Florida Senate - 2015                CS for CS for CS for SB 532
       
       
        
       By the Committees on Appropriations; Finance and Tax; and Health
       Policy; and Senator Grimsley
       
       
       
       
       576-04664-15                                           2015532c3
    1                        A bill to be entitled                      
    2         An act relating to access to health care services;
    3         creating s. 296.42, F.S.; directing the Department of
    4         Veterans’ Affairs to contract for a study to determine
    5         the need and location for additional state veterans’
    6         nursing homes; directing the department to submit the
    7         study to the Governor and the Legislature; providing
    8         study criteria for ranking each county according to
    9         need; providing site selection criteria; requiring the
   10         approval of the Governor and Cabinet for site
   11         selection; requiring the department to use specified
   12         studies to select new nursing home sites; directing
   13         the department to contract for subsequent studies and
   14         to submit the studies to the Governor and the
   15         Legislature; amending ss. 458.347 and 459.022, F.S.;
   16         revising the authority of a licensed physician
   17         assistant to order medication under the direction of a
   18         supervisory physician for a specified patient;
   19         amending s. 464.012, F.S.; authorizing an advanced
   20         registered nurse practitioner to order medication for
   21         administration to a specified patient; amending s.
   22         465.003, F.S.; revising the term “prescription” to
   23         exclude an order for drugs or medicinal supplies by a
   24         licensed practitioner that is dispensed for certain
   25         administration; creating s. 624.27, F.S.; defining
   26         terms; specifying that a direct primary care agreement
   27         does not constitute insurance and is not subject to
   28         the Florida Insurance Code; specifying that entering
   29         into a direct primary care agreement does not
   30         constitute the business of insurance and is not
   31         subject to the code; providing that a health care
   32         provider is not required to obtain a certificate of
   33         authority or license to market, sell, or offer to sell
   34         a direct primary care agreement; specifying
   35         requirements for a direct primary care agreement;
   36         amending s. 766.1115, F.S.; redefining terms relating
   37         to agency relationships with governmental health care
   38         contractors; deleting an obsolete date; extending
   39         sovereign immunity to employees or agents of a health
   40         care provider that executes a contract with a
   41         governmental contractor; clarifying that a receipt of
   42         specified notice must be acknowledged by a patient or
   43         the patient’s representative at the initial visit;
   44         requiring the posting of notice that a specified
   45         health care provider is an agent of a governmental
   46         contractor; amending s. 768.28, F.S.; redefining the
   47         term “officer, employee, or agent” to include
   48         employees or agents of a health care provider;
   49         amending s. 893.02, F.S.; revising the term
   50         “administer” to include the term “administration”;
   51         revising the term “prescription” to exclude an order
   52         for drugs or medicinal supplies by a licensed
   53         practitioner that is dispensed for certain
   54         administration; amending s. 893.04, F.S.; conforming
   55         provisions to changes made by the act; amending s.
   56         893.05, F.S.; authorizing a licensed practitioner to
   57         authorize a licensed physician assistant or advanced
   58         registered nurse practitioner to order controlled
   59         substances for a specified patient under certain
   60         circumstances; reenacting ss. 400.462(26), 401.445(1),
   61         409.906(18), and 766.103(3), F.S., to incorporate the
   62         amendments made to ss. 458.347 and 459.022, F.S., in
   63         references thereto; reenacting ss. 401.445(1) and
   64         766.103(3), F.S., to incorporate the amendment made to
   65         s. 464.012, F.S., in references thereto; reenacting
   66         ss. 409.9201(1)(a), 458.331(1)(pp), 459.015(1)(rr),
   67         465.014(1), 465.015(2)(c), 465.016(1)(s),
   68         465.022(5)(j), 465.023(1)(h), 465.1901, 499.003(43),
   69         and 831.30(1), F.S., to incorporate the amendment made
   70         to s. 465.003, F.S., in references thereto; reenacting
   71         ss. 112.0455(5)(i), 381.986(7)(b), 440.102(1)(l),
   72         458.331(1)(pp), 459.015(1)(rr), 465.015(3),
   73         465.016(1)(s), 465.022(5)(j), 465.023(1)(h),
   74         499.0121(14), 768.36(1)(b), 810.02(3)(f),
   75         812.014(2)(c), 856.015(1)(c), 944.47(1)(a), 951.22(1),
   76         985.711(1)(a), 1003.57(1)(i), and 1006.09(8), F.S., to
   77         incorporate the amendment made to s. 893.02, F.S., in
   78         references thereto; reenacting s. 893.0551(3)(e),
   79         F.S., to incorporate the amendment made to s. 893.04,
   80         F.S., in a reference thereto; reenacting s.
   81         893.0551(3)(d), F.S., to incorporate the amendment
   82         made to s. 893.05, F.S., in a reference thereto;
   83         providing an effective date.
   84          
   85  Be It Enacted by the Legislature of the State of Florida:
   86  
   87         Section 1. Section 296.42, Florida Statutes, is created to
   88  read:
   89         296.42 Site-selection process for state veterans’ nursing
   90  homes.—
   91         (1) The department shall contract for a site-selection
   92  study to determine the need for new state veterans’ nursing
   93  homes and the most appropriate counties in which to locate the
   94  homes based on the greatest level of need. The department shall
   95  submit the study to the Governor, the President of the Senate,
   96  and the Speaker of the House of Representatives by November 1,
   97  2015.
   98         (2) The site-selection study must use the following
   99  criteria to rank each county according to need:
  100         (a) The distance from the geographic center of the county
  101  to the nearest existing state veterans’ nursing home.
  102         (b) The number of veterans aged 65 years or older residing
  103  in the county.
  104         (c) The presence of an existing federal Veterans Health
  105  Administration medical center or outpatient clinic in the
  106  county.
  107         (d) Elements of emergency health care in the county, as
  108  determined by:
  109         1. The number of general hospitals.
  110         2. The number of emergency room holding beds per hospital.
  111  The term “emergency room holding bed” means a bed located in the
  112  emergency room of a hospital licensed under chapter 395 which is
  113  used for a patient who is admitted to the hospital through the
  114  emergency room but who is waiting for an available bed in an
  115  inpatient unit of the hospital.
  116         3. The number of employed physicians per hospital in the
  117  emergency room 24 hours per day.
  118         (e) The number of existing community nursing home beds per
  119  1,000 males aged 65 years or older residing in the county.
  120         (f) The presence of an accredited educational institution
  121  offering health care programs in the county.
  122         (g) The county poverty rate.
  123         (3) For each new nursing home, the department shall select
  124  the highest-ranked county in the applicable study under this
  125  section which does not have a veterans’ nursing home. If the
  126  highest-ranked county cannot serve as the site, the department
  127  shall select the next highest-ranked county. The selection is
  128  subject to the approval of the Governor and Cabinet.
  129         (4) The department shall use the 2014 site-selection study
  130  to select a county for any new state veterans’ nursing home
  131  authorized before November 1, 2015.
  132         (5) The department shall use the November 2015 site
  133  selection study ranking to select each new state veterans’
  134  nursing home site authorized before July 1, 2020.
  135         (6) The department shall contract for and submit a new
  136  site-selection study, which uses the county-ranking criteria
  137  under subsections (2) and (3), to the Governor, the President of
  138  the Senate, and the Speaker of the House of Representatives by
  139  November 1, 2019, and every 4 years thereafter. Each study
  140  applies to the 4-year selection period that begins on July 1
  141  after the date the study is due.
  142         Section 2. Paragraph (g) of subsection (4) of section
  143  458.347, Florida Statutes, is amended to read:
  144         458.347 Physician assistants.—
  145         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  146         (g) A supervisory physician may delegate to a licensed
  147  physician assistant the authority to, and the licensed physician
  148  assistant acting under the direction of the supervisory
  149  physician may, order any medication medications for
  150  administration to the supervisory physician’s patient during his
  151  or her care in a facility licensed under chapter 395,
  152  notwithstanding any provisions in chapter 465 or chapter 893
  153  which may prohibit this delegation. For the purpose of this
  154  paragraph, an order is not considered a prescription. A licensed
  155  physician assistant working in a facility that is licensed under
  156  chapter 395 may order any medication under the direction of the
  157  supervisory physician.
  158         Section 3. Paragraph (f) of subsection (4) of section
  159  459.022, Florida Statutes, is amended to read:
  160         459.022 Physician assistants.—
  161         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  162         (f) A supervisory physician may delegate to a licensed
  163  physician assistant the authority to, and the licensed physician
  164  assistant acting under the direction of the supervisory
  165  physician may, order any medication medications for
  166  administration to the supervisory physician’s patient during his
  167  or her care in a facility licensed under chapter 395,
  168  notwithstanding any provisions in chapter 465 or chapter 893
  169  which may prohibit this delegation. For the purpose of this
  170  paragraph, an order is not considered a prescription. A licensed
  171  physician assistant working in a facility that is licensed under
  172  chapter 395 may order any medication under the direction of the
  173  supervisory physician.
  174         Section 4. Paragraph (a) of subsection (3) of section
  175  464.012, Florida Statutes, is amended to read:
  176         464.012 Certification of advanced registered nurse
  177  practitioners; fees.—
  178         (3) An advanced registered nurse practitioner shall perform
  179  those functions authorized in this section within the framework
  180  of an established protocol that is filed with the board upon
  181  biennial license renewal and within 30 days after entering into
  182  a supervisory relationship with a physician or changes to the
  183  protocol. The board shall review the protocol to ensure
  184  compliance with applicable regulatory standards for protocols.
  185  The board shall refer to the department licensees submitting
  186  protocols that are not compliant with the regulatory standards
  187  for protocols. A practitioner currently licensed under chapter
  188  458, chapter 459, or chapter 466 shall maintain supervision for
  189  directing the specific course of medical treatment. Within the
  190  established framework, an advanced registered nurse practitioner
  191  may:
  192         (a) Monitor and alter drug therapies and order any
  193  medication for administration to a patient in a facility
  194  licensed under chapter 395.
  195         Section 5. Subsection (14) of section 465.003, Florida
  196  Statutes, is amended to read:
  197         465.003 Definitions.—As used in this chapter, the term:
  198         (14) “Prescription” includes any order for drugs or
  199  medicinal supplies written or transmitted by any means of
  200  communication by a duly licensed practitioner authorized by the
  201  laws of this the state to prescribe such drugs or medicinal
  202  supplies and intended to be dispensed by a pharmacist, except
  203  for an order that is dispensed for administration. The term also
  204  includes an orally transmitted order by the lawfully designated
  205  agent of such practitioner;. The term also includes an order
  206  written or transmitted by a practitioner licensed to practice in
  207  a jurisdiction other than this state, but only if the pharmacist
  208  called upon to dispense such order determines, in the exercise
  209  of her or his professional judgment, that the order is valid and
  210  necessary for the treatment of a chronic or recurrent illness;
  211  and. The term “prescription” also includes a pharmacist’s order
  212  for a product selected from the formulary created pursuant to s.
  213  465.186. Prescriptions may be retained in written form or the
  214  pharmacist may cause them to be recorded in a data processing
  215  system, provided that such order can be produced in printed form
  216  upon lawful request.
  217         Section 6. Section 624.27, Florida Statutes, is created to
  218  read:
  219         624.27 Application of the Florida Insurance Code as to
  220  direct primary care agreements.—
  221         (1) As used in this section, the term:
  222         (a) “Direct primary care agreement” means a contract
  223  between a primary care provider or primary care group practice
  224  and a patient, the patient’s legal representative, or an
  225  employer which satisfies the criteria in subsection (4) and does
  226  not indemnify for services provided by a third party.
  227         (b) “Primary care provider” means a health care provider
  228  licensed under chapter 458, chapter 459, or chapter 464 who
  229  provides medical services to patients which are commonly
  230  provided without referral from another health care provider.
  231         (c) “Primary care service” means the screening, assessment,
  232  diagnosis, and treatment of a patient for the purpose of
  233  promoting health or detecting and managing disease or injury
  234  within the competency and training of the primary care provider.
  235         (2) A direct primary care agreement does not constitute
  236  insurance and is not subject to the Florida Insurance Code. The
  237  act of entering into a direct primary care agreement does not
  238  constitute the business of insurance and is not subject to the
  239  Florida Insurance Code.
  240         (3) A primary care provider or an agent of a primary care
  241  provider is not required to obtain a certificate of authority or
  242  license under this code to market, sell, or offer to sell a
  243  direct primary care agreement.
  244         (4) For purposes of this section, a direct primary care
  245  agreement must:
  246         (a) Be in writing.
  247         (b) Be signed by the primary care provider or an agent of
  248  the primary care provider and the patient or the patient’s legal
  249  representative.
  250         (c) Allow a party to terminate the agreement by written
  251  notice to the other party after a period specified in the
  252  agreement.
  253         (d) Describe the scope of the primary care services that
  254  are covered by the monthly fee.
  255         (e) Specify the monthly fee and any fees for primary care
  256  services not covered by the monthly fee.
  257         (f) Specify the duration of the agreement and any automatic
  258  renewal provisions.
  259         (g) Offer a refund to the patient of monthly fees paid in
  260  advance if the primary care provider ceases to offer primary
  261  care services for any reason.
  262         (h) State that the agreement is not health insurance.
  263         Section 7. Paragraphs (a) and (d) of subsection (3) and
  264  subsections (4) and (5) of section 766.1115, Florida Statutes,
  265  are amended to read:
  266         766.1115 Health care providers; creation of agency
  267  relationship with governmental contractors.—
  268         (3) DEFINITIONS.—As used in this section, the term:
  269         (a) “Contract” means an agreement executed in compliance
  270  with this section between a health care provider and a
  271  governmental contractor which allows the health care provider,
  272  or any employee or agent of the health care provider, to deliver
  273  health care services to low-income recipients as an agent of the
  274  governmental contractor. The contract must be for volunteer,
  275  uncompensated services, except as provided in paragraph (4)(g).
  276  For services to qualify as volunteer, uncompensated services
  277  under this section, the health care provider must receive no
  278  compensation from the governmental contractor for any services
  279  provided under the contract and must not bill or accept
  280  compensation from the recipient, or a public or private third
  281  party payor, for the specific services provided to the low
  282  income recipients covered by the contract except as provided in
  283  paragraph (4)(g). A free clinic as described in subparagraph
  284  (d)14. may receive a legislative appropriation, a grant through
  285  a legislative appropriation, or a grant from a governmental
  286  entity or nonprofit corporation to support the delivery of such
  287  contracted services by volunteer health care providers,
  288  including the employment of health care providers to supplement,
  289  coordinate, or support the delivery of services by volunteer
  290  health care providers. Such an appropriation or grant does not
  291  constitute compensation under this paragraph from the
  292  governmental contractor for services provided under the
  293  contract, and receipt and use of the appropriation or grant does
  294  not constitute the acceptance of compensation under this
  295  paragraph for the specific services provided to the low-income
  296  recipients covered by the contract.
  297         (d) “Health care provider” or “provider” means:
  298         1. A birth center licensed under chapter 383.
  299         2. An ambulatory surgical center licensed under chapter
  300  395.
  301         3. A hospital licensed under chapter 395.
  302         4. A physician or physician assistant licensed under
  303  chapter 458.
  304         5. An osteopathic physician or osteopathic physician
  305  assistant licensed under chapter 459.
  306         6. A chiropractic physician licensed under chapter 460.
  307         7. A podiatric physician licensed under chapter 461.
  308         8. A registered nurse, nurse midwife, licensed practical
  309  nurse, or advanced registered nurse practitioner licensed or
  310  registered under part I of chapter 464 or any facility which
  311  employs nurses licensed or registered under part I of chapter
  312  464 to supply all or part of the care delivered under this
  313  section.
  314         9. A midwife licensed under chapter 467.
  315         10. A health maintenance organization certificated under
  316  part I of chapter 641.
  317         11. A health care professional association and its
  318  employees or a corporate medical group and its employees.
  319         12. Any other medical facility the primary purpose of which
  320  is to deliver human medical diagnostic services or which
  321  delivers nonsurgical human medical treatment, and which includes
  322  an office maintained by a provider.
  323         13. A dentist or dental hygienist licensed under chapter
  324  466.
  325         14. A free clinic that delivers only medical diagnostic
  326  services or nonsurgical medical treatment free of charge to all
  327  low-income recipients.
  328         15. Any other health care professional, practitioner,
  329  provider, or facility under contract with a governmental
  330  contractor, including a student enrolled in an accredited
  331  program that prepares the student for licensure as any one of
  332  the professionals listed in subparagraphs 4.-9.
  333  
  334  The term includes any nonprofit corporation qualified as exempt
  335  from federal income taxation under s. 501(a) of the Internal
  336  Revenue Code, and described in s. 501(c) of the Internal Revenue
  337  Code, which delivers health care services provided by licensed
  338  professionals listed in this paragraph, any federally funded
  339  community health center, and any volunteer corporation or
  340  volunteer health care provider that delivers health care
  341  services.
  342         (4) CONTRACT REQUIREMENTS.—A health care provider that
  343  executes a contract with a governmental contractor to deliver
  344  health care services on or after April 17, 1992, as an agent of
  345  the governmental contractor, or any employee or agent of such
  346  health care provider, is an agent for purposes of s. 768.28(9),
  347  while acting within the scope of duties under the contract, if
  348  the contract complies with the requirements of this section and
  349  regardless of whether the individual treated is later found to
  350  be ineligible. A health care provider, or any employee or agent
  351  of such health care provider, shall continue to be an agent for
  352  purposes of s. 768.28(9) for 30 days after a determination of
  353  ineligibility to allow for treatment until the individual
  354  transitions to treatment by another health care provider. A
  355  health care provider under contract with the state, or any
  356  employee or agent of such health care provider, may not be named
  357  as a defendant in any action arising out of medical care or
  358  treatment provided on or after April 17, 1992, under contracts
  359  entered into under this section. The contract must provide that:
  360         (a) The right of dismissal or termination of any health
  361  care provider delivering services under the contract is retained
  362  by the governmental contractor.
  363         (b) The governmental contractor has access to the patient
  364  records of any health care provider delivering services under
  365  the contract.
  366         (c) Adverse incidents and information on treatment outcomes
  367  must be reported by any health care provider to the governmental
  368  contractor if the incidents and information pertain to a patient
  369  treated under the contract. The health care provider shall
  370  submit the reports required by s. 395.0197. If an incident
  371  involves a professional licensed by the Department of Health or
  372  a facility licensed by the Agency for Health Care
  373  Administration, the governmental contractor shall submit such
  374  incident reports to the appropriate department or agency, which
  375  shall review each incident and determine whether it involves
  376  conduct by the licensee that is subject to disciplinary action.
  377  All patient medical records and any identifying information
  378  contained in adverse incident reports and treatment outcomes
  379  which are obtained by governmental entities under this paragraph
  380  are confidential and exempt from the provisions of s. 119.07(1)
  381  and s. 24(a), Art. I of the State Constitution.
  382         (d) Patient selection and initial referral must be made by
  383  the governmental contractor or the provider. Patients may not be
  384  transferred to the provider based on a violation of the
  385  antidumping provisions of the Omnibus Budget Reconciliation Act
  386  of 1989, the Omnibus Budget Reconciliation Act of 1990, or
  387  chapter 395.
  388         (e) If emergency care is required, the patient need not be
  389  referred before receiving treatment, but must be referred within
  390  48 hours after treatment is commenced or within 48 hours after
  391  the patient has the mental capacity to consent to treatment,
  392  whichever occurs later.
  393         (f) The provider is subject to supervision and regular
  394  inspection by the governmental contractor.
  395         (g) As an agent of the governmental contractor for purposes
  396  of s. 768.28(9), while acting within the scope of duties under
  397  the contract, A health care provider licensed under chapter 466,
  398  as an agent of the governmental contractor for purposes of s.
  399  768.28(9), may allow a patient, or a parent or guardian of the
  400  patient, to voluntarily contribute a monetary amount to cover
  401  costs of dental laboratory work related to the services provided
  402  to the patient within the scope of duties under the contract.
  403  This contribution may not exceed the actual cost of the dental
  404  laboratory charges.
  405  
  406  A governmental contractor that is also a health care provider is
  407  not required to enter into a contract under this section with
  408  respect to the health care services delivered by its employees.
  409         (5) NOTICE OF AGENCY RELATIONSHIP.—The governmental
  410  contractor must provide written notice to each patient, or the
  411  patient’s legal representative, receipt of which must be
  412  acknowledged in writing at the initial visit, that the provider
  413  is an agent of the governmental contractor and that the
  414  exclusive remedy for injury or damage suffered as the result of
  415  any act or omission of the provider or of any employee or agent
  416  thereof acting within the scope of duties pursuant to the
  417  contract is by commencement of an action pursuant to the
  418  provisions of s. 768.28. Thereafter, and with respect to any
  419  federally funded community health center, the notice
  420  requirements may be met by posting in a place conspicuous to all
  421  persons a notice that the health care provider federally funded
  422  community health center is an agent of the governmental
  423  contractor and that the exclusive remedy for injury or damage
  424  suffered as the result of any act or omission of the provider or
  425  of any employee or agent thereof acting within the scope of
  426  duties pursuant to the contract is by commencement of an action
  427  pursuant to the provisions of s. 768.28.
  428         Section 8. Paragraph (b) of subsection (9) of section
  429  768.28, Florida Statutes, is amended to read:
  430         768.28 Waiver of sovereign immunity in tort actions;
  431  recovery limits; limitation on attorney fees; statute of
  432  limitations; exclusions; indemnification; risk management
  433  programs.—
  434         (9)
  435         (b) As used in this subsection, the term:
  436         1. “Employee” includes any volunteer firefighter.
  437         2. “Officer, employee, or agent” includes, but is not
  438  limited to, any health care provider, and its employees or
  439  agents, when providing services pursuant to s. 766.1115; any
  440  nonprofit independent college or university located and
  441  chartered in this state which owns or operates an accredited
  442  medical school, and its employees or agents, when providing
  443  patient services pursuant to paragraph (10)(f); and any public
  444  defender or her or his employee or agent, including, among
  445  others, an assistant public defender and an investigator.
  446         Section 9. Subsections (1) and (22) of section 893.02,
  447  Florida Statutes, are amended to read:
  448         893.02 Definitions.—The following words and phrases as used
  449  in this chapter shall have the following meanings, unless the
  450  context otherwise requires:
  451         (1) “Administer” or “administration” means the direct
  452  application of a controlled substance, whether by injection,
  453  inhalation, ingestion, or any other means, to the body of a
  454  person or animal.
  455         (22) “Prescription” means and includes any an order for
  456  drugs or medicinal supplies which is written, signed, or
  457  transmitted by any word of mouth, telephone, telegram, or other
  458  means of communication by a duly licensed practitioner
  459  authorized licensed by the laws of this the state to prescribe
  460  such drugs or medicinal supplies, is issued in good faith and in
  461  the course of professional practice, is intended to be filled,
  462  compounded, or dispensed by a another person authorized licensed
  463  by the laws of this the state to do so, and meets meeting the
  464  requirements of s. 893.04.
  465         (a) The term also includes an order for drugs or medicinal
  466  supplies so transmitted or written by a physician, dentist,
  467  veterinarian, or other practitioner licensed to practice in a
  468  state other than Florida, but only if the pharmacist called upon
  469  to fill such an order determines, in the exercise of his or her
  470  professional judgment, that the order was issued pursuant to a
  471  valid patient-physician relationship, that it is authentic, and
  472  that the drugs or medicinal supplies so ordered are considered
  473  necessary for the continuation of treatment of a chronic or
  474  recurrent illness.
  475         (b) The term does not include an order that is dispensed
  476  for administration by a licensed practitioner authorized by the
  477  laws of this state to administer such drugs or medicinal
  478  supplies.
  479         (c)However, If the physician writing the prescription is
  480  not known to the pharmacist, the pharmacist shall obtain proof
  481  to a reasonable certainty of the validity of the said
  482  prescription.
  483         (d) A prescription order for a controlled substance may
  484  shall not be issued on the same prescription blank with another
  485  prescription order for a controlled substance that which is
  486  named or described in a different schedule or with another, nor
  487  shall any prescription order for a controlled substance be
  488  issued on the same prescription blank as a prescription order
  489  for a medicinal drug, as defined in s. 465.003(8), that is which
  490  does not fall within the definition of a controlled substance as
  491  defined in this act.
  492         Section 10. Paragraphs (a), (d), and (f) of subsection (2)
  493  of section 893.04, Florida Statutes, are amended to read:
  494         893.04 Pharmacist and practitioner.—
  495         (2)(a) A pharmacist may not dispense a controlled substance
  496  listed in Schedule II, Schedule III, or Schedule IV to any
  497  patient or patient’s agent without first determining, in the
  498  exercise of her or his professional judgment, that the
  499  prescription order is valid. The pharmacist may dispense the
  500  controlled substance, in the exercise of her or his professional
  501  judgment, when the pharmacist or pharmacist’s agent has obtained
  502  satisfactory patient information from the patient or the
  503  patient’s agent.
  504         (d) Each written prescription written prescribed by a
  505  practitioner in this state for a controlled substance listed in
  506  Schedule II, Schedule III, or Schedule IV must include both a
  507  written and a numerical notation of the quantity of the
  508  controlled substance prescribed and a notation of the date in
  509  numerical, month/day/year format, or with the abbreviated month
  510  written out, or the month written out in whole. A pharmacist
  511  may, upon verification by the prescriber, document any
  512  information required by this paragraph. If the prescriber is not
  513  available to verify a prescription, the pharmacist may dispense
  514  the controlled substance, but may insist that the person to whom
  515  the controlled substance is dispensed provide valid photographic
  516  identification. If a prescription includes a numerical notation
  517  of the quantity of the controlled substance or date, but does
  518  not include the quantity or date written out in textual format,
  519  the pharmacist may dispense the controlled substance without
  520  verification by the prescriber of the quantity or date if the
  521  pharmacy previously dispensed another prescription for the
  522  person to whom the prescription was written.
  523         (f) A pharmacist may not knowingly dispense fill a
  524  prescription that has been forged for a controlled substance
  525  listed in Schedule II, Schedule III, or Schedule IV.
  526         Section 11. Subsection (1) of section 893.05, Florida
  527  Statutes, is amended to read:
  528         893.05 Practitioners and persons administering controlled
  529  substances in their absence.—
  530         (1)(a) A practitioner, in good faith and in the course of
  531  his or her professional practice only, may prescribe,
  532  administer, dispense, mix, or otherwise prepare a controlled
  533  substance, or the practitioner may cause the controlled
  534  substance same to be administered by a licensed nurse or an
  535  intern practitioner under his or her direction and supervision
  536  only.
  537         (b)Pursuant to s. 458.347(4)(g), s. 459.022(4)(f), or s.
  538  464.012(3), as applicable, a practitioner who supervises a
  539  licensed physician assistant or advanced registered nurse
  540  practitioner may authorize the licensed physician assistant or
  541  advanced registered nurse practitioner to order controlled
  542  substances for administration to a patient in a facility
  543  licensed under chapter 395.
  544         (c) A veterinarian may so prescribe, administer, dispense,
  545  mix, or prepare a controlled substance for use on animals only,
  546  and may cause the controlled substance it to be administered by
  547  an assistant or orderly under the veterinarian’s direction and
  548  supervision only.
  549         (d) A certified optometrist licensed under chapter 463 may
  550  not administer or prescribe a controlled substance listed in
  551  Schedule I or Schedule II of s. 893.03.
  552         Section 12. Subsection (26) of s. 400.462, subsection (1)
  553  of s. 401.445, subsection (18) of s. 409.906, and subsection (3)
  554  of s. 766.103, Florida Statutes, are reenacted for the purpose
  555  of incorporating the amendments made by this act to ss. 458.347
  556  and 459.022, Florida Statutes, in references thereto.
  557         Section 13. Subsection (1) of s. 401.445 and subsection (3)
  558  of s. 766.103, Florida Statutes, are reenacted for the purpose
  559  of incorporating the amendment made by this act to s. 464.012,
  560  Florida Statutes, in references thereto.
  561         Section 14. Paragraph (a) of subsection (1) of s. 409.9201,
  562  paragraph (pp) of subsection (1) of s. 458.331, paragraph (rr)
  563  of subsection (1) of s. 459.015, subsection (1) of s. 465.014,
  564  paragraph (c) of subsection (2) of s. 465.015, paragraph (s) of
  565  subsection (1) of s. 465.016, paragraph (j) of subsection (5) of
  566  s. 465.022, paragraph (h) of subsection (1) of s. 465.023, s.
  567  465.1901, subsection (43) of s. 499.003, and subsection (1) of
  568  s. 831.30, Florida Statutes, are reenacted for the purpose of
  569  incorporating the amendment made by this act to s. 465.003,
  570  Florida Statutes, in references thereto.
  571         Section 15. Paragraph (i) of subsection (5) of s. 112.0455,
  572  paragraph (b) of subsection (7) of s. 381.986, paragraph (l) of
  573  subsection (1) of s. 440.102, paragraph (pp) of subsection (1)
  574  of s. 458.331, paragraph (rr) of subsection (1) of s. 459.015,
  575  subsection (3) of s. 465.015, paragraph (s) of subsection (1) of
  576  s. 465.016, paragraph (j) of subsection (5) of s. 465.022,
  577  paragraph (h) of subsection (1) of s. 465.023, subsection (14)
  578  of s. 499.0121, paragraph (b) of subsection (1) of s. 768.36,
  579  paragraph (f) of subsection (3) of s. 810.02, paragraph (c) of
  580  subsection (2) of s. 812.014, paragraph (c) of subsection (1) of
  581  s. 856.015, paragraph (a) of subsection (1) of s. 944.47,
  582  subsection (1) of s. 951.22, paragraph (a) of subsection (1) of
  583  s. 985.711, paragraph (i) of subsection (1) of s. 1003.57, and
  584  subsection (8) of s. 1006.09, Florida Statutes, are reenacted
  585  for the purpose of incorporating the amendment made by this act
  586  to s. 893.02, Florida Statutes, in references thereto.
  587         Section 16. Paragraph (e) of subsection (3) of s. 893.0551,
  588  Florida Statutes, is reenacted for the purpose of incorporating
  589  the amendment made by this act to s. 893.04, Florida Statutes,
  590  in a reference thereto.
  591         Section 17. Paragraph (d) of subsection (3) of s. 893.0551,
  592  Florida Statutes, is reenacted for the purpose of incorporating
  593  the amendment made by this act to s. 893.05, Florida Statutes,
  594  in a reference thereto.
  595         Section 18. This act shall take effect July 1, 2015.