
57	and a person may not interfere with a supervising physician's
58	supervisory practitioner's decision to enter as to entering into
59	such a protocol. A pharmacist or his or her intern may not enter
60	into a protocol that is to be performed while acting as an
61	employee without the written approval of the owner of the
62	pharmacy. Pharmacists shall forward immunization records to the
63	department for inclusion in the state registry of immunization
64	information.
65	(5)  Any pharmacist or pharmacy intern seeking to
66	administer a vaccine or epinephrine autoinjection influenza
67	virus immunizations to adults under this section must be
68	certified to administer the vaccine or epinephrine autoinjection
69	influenza virus immunizations pursuant to a certification
70	program approved by the Board of Pharmacy in consultation with
71	the Board of Medicine and the Board of Osteopathic Medicine. The
72	certification program shall, at a minimum, require that the
73	pharmacist or pharmacy intern attend at least 20 hours of
74	continuing education classes approved by the board. The program
75	shall have a curriculum of instruction concerning the safe and
76	effective administration of the vaccines and epinephrine
77	autoinjection listed in subsection (1) influenza virus
78	immunizations, including, but not limited to, potential adverse
79	allergic reactions to the vaccines or epinephrine autoinjection
80	influenza virus immunizations.
81	(6)  The written protocol between the pharmacist and
82	supervising physician must include particular terms and
83	conditions imposed by the supervising physician upon the
84	pharmacist relating to the administration of a vaccine or
85	epinephrine autoinjection influenza virus immunizations by the
86	pharmacist or his or her intern. The written protocol must shall
87	include, at a minimum, specific categories and conditions among
88	patients for whom the supervising physician authorizes the
89	pharmacist or pharmacy intern to administer a vaccine or
90	epinephrine autoinjection influenza virus immunizations. The
91	terms, scope, and conditions set forth in the written protocol
92	between the pharmacist and the supervising physician must be
93	appropriate to the pharmacist's or pharmacy intern's training
94	and certification for the vaccine or epinephrine autoinjection
95	immunization. A pharmacist or his or her intern Pharmacists who
96	is have been delegated the authority to administer a vaccine or
97	epinephrine autoinjection influenza virus immunizations by the
98	supervising physician must shall provide evidence of current
99	certification by the Board of Pharmacy to the supervising
100	physician. A supervising physician must physicians shall review
101	the administration of the vaccine or epinephrine autoinjection
102	influenza virus immunizations by the pharmacist or his or her
103	intern pharmacists under such physician's supervision pursuant
104	to the written protocol, and this review shall take place as
105	outlined in the written protocol. The process and schedule for
106	the review shall be outlined in the written protocol between the
107	pharmacist and the supervising physician.
108	(7)  The pharmacist shall submit to the Board of Pharmacy a
109	copy of his or her protocol or written agreement to administer
110	the vaccine or epinephrine autoinjection influenza virus
111	immunizations.
112	Section 2.  Subsection (13) of section 465.003, Florida
113	Statutes, is amended to read:
114	465.003  Definitions.-As used in this chapter, the term:
115	(13)  "Practice of the profession of pharmacy" includes
116	compounding, dispensing, and consulting concerning contents,
117	therapeutic values, and uses of any medicinal drug; consulting
118	concerning therapeutic values and interactions of patent or
119	proprietary preparations, whether pursuant to prescriptions or
120	in the absence and entirely independent of such prescriptions or
121	orders; and other pharmaceutical services. For purposes of this
122	subsection, "other pharmaceutical services" means the monitoring
123	of the patient's drug therapy and assisting the patient in the
124	management of his or her drug therapy, and includes review of
125	the patient's drug therapy and communication with the patient's
126	prescribing health care provider as licensed under chapter 458,
127	chapter 459, chapter 461, or chapter 466, or similar statutory
128	provision in another jurisdiction, or such provider's agent or
129	such other persons as specifically authorized by the patient,
130	regarding the drug therapy. However, nothing in this subsection
131	does not may be interpreted to permit an alteration of a
132	prescriber's directions, the diagnosis or treatment of any
133	disease, the initiation of any drug therapy, the practice of
134	medicine, or the practice of osteopathic medicine, unless
135	otherwise permitted by law. The term "practice of the profession
136	of pharmacy" also includes any other act, service, operation,
137	research, or transaction incidental to, or forming a part of,
138	any of the foregoing acts, requiring, involving, or employing
139	the science or art of any branch of the pharmaceutical
140	profession, study, or training, and shall expressly permit a
141	pharmacist to transmit information from persons authorized to
142	prescribe medicinal drugs to their patients. The term practice
143	of the profession of pharmacy also includes the administration
144	of certain vaccines and epinephrine autoinjection influenza
145	virus immunizations to adults pursuant to s. 465.189.
146	Section 3.  This act shall take effect July 1, 2012.

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