Florida Senate - 2015                              CS for SB 614
       
       
        
       By the Committee on Health Policy; and Senator Grimsley
       
       
       
       
       
       588-02383-15                                           2015614c1
    1                        A bill to be entitled                      
    2         An act relating to drug prescription by advanced
    3         registered nurse practitioners and physician
    4         assistants; amending s. 110.12315, F.S.; expanding the
    5         categories of persons who may prescribe brand drugs
    6         under the prescription drug program when medically
    7         necessary; amending ss. 310.071, 310.073, and 310.081,
    8         F.S.; exempting controlled substances prescribed by an
    9         advanced registered nurse practitioner or a physician
   10         assistant from the disqualifications for certification
   11         or licensure, and for continued certification or
   12         licensure, as a deputy or state pilot; amending s.
   13         456.072, F.S.; applying existing penalties for
   14         violations relating to the prescribing or dispensing
   15         of controlled substances to an advanced registered
   16         nurse practitioner; amending s. 456.44, F.S.; deleting
   17         an obsolete date; requiring advanced registered nurse
   18         practitioners and physician assistants who prescribe
   19         controlled substances for certain pain to make a
   20         certain designation, comply with registration
   21         requirements, and follow specified standards of
   22         practice; providing applicability; amending ss.
   23         458.3265 and 459.0137, F.S.; limiting the authority to
   24         prescribe a controlled substance in a pain-management
   25         clinic to a physician licensed under ch. 458 or ch.
   26         459, F.S.; amending s. 458.347, F.S.; expanding the
   27         prescribing authority of a licensed physician
   28         assistant; amending s. 464.012, F.S.; authorizing an
   29         advanced registered nurse practitioner to prescribe,
   30         dispense, administer, or order drugs, rather than to
   31         monitor and alter drug therapies; amending s. 464.018,
   32         F.S.; specifying acts that constitute grounds for
   33         denial of a license for or disciplinary action against
   34         an advanced registered nurse practitioner; amending s.
   35         893.02, F.S.; redefining the term “practitioner” to
   36         include advanced registered nurse practitioners and
   37         physician assistants under the Florida Comprehensive
   38         Drug Abuse Prevention and Control Act; amending s.
   39         948.03, F.S.; providing that possession of drugs or
   40         narcotics prescribed by an advanced registered nurse
   41         practitioner or physician assistant is an exception
   42         from a prohibition relating to the possession of drugs
   43         or narcotics during probation; reenacting s.
   44         310.071(3), F.S., to incorporate the amendment made to
   45         s. 310.071, F.S., in a reference thereto; reenacting
   46         ss. 458.331(10), 458.347(7)(g), 459.015(10),
   47         459.022(7)(f), and 465.0158(5)(b), F.S., to
   48         incorporate the amendment made to s. 456.072, F.S., in
   49         references thereto; reenacting ss. 456.072(1)(mm) and
   50         466.02751, F.S., to incorporate the amendment made to
   51         s. 456.44, F.S., in references thereto; reenacting ss.
   52         458.303, 458.347(4)(e) and (9)(c), 458.3475(7)(b),
   53         459.022(4)(e) and (9)(c), and 459.023(7)(b), F.S., to
   54         incorporate the amendment made to s. 458.347, F.S., in
   55         references thereto; reenacting ss. 456.041(1)(a),
   56         458.348(1) and (2), and 459.025(1), F.S., to
   57         incorporate the amendment made to s. 464.012, F.S., in
   58         references thereto; reenacting ss. 320.0848(11),
   59         464.008(2), 464.009(5), 464.018(2), and
   60         464.0205(1)(b), (3), and (4)(b), F.S., to incorporate
   61         the amendment made to s. 464.018, F.S., in references
   62         thereto; reenacting s. 775.051, F.S., to incorporate
   63         the amendment made to s. 893.02, F.S., in a reference
   64         thereto; reenacting ss. 944.17(3)(a), 948.001(8), and
   65         948.101(1)(e), F.S., to incorporate the amendment made
   66         to s. 948.03, F.S., in references thereto; providing
   67         an effective date.
   68          
   69  Be It Enacted by the Legislature of the State of Florida:
   70  
   71         Section 1. Subsection (7) of section 110.12315, Florida
   72  Statutes, is amended to read:
   73         110.12315 Prescription drug program.—The state employees’
   74  prescription drug program is established. This program shall be
   75  administered by the Department of Management Services, according
   76  to the terms and conditions of the plan as established by the
   77  relevant provisions of the annual General Appropriations Act and
   78  implementing legislation, subject to the following conditions:
   79         (7) The department shall establish the reimbursement
   80  schedule for prescription pharmaceuticals dispensed under the
   81  program. Reimbursement rates for a prescription pharmaceutical
   82  must be based on the cost of the generic equivalent drug if a
   83  generic equivalent exists, unless the physician, advanced
   84  registered nurse practitioner, or physician assistant
   85  prescribing the pharmaceutical clearly states on the
   86  prescription that the brand name drug is medically necessary or
   87  that the drug product is included on the formulary of drug
   88  products that may not be interchanged as provided in chapter
   89  465, in which case reimbursement must be based on the cost of
   90  the brand name drug as specified in the reimbursement schedule
   91  adopted by the department.
   92         Section 2. Paragraph (c) of subsection (1) of section
   93  310.071, Florida Statutes, is amended to read:
   94         310.071 Deputy pilot certification.—
   95         (1) In addition to meeting other requirements specified in
   96  this chapter, each applicant for certification as a deputy pilot
   97  must:
   98         (c) Be in good physical and mental health, as evidenced by
   99  documentary proof of having satisfactorily passed a complete
  100  physical examination administered by a licensed physician within
  101  the preceding 6 months. The board shall adopt rules to establish
  102  requirements for passing the physical examination, which rules
  103  shall establish minimum standards for the physical or mental
  104  capabilities necessary to carry out the professional duties of a
  105  certificated deputy pilot. Such standards shall include zero
  106  tolerance for any controlled substance regulated under chapter
  107  893 unless that individual is under the care of a physician,
  108  advanced registered nurse practitioner, or physician assistant
  109  and that controlled substance was prescribed by that physician,
  110  advanced registered nurse practitioner, or physician assistant.
  111  To maintain eligibility as a certificated deputy pilot, each
  112  certificated deputy pilot must annually provide documentary
  113  proof of having satisfactorily passed a complete physical
  114  examination administered by a licensed physician. The physician
  115  must know the minimum standards and certify that the
  116  certificateholder satisfactorily meets the standards. The
  117  standards for certificateholders shall include a drug test.
  118         Section 3. Subsection (3) of section 310.073, Florida
  119  Statutes, is amended to read:
  120         310.073 State pilot licensing.—In addition to meeting other
  121  requirements specified in this chapter, each applicant for
  122  license as a state pilot must:
  123         (3) Be in good physical and mental health, as evidenced by
  124  documentary proof of having satisfactorily passed a complete
  125  physical examination administered by a licensed physician within
  126  the preceding 6 months. The board shall adopt rules to establish
  127  requirements for passing the physical examination, which rules
  128  shall establish minimum standards for the physical or mental
  129  capabilities necessary to carry out the professional duties of a
  130  licensed state pilot. Such standards shall include zero
  131  tolerance for any controlled substance regulated under chapter
  132  893 unless that individual is under the care of a physician,
  133  advanced registered nurse practitioner, or physician assistant
  134  and that controlled substance was prescribed by that physician,
  135  advanced registered nurse practitioner, or physician assistant.
  136  To maintain eligibility as a licensed state pilot, each licensed
  137  state pilot must annually provide documentary proof of having
  138  satisfactorily passed a complete physical examination
  139  administered by a licensed physician. The physician must know
  140  the minimum standards and certify that the licensee
  141  satisfactorily meets the standards. The standards for licensees
  142  shall include a drug test.
  143         Section 4. Paragraph (b) of subsection (3) of section
  144  310.081, Florida Statutes, is amended to read:
  145         310.081 Department to examine and license state pilots and
  146  certificate deputy pilots; vacancies.—
  147         (3) Pilots shall hold their licenses or certificates
  148  pursuant to the requirements of this chapter so long as they:
  149         (b) Are in good physical and mental health as evidenced by
  150  documentary proof of having satisfactorily passed a physical
  151  examination administered by a licensed physician or physician
  152  assistant within each calendar year. The board shall adopt rules
  153  to establish requirements for passing the physical examination,
  154  which rules shall establish minimum standards for the physical
  155  or mental capabilities necessary to carry out the professional
  156  duties of a licensed state pilot or a certificated deputy pilot.
  157  Such standards shall include zero tolerance for any controlled
  158  substance regulated under chapter 893 unless that individual is
  159  under the care of a physician, advanced registered nurse
  160  practitioner, or physician assistant and that controlled
  161  substance was prescribed by that physician, advanced registered
  162  nurse practitioner, or physician assistant. To maintain
  163  eligibility as a certificated deputy pilot or licensed state
  164  pilot, each certificated deputy pilot or licensed state pilot
  165  must annually provide documentary proof of having satisfactorily
  166  passed a complete physical examination administered by a
  167  licensed physician. The physician must know the minimum
  168  standards and certify that the certificateholder or licensee
  169  satisfactorily meets the standards. The standards for
  170  certificateholders and for licensees shall include a drug test.
  171  
  172  Upon resignation or in the case of disability permanently
  173  affecting a pilot’s ability to serve, the state license or
  174  certificate issued under this chapter shall be revoked by the
  175  department.
  176         Section 5. Subsection (7) of section 456.072, Florida
  177  Statutes, is amended to read:
  178         456.072 Grounds for discipline; penalties; enforcement.—
  179         (7) Notwithstanding subsection (2), upon a finding that a
  180  physician has prescribed or dispensed a controlled substance, or
  181  caused a controlled substance to be prescribed or dispensed, in
  182  a manner that violates the standard of practice set forth in s.
  183  458.331(1)(q) or (t), s. 459.015(1)(t) or (x), s. 461.013(1)(o)
  184  or (s), or s. 466.028(1)(p) or (x), or that an advanced
  185  registered nurse practitioner has prescribed or dispensed a
  186  controlled substance, or caused a controlled substance to be
  187  prescribed or dispensed, in a manner that violates the standard
  188  of practice set forth in s. 464.018(1)(n) or (p)6., the
  189  physician or advanced registered nurse practitioner shall be
  190  suspended for a period of not less than 6 months and pay a fine
  191  of not less than $10,000 per count. Repeated violations shall
  192  result in increased penalties.
  193         Section 6. Subsections (2) and (3) of section 456.44,
  194  Florida Statutes, are amended to read:
  195         456.44 Controlled substance prescribing.—
  196         (2) REGISTRATION.—Effective January 1, 2012, A physician
  197  licensed under chapter 458, chapter 459, chapter 461, or chapter
  198  466, a physician assistant licensed under chapter 458 or chapter
  199  459, or an advanced registered nurse practitioner certified
  200  under part I of chapter 464 who prescribes any controlled
  201  substance, listed in Schedule II, Schedule III, or Schedule IV
  202  as defined in s. 893.03, for the treatment of chronic
  203  nonmalignant pain, must:
  204         (a) Designate himself or herself as a controlled substance
  205  prescribing practitioner on his or her the physician’s
  206  practitioner profile.
  207         (b) Comply with the requirements of this section and
  208  applicable board rules.
  209         (3) STANDARDS OF PRACTICE.—The standards of practice in
  210  this section do not supersede the level of care, skill, and
  211  treatment recognized in general law related to health care
  212  licensure.
  213         (a) A complete medical history and a physical examination
  214  must be conducted before beginning any treatment and must be
  215  documented in the medical record. The exact components of the
  216  physical examination shall be left to the judgment of the
  217  registrant clinician who is expected to perform a physical
  218  examination proportionate to the diagnosis that justifies a
  219  treatment. The medical record must, at a minimum, document the
  220  nature and intensity of the pain, current and past treatments
  221  for pain, underlying or coexisting diseases or conditions, the
  222  effect of the pain on physical and psychological function, a
  223  review of previous medical records, previous diagnostic studies,
  224  and history of alcohol and substance abuse. The medical record
  225  shall also document the presence of one or more recognized
  226  medical indications for the use of a controlled substance. Each
  227  registrant must develop a written plan for assessing each
  228  patient’s risk of aberrant drug-related behavior, which may
  229  include patient drug testing. Registrants must assess each
  230  patient’s risk for aberrant drug-related behavior and monitor
  231  that risk on an ongoing basis in accordance with the plan.
  232         (b) Each registrant must develop a written individualized
  233  treatment plan for each patient. The treatment plan shall state
  234  objectives that will be used to determine treatment success,
  235  such as pain relief and improved physical and psychosocial
  236  function, and shall indicate if any further diagnostic
  237  evaluations or other treatments are planned. After treatment
  238  begins, the registrant physician shall adjust drug therapy to
  239  the individual medical needs of each patient. Other treatment
  240  modalities, including a rehabilitation program, shall be
  241  considered depending on the etiology of the pain and the extent
  242  to which the pain is associated with physical and psychosocial
  243  impairment. The interdisciplinary nature of the treatment plan
  244  shall be documented.
  245         (c) The registrant physician shall discuss the risks and
  246  benefits of the use of controlled substances, including the
  247  risks of abuse and addiction, as well as physical dependence and
  248  its consequences, with the patient, persons designated by the
  249  patient, or the patient’s surrogate or guardian if the patient
  250  is incompetent. The registrant physician shall use a written
  251  controlled substance agreement between the registrant physician
  252  and the patient outlining the patient’s responsibilities,
  253  including, but not limited to:
  254         1. Number and frequency of controlled substance
  255  prescriptions and refills.
  256         2. Patient compliance and reasons for which drug therapy
  257  may be discontinued, such as a violation of the agreement.
  258         3. An agreement that controlled substances for the
  259  treatment of chronic nonmalignant pain shall be prescribed by a
  260  single treating registrant physician unless otherwise authorized
  261  by the treating registrant physician and documented in the
  262  medical record.
  263         (d) The patient shall be seen by the registrant physician
  264  at regular intervals, not to exceed 3 months, to assess the
  265  efficacy of treatment, ensure that controlled substance therapy
  266  remains indicated, evaluate the patient’s progress toward
  267  treatment objectives, consider adverse drug effects, and review
  268  the etiology of the pain. Continuation or modification of
  269  therapy shall depend on the registrant’s physician’s evaluation
  270  of the patient’s progress. If treatment goals are not being
  271  achieved, despite medication adjustments, the registrant
  272  physician shall reevaluate the appropriateness of continued
  273  treatment. The registrant physician shall monitor patient
  274  compliance in medication usage, related treatment plans,
  275  controlled substance agreements, and indications of substance
  276  abuse or diversion at a minimum of 3-month intervals.
  277         (e) The registrant physician shall refer the patient as
  278  necessary for additional evaluation and treatment in order to
  279  achieve treatment objectives. Special attention shall be given
  280  to those patients who are at risk for misusing their medications
  281  and those whose living arrangements pose a risk for medication
  282  misuse or diversion. The management of pain in patients with a
  283  history of substance abuse or with a comorbid psychiatric
  284  disorder requires extra care, monitoring, and documentation and
  285  requires consultation with or referral to an addiction medicine
  286  specialist or psychiatrist.
  287         (f) A registrant physician registered under this section
  288  must maintain accurate, current, and complete records that are
  289  accessible and readily available for review and comply with the
  290  requirements of this section, the applicable practice act, and
  291  applicable board rules. The medical records must include, but
  292  are not limited to:
  293         1. The complete medical history and a physical examination,
  294  including history of drug abuse or dependence.
  295         2. Diagnostic, therapeutic, and laboratory results.
  296         3. Evaluations and consultations.
  297         4. Treatment objectives.
  298         5. Discussion of risks and benefits.
  299         6. Treatments.
  300         7. Medications, including date, type, dosage, and quantity
  301  prescribed.
  302         8. Instructions and agreements.
  303         9. Periodic reviews.
  304         10. Results of any drug testing.
  305         11. A photocopy of the patient’s government-issued photo
  306  identification.
  307         12. If a written prescription for a controlled substance is
  308  given to the patient, a duplicate of the prescription.
  309         13. The registrant’s physician’s full name presented in a
  310  legible manner.
  311         (g) Patients with signs or symptoms of substance abuse
  312  shall be immediately referred to a board-certified pain
  313  management physician, an addiction medicine specialist, or a
  314  mental health addiction facility as it pertains to drug abuse or
  315  addiction unless the registrant is a physician who is board
  316  certified or board-eligible in pain management. Throughout the
  317  period of time before receiving the consultant’s report, a
  318  prescribing registrant physician shall clearly and completely
  319  document medical justification for continued treatment with
  320  controlled substances and those steps taken to ensure medically
  321  appropriate use of controlled substances by the patient. Upon
  322  receipt of the consultant’s written report, the prescribing
  323  registrant physician shall incorporate the consultant’s
  324  recommendations for continuing, modifying, or discontinuing
  325  controlled substance therapy. The resulting changes in treatment
  326  shall be specifically documented in the patient’s medical
  327  record. Evidence or behavioral indications of diversion shall be
  328  followed by discontinuation of controlled substance therapy, and
  329  the patient shall be discharged, and all results of testing and
  330  actions taken by the registrant physician shall be documented in
  331  the patient’s medical record.
  332  
  333  This subsection does not apply to a board-eligible or board
  334  certified anesthesiologist, physiatrist, rheumatologist, or
  335  neurologist, or to a board-certified physician who has surgical
  336  privileges at a hospital or ambulatory surgery center and
  337  primarily provides surgical services. This subsection does not
  338  apply to a board-eligible or board-certified medical specialist
  339  who has also completed a fellowship in pain medicine approved by
  340  the Accreditation Council for Graduate Medical Education or the
  341  American Osteopathic Association, or who is board eligible or
  342  board certified in pain medicine by the American Board of Pain
  343  Medicine, the American Board of Interventional Pain Physicians,
  344  the American Association of Physician Specialists, or a board
  345  approved by the American Board of Medical Specialties or the
  346  American Osteopathic Association and performs interventional
  347  pain procedures of the type routinely billed using surgical
  348  codes. This subsection does not apply to a registrant, advanced
  349  registered nurse practitioner, or physician assistant who
  350  prescribes medically necessary controlled substances for a
  351  patient during an inpatient stay in a hospital licensed under
  352  chapter 395.
  353         Section 7. Paragraph (b) of subsection (2) of section
  354  458.3265, Florida Statutes, is amended to read:
  355         458.3265 Pain-management clinics.—
  356         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
  357  apply to any physician who provides professional services in a
  358  pain-management clinic that is required to be registered in
  359  subsection (1).
  360         (b) A person may not dispense any medication on the
  361  premises of a registered pain-management clinic unless he or she
  362  is a physician licensed under this chapter or chapter 459. A
  363  person may not prescribe any controlled substance regulated
  364  under chapter 893 on the premises of a registered pain
  365  management clinic unless he or she is a physician licensed under
  366  this chapter or chapter 459.
  367         Section 8. Paragraph (f) of subsection (4) of section
  368  458.347, Florida Statutes, is amended to read:
  369         458.347 Physician assistants.—
  370         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  371         (f)1. The council shall establish a formulary of medicinal
  372  drugs that a fully licensed physician assistant having
  373  prescribing authority under this section or s. 459.022 may not
  374  prescribe. The formulary must include controlled substances as
  375  defined in chapter 893, general anesthetics, and radiographic
  376  contrast materials.
  377         2. In establishing the formulary, the council shall consult
  378  with a pharmacist licensed under chapter 465, but not licensed
  379  under this chapter or chapter 459, who shall be selected by the
  380  State Surgeon General.
  381         3. Only the council shall add to, delete from, or modify
  382  the formulary. Any person who requests an addition, deletion, or
  383  modification of a medicinal drug listed on such formulary has
  384  the burden of proof to show cause why such addition, deletion,
  385  or modification should be made.
  386         4. The boards shall adopt the formulary required by this
  387  paragraph, and each addition, deletion, or modification to the
  388  formulary, by rule. Notwithstanding any provision of chapter 120
  389  to the contrary, the formulary rule shall be effective 60 days
  390  after the date it is filed with the Secretary of State. Upon
  391  adoption of the formulary, the department shall mail a copy of
  392  such formulary to each fully licensed physician assistant having
  393  prescribing authority under this section or s. 459.022, and to
  394  each pharmacy licensed by the state. The boards shall establish,
  395  by rule, a fee not to exceed $200 to fund the provisions of this
  396  paragraph and paragraph (e).
  397         Section 9. Paragraph (b) of subsection (2) of section
  398  459.0137, Florida Statutes, is amended to read:
  399         459.0137 Pain-management clinics.—
  400         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
  401  apply to any osteopathic physician who provides professional
  402  services in a pain-management clinic that is required to be
  403  registered in subsection (1).
  404         (b) A person may not dispense any medication on the
  405  premises of a registered pain-management clinic unless he or she
  406  is a physician licensed under this chapter or chapter 458. A
  407  person may not prescribe any controlled substance regulated
  408  under chapter 893 on the premises of a registered pain
  409  management clinic unless he or she is a physician licensed under
  410  this chapter or chapter 458.
  411         Section 10. Section 464.012, Florida Statutes, is amended
  412  to read:
  413         464.012 Certification of advanced registered nurse
  414  practitioners; fees; controlled substance prescribing.—
  415         (1) Any nurse desiring to be certified as an advanced
  416  registered nurse practitioner shall apply to the department and
  417  submit proof that he or she holds a current license to practice
  418  professional nursing and that he or she meets one or more of the
  419  following requirements as determined by the board:
  420         (a) Satisfactory completion of a formal postbasic
  421  educational program of at least one academic year, the primary
  422  purpose of which is to prepare nurses for advanced or
  423  specialized practice.
  424         (b) Certification by an appropriate specialty board. Such
  425  certification shall be required for initial state certification
  426  and any recertification as a registered nurse anesthetist or
  427  nurse midwife. The board may by rule provide for provisional
  428  state certification of graduate nurse anesthetists and nurse
  429  midwives for a period of time determined to be appropriate for
  430  preparing for and passing the national certification
  431  examination.
  432         (c) Graduation from a program leading to a master’s degree
  433  in a nursing clinical specialty area with preparation in
  434  specialized practitioner skills. For applicants graduating on or
  435  after October 1, 1998, graduation from a master’s degree program
  436  shall be required for initial certification as a nurse
  437  practitioner under paragraph (4)(c). For applicants graduating
  438  on or after October 1, 2001, graduation from a master’s degree
  439  program shall be required for initial certification as a
  440  registered nurse anesthetist under paragraph (4)(a).
  441         (2) The board shall provide by rule the appropriate
  442  requirements for advanced registered nurse practitioners in the
  443  categories of certified registered nurse anesthetist, certified
  444  nurse midwife, and nurse practitioner.
  445         (3) An advanced registered nurse practitioner shall perform
  446  those functions authorized in this section within the framework
  447  of an established protocol that is filed with the board upon
  448  biennial license renewal and within 30 days after entering into
  449  a supervisory relationship with a physician or changes to the
  450  protocol. The board shall review the protocol to ensure
  451  compliance with applicable regulatory standards for protocols.
  452  The board shall refer to the department licensees submitting
  453  protocols that are not compliant with the regulatory standards
  454  for protocols. A practitioner currently licensed under chapter
  455  458, chapter 459, or chapter 466 shall maintain supervision for
  456  directing the specific course of medical treatment. Within the
  457  established framework, an advanced registered nurse practitioner
  458  may:
  459         (a) Prescribe, dispense, administer, or order any Monitor
  460  and alter drug therapies.
  461         (b) Initiate appropriate therapies for certain conditions.
  462         (c) Perform additional functions as may be determined by
  463  rule in accordance with s. 464.003(2).
  464         (d) Order diagnostic tests and physical and occupational
  465  therapy.
  466         (4) In addition to the general functions specified in
  467  subsection (3), an advanced registered nurse practitioner may
  468  perform the following acts within his or her specialty:
  469         (a) The certified registered nurse anesthetist may, to the
  470  extent authorized by established protocol approved by the
  471  medical staff of the facility in which the anesthetic service is
  472  performed, perform any or all of the following:
  473         1. Determine the health status of the patient as it relates
  474  to the risk factors and to the anesthetic management of the
  475  patient through the performance of the general functions.
  476         2. Based on history, physical assessment, and supplemental
  477  laboratory results, determine, with the consent of the
  478  responsible physician, the appropriate type of anesthesia within
  479  the framework of the protocol.
  480         3. Order under the protocol preanesthetic medication.
  481         4. Perform under the protocol procedures commonly used to
  482  render the patient insensible to pain during the performance of
  483  surgical, obstetrical, therapeutic, or diagnostic clinical
  484  procedures. These procedures include ordering and administering
  485  regional, spinal, and general anesthesia; inhalation agents and
  486  techniques; intravenous agents and techniques; and techniques of
  487  hypnosis.
  488         5. Order or perform monitoring procedures indicated as
  489  pertinent to the anesthetic health care management of the
  490  patient.
  491         6. Support life functions during anesthesia health care,
  492  including induction and intubation procedures, the use of
  493  appropriate mechanical supportive devices, and the management of
  494  fluid, electrolyte, and blood component balances.
  495         7. Recognize and take appropriate corrective action for
  496  abnormal patient responses to anesthesia, adjunctive medication,
  497  or other forms of therapy.
  498         8. Recognize and treat a cardiac arrhythmia while the
  499  patient is under anesthetic care.
  500         9. Participate in management of the patient while in the
  501  postanesthesia recovery area, including ordering the
  502  administration of fluids and drugs.
  503         10. Place special peripheral and central venous and
  504  arterial lines for blood sampling and monitoring as appropriate.
  505         (b) The certified nurse midwife may, to the extent
  506  authorized by an established protocol which has been approved by
  507  the medical staff of the health care facility in which the
  508  midwifery services are performed, or approved by the nurse
  509  midwife’s physician backup when the delivery is performed in a
  510  patient’s home, perform any or all of the following:
  511         1. Perform superficial minor surgical procedures.
  512         2. Manage the patient during labor and delivery to include
  513  amniotomy, episiotomy, and repair.
  514         3. Order, initiate, and perform appropriate anesthetic
  515  procedures.
  516         4. Perform postpartum examination.
  517         5. Order appropriate medications.
  518         6. Provide family-planning services and well-woman care.
  519         7. Manage the medical care of the normal obstetrical
  520  patient and the initial care of a newborn patient.
  521         (c) The nurse practitioner may perform any or all of the
  522  following acts within the framework of established protocol:
  523         1. Manage selected medical problems.
  524         2. Order physical and occupational therapy.
  525         3. Initiate, monitor, or alter therapies for certain
  526  uncomplicated acute illnesses.
  527         4. Monitor and manage patients with stable chronic
  528  diseases.
  529         5. Establish behavioral problems and diagnosis and make
  530  treatment recommendations.
  531         (5) The board shall certify, and the department shall issue
  532  a certificate to, any nurse meeting the qualifications in this
  533  section. The board shall establish an application fee not to
  534  exceed $100 and a biennial renewal fee not to exceed $50. The
  535  board is authorized to adopt such other rules as are necessary
  536  to implement the provisions of this section.
  537  
  538         Section 11. Paragraph (p) is added to subsection (1) of
  539  section 464.018, Florida Statutes, to read:
  540         464.018 Disciplinary actions.—
  541         (1) The following acts constitute grounds for denial of a
  542  license or disciplinary action, as specified in s. 456.072(2):
  543         (p)For an advanced registered nurse practitioner:
  544         1.Presigning blank prescription forms.
  545         2.Prescribing for office use any medicinal drug appearing
  546  on Schedule II in chapter 893.
  547         3.Prescribing, ordering, dispensing, administering,
  548  supplying, selling, or giving a drug that is an amphetamine or a
  549  sympathomimetic amine drug, or a compound designated pursuant to
  550  chapter 893 as a Schedule II controlled substance, to or for any
  551  person except for:
  552         a. The treatment of narcolepsy; hyperkinesis; behavioral
  553  syndrome in children characterized by the developmentally
  554  inappropriate symptoms of moderate to severe distractibility,
  555  short attention span, hyperactivity, emotional lability, and
  556  impulsivity; or drug-induced brain dysfunction.
  557         b. The differential diagnostic psychiatric evaluation of
  558  depression or the treatment of depression shown to be refractory
  559  to other therapeutic modalities.
  560         c. The clinical investigation of the effects of such drugs
  561  or compounds when an investigative protocol is submitted to,
  562  reviewed by, and approved by the department before such
  563  investigation is begun.
  564         4. Prescribing, ordering, dispensing, administering,
  565  supplying, selling, or giving growth hormones, testosterone or
  566  its analogs, human chorionic gonadotropin (HCG), or other
  567  hormones for the purpose of muscle building or to enhance
  568  athletic performance. As used in this subparagraph, the term
  569  “muscle building” does not include the treatment of injured
  570  muscle. A prescription written for the drug products listed in
  571  this paragraph may be dispensed by a pharmacist with the
  572  presumption that the prescription is for legitimate medical use.
  573         5. Promoting or advertising on any prescription form a
  574  community pharmacy unless the form also states: “This
  575  prescription may be filled at any pharmacy of your choice.”
  576         6.Prescribing, dispensing, administering, mixing, or
  577  otherwise preparing a legend drug, including a controlled
  578  substance, other than in the course of his or her professional
  579  practice. For the purposes of this subparagraph, it is legally
  580  presumed that prescribing, dispensing, administering, mixing, or
  581  otherwise preparing legend drugs, including all controlled
  582  substances, inappropriately or in excessive or inappropriate
  583  quantities is not in the best interest of the patient and is not
  584  in the course of the advanced registered nurse practitioner’s
  585  professional practice, without regard to his or her intent.
  586         7.Prescribing, dispensing, or administering a medicinal
  587  drug appearing on any schedule set forth in chapter 893 to
  588  himself or herself, except a drug prescribed, dispensed, or
  589  administered to the advanced registered nurse practitioner by
  590  another practitioner authorized to prescribe, dispense, or
  591  administer medicinal drugs.
  592         8.Prescribing, ordering, dispensing, administering,
  593  supplying, selling, or giving amygdalin (laetrile) to any
  594  person.
  595         9.Dispensing a controlled substance listed on Schedule II
  596  or Schedule III in chapter 893 in violation of s. 465.0276.
  597         10.Promoting or advertising through any communication
  598  medium the use, sale, or dispensing of a controlled substance
  599  appearing on any schedule in chapter 893.
  600         Section 12. Subsection (21) of section 893.02, Florida
  601  Statutes, is amended to read:
  602         893.02 Definitions.—The following words and phrases as used
  603  in this chapter shall have the following meanings, unless the
  604  context otherwise requires:
  605         (21) “Practitioner” means a physician licensed under
  606  pursuant to chapter 458, a dentist licensed under pursuant to
  607  chapter 466, a veterinarian licensed under pursuant to chapter
  608  474, an osteopathic physician licensed under pursuant to chapter
  609  459, an advanced registered nurse practitioner certified under
  610  chapter 464, a naturopath licensed under pursuant to chapter
  611  462, a certified optometrist licensed under pursuant to chapter
  612  463, or a podiatric physician licensed under pursuant to chapter
  613  461, or a physician assistant licensed under chapter 458 or
  614  chapter 459, provided such practitioner holds a valid federal
  615  controlled substance registry number.
  616         Section 13. Paragraph (n) of subsection (1) of section
  617  948.03, Florida Statutes, is amended to read:
  618         948.03 Terms and conditions of probation.—
  619         (1) The court shall determine the terms and conditions of
  620  probation. Conditions specified in this section do not require
  621  oral pronouncement at the time of sentencing and may be
  622  considered standard conditions of probation. These conditions
  623  may include among them the following, that the probationer or
  624  offender in community control shall:
  625         (n) Be prohibited from using intoxicants to excess or
  626  possessing any drugs or narcotics unless prescribed by a
  627  physician, advanced registered nurse practitioner, or physician
  628  assistant. The probationer or community controllee may shall not
  629  knowingly visit places where intoxicants, drugs, or other
  630  dangerous substances are unlawfully sold, dispensed, or used.
  631         Section 14. Subsection (3) of s. 310.071, Florida Statutes,
  632  is reenacted for the purpose of incorporating the amendment made
  633  by this act to s. 310.071, Florida Statutes, in a reference
  634  thereto.
  635         Section 15. Subsection (10) of s. 458.331, paragraph (g) of
  636  subsection (7) of s. 458.347, subsection (10) of s. 459.015,
  637  paragraph (f) of subsection (7) of s. 459.022, and paragraph (b)
  638  of subsection (5) of s. 465.0158, Florida Statutes, are
  639  reenacted for the purpose of incorporating the amendment made by
  640  this act to s. 456.072, Florida Statutes, in references thereto.
  641         Section 16. Paragraph (mm) of subsection (1) of s. 456.072
  642  and s. 466.02751, Florida Statutes, are reenacted for the
  643  purpose of incorporating the amendment made by this act to s.
  644  456.44, Florida Statutes, in references thereto.
  645         Section 17. Section 458.303, paragraph (e) of subsection
  646  (4) and paragraph (c) of subsection (9) of s. 458.347, paragraph
  647  (b) of subsection (7) of s. 458.3475, paragraph (e) of
  648  subsection (4) and paragraph (c) of subsection (9) of s.
  649  459.022, and paragraph (b) of subsection (7) of s. 459.023,
  650  Florida Statutes, are reenacted for the purpose of incorporating
  651  the amendment made by this act to s. 458.347, Florida Statutes,
  652  in references thereto.
  653         Section 18. Paragraph (a) of subsection (1) of s. 456.041,
  654  subsections (1) and (2) of s. 458.348, and subsection (1) of s.
  655  459.025, Florida Statutes, are reenacted for the purpose of
  656  incorporating the amendment made by this act to s. 464.012,
  657  Florida Statutes, in references thereto.
  658         Section 19. Subsection (11) of s. 320.0848, subsection (2)
  659  of s. 464.008, subsection (5) of s. 464.009, subsection (2) of
  660  s. 464.018, and paragraph (b) of subsection (1), subsection (3),
  661  and paragraph (b) of subsection (4) of s. 464.0205, Florida
  662  Statutes, are reenacted for the purpose of incorporating the
  663  amendment made by this act to s. 464.018, Florida Statutes, in
  664  references thereto.
  665         Section 20. Section 775.051, Florida Statutes, is reenacted
  666  for the purpose of incorporating the amendment made by this act
  667  to s. 893.02, Florida Statutes, in a reference thereto.
  668         Section 21. Paragraph (a) of subsection (3) of s. 944.17,
  669  subsection (8) of s. 948.001, and paragraph (e) of subsection
  670  (1) of s. 948.101, Florida Statutes, are reenacted for the
  671  purpose of incorporating the amendment made by this act to s.
  672  948.03, Florida Statutes, in references thereto.
  673         Section 22. This act shall take effect July 1, 2015.