Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 614
       
       
       
       
       
       
                                Ì726338=Î726338                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/17/2015           .                                
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       The Committee on Health Policy (Grimsley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 346 - 409
    4  and insert:
    5  
    6         Section 7. Paragraph (b) of subsection (2) of section
    7  458.3265, Florida Statutes, is amended to read:
    8         458.3265 Pain-management clinics.—
    9         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
   10  apply to any physician who provides professional services in a
   11  pain-management clinic that is required to be registered in
   12  subsection (1).
   13         (b) A person may not dispense any medication on the
   14  premises of a registered pain-management clinic unless he or she
   15  is a physician licensed under this chapter or chapter 459. A
   16  person may not prescribe any controlled substance regulated
   17  under chapter 893 on the premises of a registered pain
   18  management clinic unless he or she is a physician licensed under
   19  this chapter or chapter 459.
   20         Section 8. Paragraph (f) of subsection (4) of section
   21  458.347, Florida Statutes, is amended to read:
   22         458.347 Physician assistants.—
   23         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
   24         (f)1. The council shall establish a formulary of medicinal
   25  drugs that a fully licensed physician assistant having
   26  prescribing authority under this section or s. 459.022 may not
   27  prescribe. The formulary must include controlled substances as
   28  defined in chapter 893, general anesthetics, and radiographic
   29  contrast materials.
   30         2. In establishing the formulary, the council shall consult
   31  with a pharmacist licensed under chapter 465, but not licensed
   32  under this chapter or chapter 459, who shall be selected by the
   33  State Surgeon General.
   34         3. Only the council shall add to, delete from, or modify
   35  the formulary. Any person who requests an addition, deletion, or
   36  modification of a medicinal drug listed on such formulary has
   37  the burden of proof to show cause why such addition, deletion,
   38  or modification should be made.
   39         4. The boards shall adopt the formulary required by this
   40  paragraph, and each addition, deletion, or modification to the
   41  formulary, by rule. Notwithstanding any provision of chapter 120
   42  to the contrary, the formulary rule shall be effective 60 days
   43  after the date it is filed with the Secretary of State. Upon
   44  adoption of the formulary, the department shall mail a copy of
   45  such formulary to each fully licensed physician assistant having
   46  prescribing authority under this section or s. 459.022, and to
   47  each pharmacy licensed by the state. The boards shall establish,
   48  by rule, a fee not to exceed $200 to fund the provisions of this
   49  paragraph and paragraph (e).
   50         Section 9. Paragraph (b) of subsection (2) of section
   51  459.0137, Florida Statutes, is amended to read:
   52         459.0137 Pain-management clinics.—
   53         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
   54  apply to any osteopathic physician who provides professional
   55  services in a pain-management clinic that is required to be
   56  registered in subsection (1).
   57         (b) A person may not dispense any medication on the
   58  premises of a registered pain-management clinic unless he or she
   59  is a physician licensed under this chapter or chapter 458. A
   60  person may not prescribe any controlled substance regulated
   61  under chapter 893 on the premises of a registered pain
   62  management clinic unless he or she is a physician licensed under
   63  this chapter or chapter 458.
   64         Section 10. Section 464.012, Florida Statutes, is amended
   65  to read:
   66         464.012 Certification of advanced registered nurse
   67  practitioners; fees; controlled substance prescribing.—
   68         (1) Any nurse desiring to be certified as an advanced
   69  registered nurse practitioner shall apply to the department and
   70  submit proof that he or she holds a current license to practice
   71  professional nursing and that he or she meets one or more of the
   72  following requirements as determined by the board:
   73         (a) Satisfactory completion of a formal postbasic
   74  educational program of at least one academic year, the primary
   75  purpose of which is to prepare nurses for advanced or
   76  specialized practice.
   77         (b) Certification by an appropriate specialty board. Such
   78  certification shall be required for initial state certification
   79  and any recertification as a registered nurse anesthetist or
   80  nurse midwife. The board may by rule provide for provisional
   81  state certification of graduate nurse anesthetists and nurse
   82  midwives for a period of time determined to be appropriate for
   83  preparing for and passing the national certification
   84  examination.
   85         (c) Graduation from a program leading to a master’s degree
   86  in a nursing clinical specialty area with preparation in
   87  specialized practitioner skills. For applicants graduating on or
   88  after October 1, 1998, graduation from a master’s degree program
   89  shall be required for initial certification as a nurse
   90  practitioner under paragraph (4)(c). For applicants graduating
   91  on or after October 1, 2001, graduation from a master’s degree
   92  program shall be required for initial certification as a
   93  registered nurse anesthetist under paragraph (4)(a).
   94         (2) The board shall provide by rule the appropriate
   95  requirements for advanced registered nurse practitioners in the
   96  categories of certified registered nurse anesthetist, certified
   97  nurse midwife, and nurse practitioner.
   98  
   99  
  100  ================= T I T L E  A M E N D M E N T ================
  101  And the title is amended as follows:
  102         Delete line 22
  103  and insert:
  104         practice; providing applicability; amending ss.
  105         458.3265 and 459.0137, F.S.; limiting the authority to
  106         prescribe a controlled substance in a pain-management
  107         clinic to a physician licensed under chapter 458 or
  108         chapter 459; amending s. 458.347,
  109