Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 774
       
       
       
       
       
       
                                Barcode 875222                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/09/2012 11:33 PM       .                                
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       Senator Hays moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (e) and (f) of subsection (4) and
    6  paragraph (a) of subsection (7) of section 458.347, Florida
    7  Statutes, are amended to read:
    8         458.347 Physician assistants.—
    9         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
   10         (e) A supervisory physician may delegate to a fully
   11  licensed physician assistant the authority to prescribe or
   12  dispense any medication used in the supervisory physician’s
   13  practice unless such medication is listed on the formulary
   14  created pursuant to paragraph (f). A fully licensed physician
   15  assistant may only prescribe or dispense such medication under
   16  the following circumstances:
   17         1. A physician assistant must clearly identify to the
   18  patient that he or she is a physician assistant. Furthermore,
   19  the physician assistant must inform the patient that the patient
   20  has the right to see the physician prior to any prescription
   21  being prescribed or dispensed by the physician assistant.
   22         2. The supervisory physician must notify the department of
   23  his or her intent to delegate, on a department-approved form,
   24  before delegating such authority and notify the department of
   25  any change in prescriptive privileges of the physician
   26  assistant. Authority to dispense may be delegated only by a
   27  supervising physician who is registered as a dispensing
   28  practitioner in compliance with s. 465.0276.
   29         3. The physician assistant must file with the department,
   30  before commencing to prescribe or dispense, evidence that he or
   31  she has completed a continuing medical education course of at
   32  least 3 classroom hours in prescriptive practice, conducted by
   33  an accredited program approved by the boards, which course
   34  covers the limitations, responsibilities, and privileges
   35  involved in prescribing medicinal drugs, or evidence that he or
   36  she has received education comparable to the continuing
   37  education course as part of an accredited physician assistant
   38  training program.
   39         3.4. The physician assistant must file with the department
   40  a signed affidavit that he or she has completed a minimum of 10
   41  continuing medical education hours in the specialty practice in
   42  which the physician assistant has prescriptive privileges with
   43  each licensure renewal application.
   44         4.5. The department may shall issue a license and a
   45  prescriber number to the physician assistant granting authority
   46  for the prescribing of medicinal drugs authorized within this
   47  paragraph upon completion of the foregoing requirements. The
   48  physician assistant shall not be required to independently
   49  register pursuant to s. 465.0276.
   50         5.6. The prescription must be written in a form that
   51  complies with chapter 499 and must contain, in addition to the
   52  supervisory physician’s name, address, and telephone number, the
   53  physician assistant’s prescriber number. Unless it is a drug or
   54  drug sample dispensed by the physician assistant, the
   55  prescription must be filled in a pharmacy permitted under
   56  chapter 465 and must be dispensed in that pharmacy by a
   57  pharmacist licensed under chapter 465. The appearance of the
   58  prescriber number creates a presumption that the physician
   59  assistant is authorized to prescribe the medicinal drug and the
   60  prescription is valid.
   61         6.7. The physician assistant must note the prescription or
   62  dispensing of medication in the appropriate medical record.
   63         7.8. This paragraph does not prohibit a supervisory
   64  physician from delegating to a physician assistant the authority
   65  to order medication for a hospitalized patient of the
   66  supervisory physician.
   67  
   68  This paragraph does not apply to facilities licensed pursuant to
   69  chapter 395.
   70         (f)1. The council shall establish a formulary of medicinal
   71  drugs that a fully licensed physician assistant having
   72  prescribing authority, licensed under this section or s.
   73  459.022, may not prescribe. The formulary must include
   74  controlled substances as defined in chapter 893, general
   75  anesthetics, and radiographic contrast materials.
   76         2. In establishing the formulary, the council shall consult
   77  with a pharmacist licensed under chapter 465, but not licensed
   78  under this chapter or chapter 459, who shall be selected by the
   79  State Surgeon General.
   80         3. Only the council shall add to, delete from, or modify
   81  the formulary. Any person who requests an addition, deletion, or
   82  modification of a medicinal drug listed on such formulary has
   83  the burden of proof to show cause why such addition, deletion,
   84  or modification should be made.
   85         4. The boards shall adopt the formulary required by this
   86  paragraph, and each addition, deletion, or modification to the
   87  formulary, by rule. Notwithstanding any provision of chapter 120
   88  to the contrary, the formulary rule shall be effective 60 days
   89  after the date it is filed with the Secretary of State. Upon
   90  adoption of the formulary, the department shall mail a copy of
   91  such formulary to each fully licensed physician assistant having
   92  prescribing authority, licensed under this section or s.
   93  459.022, and to each pharmacy licensed by the state. The boards
   94  shall establish, by rule, a fee not to exceed $200 to fund the
   95  provisions of this paragraph and paragraph (e).
   96         (7) PHYSICIAN ASSISTANT LICENSURE.—
   97         (a) Any person desiring to be licensed as a physician
   98  assistant must apply to the department. The department shall
   99  issue a license to any person certified by the council as having
  100  met the following requirements:
  101         1. Is at least 18 years of age.
  102         2. Has satisfactorily passed a proficiency examination by
  103  an acceptable score established by the National Commission on
  104  Certification of Physician Assistants. If an applicant does not
  105  hold a current certificate issued by the National Commission on
  106  Certification of Physician Assistants and has not actively
  107  practiced as a physician assistant within the immediately
  108  preceding 4 years, the applicant must retake and successfully
  109  complete the entry-level examination of the National Commission
  110  on Certification of Physician Assistants to be eligible for
  111  licensure.
  112         3. Has completed the application form and remitted an
  113  application fee not to exceed $300 as set by the boards. An
  114  application for licensure made by a physician assistant must
  115  include:
  116         a. A certificate of completion of a physician assistant
  117  training program specified in subsection (6).
  118         b. A sworn statement of any prior felony convictions.
  119         c. A sworn statement of any previous revocation or denial
  120  of licensure or certification in any state.
  121         d. Two letters of recommendation.
  122         e. A copy of course transcripts and a copy of the course
  123  description from a physician assistant training program
  124  describing course content in pharmacotherapy, if the applicant
  125  wishes to apply for prescribing authority. These documents must
  126  meet the evidence requirements for prescribing authority.
  127         Section 2. Paragraph (e) of subsection (4) and paragraph
  128  (a) of subsection (7) of section 459.022, Florida Statutes, are
  129  amended to read:
  130         459.022 Physician assistants.—
  131         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  132         (e) A supervisory physician may delegate to a fully
  133  licensed physician assistant the authority to prescribe or
  134  dispense any medication used in the supervisory physician’s
  135  practice unless such medication is listed on the formulary
  136  created pursuant to s. 458.347. A fully licensed physician
  137  assistant may only prescribe or dispense such medication under
  138  the following circumstances:
  139         1. A physician assistant must clearly identify to the
  140  patient that she or he is a physician assistant. Furthermore,
  141  the physician assistant must inform the patient that the patient
  142  has the right to see the physician prior to any prescription
  143  being prescribed or dispensed by the physician assistant.
  144         2. The supervisory physician must notify the department of
  145  her or his intent to delegate, on a department-approved form,
  146  before delegating such authority and notify the department of
  147  any change in prescriptive privileges of the physician
  148  assistant. Authority to dispense may be delegated only by a
  149  supervisory physician who is registered as a dispensing
  150  practitioner in compliance with s. 465.0276.
  151         3. The physician assistant must file with the department,
  152  before commencing to prescribe or dispense, evidence that she or
  153  he has completed a continuing medical education course of at
  154  least 3 classroom hours in prescriptive practice, conducted by
  155  an accredited program approved by the boards, which course
  156  covers the limitations, responsibilities, and privileges
  157  involved in prescribing medicinal drugs, or evidence that she or
  158  he has received education comparable to the continuing education
  159  course as part of an accredited physician assistant training
  160  program.
  161         3.4. The physician assistant must file with the department
  162  a signed affidavit that she or he has completed a minimum of 10
  163  continuing medical education hours in the specialty practice in
  164  which the physician assistant has prescriptive privileges with
  165  each licensure renewal application.
  166         4.5. The department may shall issue a license and a
  167  prescriber number to the physician assistant granting authority
  168  for the prescribing of medicinal drugs authorized within this
  169  paragraph upon completion of the foregoing requirements. The
  170  physician assistant shall not be required to independently
  171  register pursuant to s. 465.0276.
  172         5.6. The prescription must be written in a form that
  173  complies with chapter 499 and must contain, in addition to the
  174  supervisory physician’s name, address, and telephone number, the
  175  physician assistant’s prescriber number. Unless it is a drug or
  176  drug sample dispensed by the physician assistant, the
  177  prescription must be filled in a pharmacy permitted under
  178  chapter 465, and must be dispensed in that pharmacy by a
  179  pharmacist licensed under chapter 465. The appearance of the
  180  prescriber number creates a presumption that the physician
  181  assistant is authorized to prescribe the medicinal drug and the
  182  prescription is valid.
  183         6.7. The physician assistant must note the prescription or
  184  dispensing of medication in the appropriate medical record.
  185         7.8. This paragraph does not prohibit a supervisory
  186  physician from delegating to a physician assistant the authority
  187  to order medication for a hospitalized patient of the
  188  supervisory physician.
  189  
  190  This paragraph does not apply to facilities licensed pursuant to
  191  chapter 395.
  192         (7) PHYSICIAN ASSISTANT LICENSURE.—
  193         (a) Any person desiring to be licensed as a physician
  194  assistant must apply to the department. The department shall
  195  issue a license to any person certified by the council as having
  196  met the following requirements:
  197         1. Is at least 18 years of age.
  198         2. Has satisfactorily passed a proficiency examination by
  199  an acceptable score established by the National Commission on
  200  Certification of Physician Assistants. If an applicant does not
  201  hold a current certificate issued by the National Commission on
  202  Certification of Physician Assistants and has not actively
  203  practiced as a physician assistant within the immediately
  204  preceding 4 years, the applicant must retake and successfully
  205  complete the entry-level examination of the National Commission
  206  on Certification of Physician Assistants to be eligible for
  207  licensure.
  208         3. Has completed the application form and remitted an
  209  application fee not to exceed $300 as set by the boards. An
  210  application for licensure made by a physician assistant must
  211  include:
  212         a. A certificate of completion of a physician assistant
  213  training program specified in subsection (6).
  214         b. A sworn statement of any prior felony convictions.
  215         c. A sworn statement of any previous revocation or denial
  216  of licensure or certification in any state.
  217         d. Two letters of recommendation.
  218         e. A copy of course transcripts and a copy of the course
  219  description from a physician assistant training program
  220  describing course content in pharmacotherapy, if the applicant
  221  wishes to apply for prescribing authority. These documents must
  222  meet the evidence requirements for prescribing authority.
  223         (b) The licensure must be renewed biennially. Each renewal
  224  must include:
  225         1. A renewal fee not to exceed $500 as set by the boards.
  226         2. A sworn statement of no felony convictions in the
  227  previous 2 years.
  228         Section 3. Paragraph (c) of subsection (4) of section
  229  458.348, Florida Statutes, is amended to read:
  230         458.348 Formal supervisory relationships, standing orders,
  231  and established protocols; notice; standards.—
  232         (4) SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE SETTINGS.—A
  233  physician who supervises an advanced registered nurse
  234  practitioner or physician assistant at a medical office other
  235  than the physician’s primary practice location, where the
  236  advanced registered nurse practitioner or physician assistant is
  237  not under the onsite supervision of a supervising physician,
  238  must comply with the standards set forth in this subsection. For
  239  the purpose of this subsection, a physician’s “primary practice
  240  location” means the address reflected on the physician’s profile
  241  published pursuant to s. 456.041.
  242         (c) A physician who supervises an advanced registered nurse
  243  practitioner or physician assistant at a medical office other
  244  than the physician’s primary practice location, where the
  245  advanced registered nurse practitioner or physician assistant is
  246  not under the onsite supervision of a supervising physician and
  247  the services offered at the office are primarily dermatologic or
  248  skin care services, which include aesthetic skin care services
  249  other than plastic surgery, must comply with the standards
  250  listed in subparagraphs 1.-4. Notwithstanding s. 458.347(4)(e)6.
  251  458.347(4)(e)7., a physician supervising a physician assistant
  252  pursuant to this paragraph may not be required to review and
  253  cosign charts or medical records prepared by such physician
  254  assistant.
  255         1. The physician shall submit to the board the addresses of
  256  all offices where he or she is supervising an advanced
  257  registered nurse practitioner or a physician’s assistant which
  258  are not the physician’s primary practice location.
  259         2. The physician must be board certified or board eligible
  260  in dermatology or plastic surgery as recognized by the board
  261  pursuant to s. 458.3312.
  262         3. All such offices that are not the physician’s primary
  263  place of practice must be within 25 miles of the physician’s
  264  primary place of practice or in a county that is contiguous to
  265  the county of the physician’s primary place of practice.
  266  However, the distance between any of the offices may not exceed
  267  75 miles.
  268         4. The physician may supervise only one office other than
  269  the physician’s primary place of practice except that until July
  270  1, 2011, the physician may supervise up to two medical offices
  271  other than the physician’s primary place of practice if the
  272  addresses of the offices are submitted to the board before July
  273  1, 2006. Effective July 1, 2011, the physician may supervise
  274  only one office other than the physician’s primary place of
  275  practice, regardless of when the addresses of the offices were
  276  submitted to the board.
  277         Section 4. Paragraph (c) of subsection (3) of section
  278  459.025, Florida Statutes, is amended to read:
  279         459.025 Formal supervisory relationships, standing orders,
  280  and established protocols; notice; standards.—
  281         (3) SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE SETTINGS.
  282  An osteopathic physician who supervises an advanced registered
  283  nurse practitioner or physician assistant at a medical office
  284  other than the osteopathic physician’s primary practice
  285  location, where the advanced registered nurse practitioner or
  286  physician assistant is not under the onsite supervision of a
  287  supervising osteopathic physician, must comply with the
  288  standards set forth in this subsection. For the purpose of this
  289  subsection, an osteopathic physician’s “primary practice
  290  location” means the address reflected on the physician’s profile
  291  published pursuant to s. 456.041.
  292         (c) An osteopathic physician who supervises an advanced
  293  registered nurse practitioner or physician assistant at a
  294  medical office other than the osteopathic physician’s primary
  295  practice location, where the advanced registered nurse
  296  practitioner or physician assistant is not under the onsite
  297  supervision of a supervising osteopathic physician and the
  298  services offered at the office are primarily dermatologic or
  299  skin care services, which include aesthetic skin care services
  300  other than plastic surgery, must comply with the standards
  301  listed in subparagraphs 1.-4. Notwithstanding s. 459.022(4)(e)6.
  302  459.022(4)(e)7., an osteopathic physician supervising a
  303  physician assistant pursuant to this paragraph may not be
  304  required to review and cosign charts or medical records prepared
  305  by such physician assistant.
  306         1. The osteopathic physician shall submit to the Board of
  307  Osteopathic Medicine the addresses of all offices where he or
  308  she is supervising or has a protocol with an advanced registered
  309  nurse practitioner or a physician’s assistant which are not the
  310  osteopathic physician’s primary practice location.
  311         2. The osteopathic physician must be board certified or
  312  board eligible in dermatology or plastic surgery as recognized
  313  by the Board of Osteopathic Medicine pursuant to s. 459.0152.
  314         3. All such offices that are not the osteopathic
  315  physician’s primary place of practice must be within 25 miles of
  316  the osteopathic physician’s primary place of practice or in a
  317  county that is contiguous to the county of the osteopathic
  318  physician’s primary place of practice. However, the distance
  319  between any of the offices may not exceed 75 miles.
  320         4. The osteopathic physician may supervise only one office
  321  other than the osteopathic physician’s primary place of practice
  322  except that until July 1, 2011, the osteopathic physician may
  323  supervise up to two medical offices other than the osteopathic
  324  physician’s primary place of practice if the addresses of the
  325  offices are submitted to the Board of Osteopathic Medicine
  326  before July 1, 2006. Effective July 1, 2011, the osteopathic
  327  physician may supervise only one office other than the
  328  osteopathic physician’s primary place of practice, regardless of
  329  when the addresses of the offices were submitted to the Board of
  330  Osteopathic Medicine.
  331         Section 5. This act shall take effect July 1, 2012.
  332  
  333  ================= T I T L E  A M E N D M E N T ================
  334         And the title is amended as follows:
  335         Delete everything before the enacting clause
  336  and insert:
  337                        A bill to be entitled                      
  338         An act relating to physician assistants; amending ss.
  339         458.347 and 459.022, F.S.; revising requirements for
  340         physician assistants to prescribe or dispense
  341         medicinal drugs; authorizing, rather than requiring,
  342         the Department of Health to issue a prescriber number
  343         to physician assistants granting authority to
  344         prescribe medicinal drugs; providing that a physician
  345         assistant applying for prescribing authority must
  346         submit course transcripts and a copy of the course
  347         description in addition to other licensure application
  348         requirements; conforming provisions to changes made by
  349         the act; amending ss. 458.348 and 459.025, F.S.;
  350         conforming cross-references; providing an effective
  351         date.