Florida Senate - 2012                              CS for SB 774
       
       
       
       By the Committee on Health Regulation; and Senator Hays
       
       
       
       
       588-02038-12                                           2012774c1
    1                        A bill to be entitled                      
    2         An act relating to physician assistants; amending ss.
    3         458.307 and 459.004, F.S.; revising the composition of
    4         the membership on the Board of Medicine and the Board
    5         of Osteopathic Medicine; providing for the appointment
    6         of new members as vacancies occur and allow; amending
    7         ss. 458.347 and 459.022, F.S.; deleting the
    8         requirement that the Department of Health issue a
    9         license to a physician assistant to prescribe
   10         medicinal drugs and requiring only a prescription
   11         number; requiring that a physician assistant seeking
   12         to prescribe medicinal drugs submit certain evidence
   13         at the time of initial licensure of completion of a
   14         course in pharmacotherapeutics from an accredited
   15         program; providing that a physician assistant wishing
   16         to apply for a prescriber number must submit course
   17         transcripts and a copy of the course description in
   18         addition to other licensure application requirements;
   19         requiring that a physician assistant seeking to apply
   20         for a prescriber number upon biennial licensure
   21         renewal submit evidence of completion of at least a
   22         certain number of classroom hours in an approved
   23         program that covers prescribing limitations,
   24         responsibilities, and privileges involved in
   25         prescribing medicinal drugs; conforming provisions to
   26         changes made by the act; providing an effective date.
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsection (2) of section 458.307, Florida
   31  Statutes, is amended to read:
   32         458.307 Board of Medicine.—
   33         (2) Twelve members of the board must be licensed physicians
   34  in good standing in this state who are residents of the state
   35  and who have been engaged in the active practice or teaching of
   36  medicine for at least 4 years immediately preceding their
   37  appointment. One of the physicians must be on the full-time
   38  faculty of a medical school in this state, and one of the
   39  physicians must be in private practice and on the full-time
   40  staff of a statutory teaching hospital in this state as defined
   41  in s. 408.07. At least one of the physicians must be a graduate
   42  of a foreign medical school. One member must be a physician
   43  assistant licensed under this chapter who has prescribing
   44  authority and who has worked in the state for at least 4 years.
   45  The remaining two three members must be residents of the state
   46  who are not, and never have been, licensed health care
   47  practitioners. One member must be a health care risk manager
   48  licensed under s. 395.10974. At least one member of the board
   49  must be 60 years of age or older.
   50         Section 2. Paragraphs (e) and (f) of subsection (4) and
   51  paragraphs (a) and (c) of subsection (7) of section 458.347,
   52  Florida Statutes, are amended to read:
   53         458.347 Physician assistants.—
   54         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
   55         (e) A supervisory physician may delegate to a fully
   56  licensed physician assistant the authority to prescribe or
   57  dispense any medication used in the supervisory physician’s
   58  practice unless such medication is listed on the formulary
   59  created pursuant to paragraph (f). A fully licensed physician
   60  assistant may only prescribe or dispense such medication under
   61  the following circumstances:
   62         1. A physician assistant must clearly identify to the
   63  patient that he or she is a physician assistant. Furthermore,
   64  the physician assistant must inform the patient that the patient
   65  has the right to see the physician prior to any prescription
   66  being prescribed or dispensed by the physician assistant.
   67         2. The supervisory physician must notify the department of
   68  his or her intent to delegate, on a department-approved form,
   69  before delegating such authority and notify the department of
   70  any change in prescriptive privileges of the physician
   71  assistant. Authority to dispense may be delegated only by a
   72  supervising physician who is registered as a dispensing
   73  practitioner in compliance with s. 465.0276.
   74         3. The physician assistant must file with the department,
   75  at the time of initial application before commencing to
   76  prescribe or dispense, evidence that he or she has completed a
   77  continuing medical education course in pharmacotherapeutics, to
   78  include the initiation, selection, and modification of selected
   79  medications, and the limitations, responsibilities, and
   80  privileges involved in prescribing medicinal drugs. The course
   81  must have been of at least 3 classroom hours in prescriptive
   82  practice, conducted by a an accredited program accredited by the
   83  Commission on Accreditation of Allied Health Programs or its
   84  successor organization. The department shall issue a prescriber
   85  number if the evidence submitted meets the requirements. The
   86  physician assistant must receive a prescriber number before
   87  commencing to prescribe or dispense medicinal drugs approved by
   88  the boards, which course covers the limitations,
   89  responsibilities, and privileges involved in prescribing
   90  medicinal drugs, or evidence that he or she has received
   91  education comparable to the continuing education course as part
   92  of an accredited physician assistant training program.
   93         4. The physician assistant must file with the department a
   94  signed affidavit that he or she has completed a minimum of 10
   95  continuing medical education hours in the specialty practice in
   96  which the physician assistant has prescriptive privileges with
   97  each licensure renewal application.
   98         5. The department shall issue a license and a prescriber
   99  number to the physician assistant granting authority for the
  100  prescribing of medicinal drugs authorized within this paragraph
  101  upon completion of the foregoing requirements. The physician
  102  assistant shall not be required to independently register
  103  pursuant to s. 465.0276.
  104         6. The prescription must be written in a form that complies
  105  with chapter 499 and must contain, in addition to the
  106  supervisory physician’s name, address, and telephone number, the
  107  physician assistant’s prescriber number. Unless it is a drug or
  108  drug sample dispensed by the physician assistant, the
  109  prescription must be filled in a pharmacy permitted under
  110  chapter 465 and must be dispensed in that pharmacy by a
  111  pharmacist licensed under chapter 465. The appearance of the
  112  prescriber number creates a presumption that the physician
  113  assistant is authorized to prescribe the medicinal drug and the
  114  prescription is valid.
  115         7. The physician assistant must note the prescription or
  116  dispensing of medication in the appropriate medical record.
  117         8. This paragraph does not prohibit a supervisory physician
  118  from delegating to a physician assistant the authority to order
  119  medication for a hospitalized patient of the supervisory
  120  physician.
  121  
  122  This paragraph does not apply to facilities licensed pursuant to
  123  chapter 395.
  124         (f)1. The council shall establish a formulary of medicinal
  125  drugs that a fully licensed physician assistant having
  126  prescribing authority, licensed under this section or s.
  127  459.022, may not prescribe. The formulary must include
  128  controlled substances as defined in chapter 893, general
  129  anesthetics, and radiographic contrast materials.
  130         2. In establishing the formulary, the council shall consult
  131  with a pharmacist licensed under chapter 465, but not licensed
  132  under this chapter or chapter 459, who shall be selected by the
  133  State Surgeon General.
  134         3. Only the council shall add to, delete from, or modify
  135  the formulary. Any person who requests an addition, deletion, or
  136  modification of a medicinal drug listed on such formulary has
  137  the burden of proof to show cause why such addition, deletion,
  138  or modification should be made.
  139         4. The boards shall adopt the formulary required by this
  140  paragraph, and each addition, deletion, or modification to the
  141  formulary, by rule. Notwithstanding any provision of chapter 120
  142  to the contrary, the formulary rule shall be effective 60 days
  143  after the date it is filed with the Secretary of State. Upon
  144  adoption of the formulary, the department shall mail a copy of
  145  such formulary to each fully licensed physician assistant having
  146  prescribing authority, licensed under this section or s.
  147  459.022, and to each pharmacy licensed by the state. The boards
  148  shall establish, by rule, a fee not to exceed $200 to fund the
  149  provisions of this paragraph and paragraph (e).
  150         (7) PHYSICIAN ASSISTANT LICENSURE.—
  151         (a) Any person desiring to be licensed as a physician
  152  assistant must apply to the department. The department shall
  153  issue a license to any person certified by the council as having
  154  met the following requirements:
  155         1. Is at least 18 years of age.
  156         2. Has satisfactorily passed a proficiency examination by
  157  an acceptable score established by the National Commission on
  158  Certification of Physician Assistants. If an applicant does not
  159  hold a current certificate issued by the National Commission on
  160  Certification of Physician Assistants and has not actively
  161  practiced as a physician assistant within the immediately
  162  preceding 4 years, the applicant must retake and successfully
  163  complete the entry-level examination of the National Commission
  164  on Certification of Physician Assistants to be eligible for
  165  licensure.
  166         3. Has completed the application form and remitted an
  167  application fee not to exceed $300 as set by the boards. An
  168  application for licensure made by a physician assistant must
  169  include:
  170         a. A certificate of completion of a physician assistant
  171  training program specified in subsection (6).
  172         b. A sworn statement of any prior felony convictions.
  173         c. A sworn statement of any previous revocation or denial
  174  of licensure or certification in any state.
  175         d. Two letters of recommendation.
  176         e. A copy of course transcripts and a copy of the course
  177  description from a physician assistant training program
  178  describing a pharmacotherapy course pursuant to subparagraph
  179  (4)(e)3., if the applicant wishes to apply for a prescriber
  180  number. These documents must meet the evidence requirements for
  181  prescribing authority.
  182         (c) The license must be renewed biennially. Each renewal
  183  must include:
  184         1. A renewal fee not to exceed $500 as set by the boards.
  185         2. A sworn statement of no felony convictions in the
  186  previous 2 years.
  187  
  188  A licensed physician assistant without prescribing authority may
  189  request a prescriber number upon biennial licensure renewal
  190  under this paragraph by submitting evidence that he or she has
  191  completed a continuing medical education course of at least 3
  192  classroom hours in prescriptive practice, covering the
  193  limitations, responsibilities, and privileges involved in
  194  prescribing medicinal drugs. The course must be conducted by an
  195  accredited program approved by the boards. The physician
  196  assistant must receive a prescriber number before commencing to
  197  prescribe or dispense medicinal drugs.
  198         Section 3. Subsection (2) of section 459.004, Florida
  199  Statutes, is amended to read:
  200         459.004 Board of Osteopathic Medicine.—
  201         (2) Five members of the board must be licensed osteopathic
  202  physicians in good standing in this state who are residents of
  203  this state and who have been engaged in the practice of
  204  osteopathic medicine for at least 4 years immediately prior to
  205  their appointment. One member must be a physician assistant
  206  licensed under this chapter who has prescribing authority and
  207  who has worked in the state for at least 4 years. The remaining
  208  member two members must be a citizen citizens of the state who
  209  is are not, and has have never been, a licensed health care
  210  practitioner practitioners. At least one member of the board
  211  must be 60 years of age or older.
  212         Section 4. Paragraph (e) of subsection (4) and paragraphs
  213  (a) and (b) of subsection (7) of section 459.022, Florida
  214  Statutes, are amended to read:
  215         459.022 Physician assistants.—
  216         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  217         (e) A supervisory physician may delegate to a fully
  218  licensed physician assistant the authority to prescribe or
  219  dispense any medication used in the supervisory physician’s
  220  practice unless such medication is listed on the formulary
  221  created pursuant to s. 458.347. A fully licensed physician
  222  assistant may only prescribe or dispense such medication under
  223  the following circumstances:
  224         1. A physician assistant must clearly identify to the
  225  patient that she or he is a physician assistant. Furthermore,
  226  the physician assistant must inform the patient that the patient
  227  has the right to see the physician prior to any prescription
  228  being prescribed or dispensed by the physician assistant.
  229         2. The supervisory physician must notify the department of
  230  her or his intent to delegate, on a department-approved form,
  231  before delegating such authority and notify the department of
  232  any change in prescriptive privileges of the physician
  233  assistant. Authority to dispense may be delegated only by a
  234  supervisory physician who is registered as a dispensing
  235  practitioner in compliance with s. 465.0276.
  236         3. The physician assistant must file with the department,
  237  at the time of the initial application before commencing to
  238  prescribe or dispense, evidence that she or he has completed a
  239  continuing medical education course in pharmacotherapeutics, to
  240  include the initiation, selection, and modification of selected
  241  medications, and the limitations, responsibilities, and
  242  privileges involved in prescribing medicinal drugs. The course
  243  must have been of at least 3 classroom hours in prescriptive
  244  practice, conducted by a an accredited program accredited by the
  245  Commission on Accreditation of Allied Health Programs or its
  246  successor organization. The department shall issue a prescriber
  247  number if the evidence submitted meets the requirements. The
  248  physician assistant must receive a prescriber number before
  249  commencing to prescribe or dispense medicinal drugs approved by
  250  the boards, which course covers the limitations,
  251  responsibilities, and privileges involved in prescribing
  252  medicinal drugs, or evidence that she or he has received
  253  education comparable to the continuing education course as part
  254  of an accredited physician assistant training program.
  255         4. The physician assistant must file with the department a
  256  signed affidavit that she or he has completed a minimum of 10
  257  continuing medical education hours in the specialty practice in
  258  which the physician assistant has prescriptive privileges with
  259  each licensure renewal application.
  260         5. The department shall issue a license and a prescriber
  261  number to the physician assistant granting authority for the
  262  prescribing of medicinal drugs authorized within this paragraph
  263  upon completion of the foregoing requirements. The physician
  264  assistant shall not be required to independently register
  265  pursuant to s. 465.0276.
  266         6. The prescription must be written in a form that complies
  267  with chapter 499 and must contain, in addition to the
  268  supervisory physician’s name, address, and telephone number, the
  269  physician assistant’s prescriber number. Unless it is a drug or
  270  drug sample dispensed by the physician assistant, the
  271  prescription must be filled in a pharmacy permitted under
  272  chapter 465, and must be dispensed in that pharmacy by a
  273  pharmacist licensed under chapter 465. The appearance of the
  274  prescriber number creates a presumption that the physician
  275  assistant is authorized to prescribe the medicinal drug and the
  276  prescription is valid.
  277         7. The physician assistant must note the prescription or
  278  dispensing of medication in the appropriate medical record.
  279         8. This paragraph does not prohibit a supervisory physician
  280  from delegating to a physician assistant the authority to order
  281  medication for a hospitalized patient of the supervisory
  282  physician.
  283  
  284  This paragraph does not apply to facilities licensed pursuant to
  285  chapter 395.
  286         (7) PHYSICIAN ASSISTANT LICENSURE.—
  287         (a) Any person desiring to be licensed as a physician
  288  assistant must apply to the department. The department shall
  289  issue a license to any person certified by the council as having
  290  met the following requirements:
  291         1. Is at least 18 years of age.
  292         2. Has satisfactorily passed a proficiency examination by
  293  an acceptable score established by the National Commission on
  294  Certification of Physician Assistants. If an applicant does not
  295  hold a current certificate issued by the National Commission on
  296  Certification of Physician Assistants and has not actively
  297  practiced as a physician assistant within the immediately
  298  preceding 4 years, the applicant must retake and successfully
  299  complete the entry-level examination of the National Commission
  300  on Certification of Physician Assistants to be eligible for
  301  licensure.
  302         3. Has completed the application form and remitted an
  303  application fee not to exceed $300 as set by the boards. An
  304  application for licensure made by a physician assistant must
  305  include:
  306         a. A certificate of completion of a physician assistant
  307  training program specified in subsection (6).
  308         b. A sworn statement of any prior felony convictions.
  309         c. A sworn statement of any previous revocation or denial
  310  of licensure or certification in any state.
  311         d. Two letters of recommendation.
  312         e. A copy of course transcripts and a copy of the course
  313  description from a physician assistant training program
  314  describing a pharmacotherapy course pursuant to subparagraph
  315  (4)(e)3., if the applicant wishes to apply for a prescriber
  316  number. These documents must meet the evidence requirements for
  317  prescribing authority.
  318         (b) The licensure must be renewed biennially. Each renewal
  319  must include:
  320         1. A renewal fee not to exceed $500 as set by the boards.
  321         2. A sworn statement of no felony convictions in the
  322  previous 2 years.
  323  
  324  A licensed physician assistant without prescribing authority may
  325  request a prescriber number upon biennial licensure renewal
  326  under this paragraph by submitting evidence that she or he has
  327  completed a continuing medical education course of at least 3
  328  classroom hours in prescriptive practice, covering the
  329  limitations, responsibilities, and privileges involved in
  330  prescribing medicinal drugs. The course must be conducted by an
  331  accredited program approved by the boards. The physician
  332  assistant must receive a prescriber number before commencing to
  333  prescribe or dispense medicinal drugs.
  334         Section 5. The amendment of sections 458.307 and 459.004,
  335  Florida Statutes, made by this act to change the composition of
  336  the membership on the Board of Medicine and the Board of
  337  Osteopathic Medicine shall be implemented as vacancies on those
  338  boards occur and allow.
  339         Section 6. This act shall take effect July 1, 2012.