Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS/SB 12, 2nd Eng.
       
       
       
       
       
       
                                Ì589782UÎ589782                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/11/2016 11:13 AM       .                                
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       Senator Grimsley moved the following:
       
    1         Senate Amendment to House Amendment (171349) (with title
    2  amendment)
    3  
    4         Delete line 4950
    5  and insert:
    6         Section 101. Subsection (7) of section 110.12315, Florida
    7  Statutes, is amended to read:
    8         110.12315 Prescription drug program.—The state employees’
    9  prescription drug program is established. This program shall be
   10  administered by the Department of Management Services, according
   11  to the terms and conditions of the plan as established by the
   12  relevant provisions of the annual General Appropriations Act and
   13  implementing legislation, subject to the following conditions:
   14         (7) The department shall establish the reimbursement
   15  schedule for prescription pharmaceuticals dispensed under the
   16  program. Reimbursement rates for a prescription pharmaceutical
   17  must be based on the cost of the generic equivalent drug if a
   18  generic equivalent exists, unless the physician, advanced
   19  registered nurse practitioner, or physician assistant
   20  prescribing the pharmaceutical clearly states on the
   21  prescription that the brand name drug is medically necessary or
   22  that the drug product is included on the formulary of drug
   23  products that may not be interchanged as provided in chapter
   24  465, in which case reimbursement must be based on the cost of
   25  the brand name drug as specified in the reimbursement schedule
   26  adopted by the department.
   27         Section 102. Paragraph (c) of subsection (1) of section
   28  310.071, Florida Statutes, is amended, and subsection (3) of
   29  that section is republished, to read:
   30         310.071 Deputy pilot certification.—
   31         (1) In addition to meeting other requirements specified in
   32  this chapter, each applicant for certification as a deputy pilot
   33  must:
   34         (c) Be in good physical and mental health, as evidenced by
   35  documentary proof of having satisfactorily passed a complete
   36  physical examination administered by a licensed physician within
   37  the preceding 6 months. The board shall adopt rules to establish
   38  requirements for passing the physical examination, which rules
   39  shall establish minimum standards for the physical or mental
   40  capabilities necessary to carry out the professional duties of a
   41  certificated deputy pilot. Such standards shall include zero
   42  tolerance for any controlled substance regulated under chapter
   43  893 unless that individual is under the care of a physician, an
   44  advanced registered nurse practitioner, or a physician assistant
   45  and that controlled substance was prescribed by that physician,
   46  advanced registered nurse practitioner, or physician assistant.
   47  To maintain eligibility as a certificated deputy pilot, each
   48  certificated deputy pilot must annually provide documentary
   49  proof of having satisfactorily passed a complete physical
   50  examination administered by a licensed physician. The physician
   51  must know the minimum standards and certify that the
   52  certificateholder satisfactorily meets the standards. The
   53  standards for certificateholders shall include a drug test.
   54         (3) The initial certificate issued to a deputy pilot shall
   55  be valid for a period of 12 months, and at the end of this
   56  period, the certificate shall automatically expire and shall not
   57  be renewed. During this period, the board shall thoroughly
   58  evaluate the deputy pilot’s performance for suitability to
   59  continue training and shall make appropriate recommendations to
   60  the department. Upon receipt of a favorable recommendation by
   61  the board, the department shall issue a certificate to the
   62  deputy pilot, which shall be valid for a period of 2 years. The
   63  certificate may be renewed only two times, except in the case of
   64  a fully licensed pilot who is cross-licensed as a deputy pilot
   65  in another port, and provided the deputy pilot meets the
   66  requirements specified for pilots in paragraph (1)(c).
   67         Section 103. Subsection (3) of section 310.073, Florida
   68  Statutes, is amended to read:
   69         310.073 State pilot licensing.—In addition to meeting other
   70  requirements specified in this chapter, each applicant for
   71  license as a state pilot must:
   72         (3) Be in good physical and mental health, as evidenced by
   73  documentary proof of having satisfactorily passed a complete
   74  physical examination administered by a licensed physician within
   75  the preceding 6 months. The board shall adopt rules to establish
   76  requirements for passing the physical examination, which rules
   77  shall establish minimum standards for the physical or mental
   78  capabilities necessary to carry out the professional duties of a
   79  licensed state pilot. Such standards shall include zero
   80  tolerance for any controlled substance regulated under chapter
   81  893 unless that individual is under the care of a physician, an
   82  advanced registered nurse practitioner, or a physician assistant
   83  and that controlled substance was prescribed by that physician,
   84  advanced registered nurse practitioner, or physician assistant.
   85  To maintain eligibility as a licensed state pilot, each licensed
   86  state pilot must annually provide documentary proof of having
   87  satisfactorily passed a complete physical examination
   88  administered by a licensed physician. The physician must know
   89  the minimum standards and certify that the licensee
   90  satisfactorily meets the standards. The standards for licensees
   91  shall include a drug test.
   92         Section 104. Paragraph (b) of subsection (3) of section
   93  310.081, Florida Statutes, is amended to read:
   94         310.081 Department to examine and license state pilots and
   95  certificate deputy pilots; vacancies.—
   96         (3) Pilots shall hold their licenses or certificates
   97  pursuant to the requirements of this chapter so long as they:
   98         (b) Are in good physical and mental health as evidenced by
   99  documentary proof of having satisfactorily passed a physical
  100  examination administered by a licensed physician or physician
  101  assistant within each calendar year. The board shall adopt rules
  102  to establish requirements for passing the physical examination,
  103  which rules shall establish minimum standards for the physical
  104  or mental capabilities necessary to carry out the professional
  105  duties of a licensed state pilot or a certificated deputy pilot.
  106  Such standards shall include zero tolerance for any controlled
  107  substance regulated under chapter 893 unless that individual is
  108  under the care of a physician, an advanced registered nurse
  109  practitioner, or a physician assistant and that controlled
  110  substance was prescribed by that physician, advanced registered
  111  nurse practitioner, or physician assistant. To maintain
  112  eligibility as a certificated deputy pilot or licensed state
  113  pilot, each certificated deputy pilot or licensed state pilot
  114  must annually provide documentary proof of having satisfactorily
  115  passed a complete physical examination administered by a
  116  licensed physician. The physician must know the minimum
  117  standards and certify that the certificateholder or licensee
  118  satisfactorily meets the standards. The standards for
  119  certificateholders and for licensees shall include a drug test.
  120  
  121  Upon resignation or in the case of disability permanently
  122  affecting a pilot’s ability to serve, the state license or
  123  certificate issued under this chapter shall be revoked by the
  124  department.
  125         Section 105. Subsection (7) of section 456.072, Florida
  126  Statutes, is amended to read:
  127         456.072 Grounds for discipline; penalties; enforcement.—
  128         (7) Notwithstanding subsection (2), upon a finding that a
  129  physician has prescribed or dispensed a controlled substance, or
  130  caused a controlled substance to be prescribed or dispensed, in
  131  a manner that violates the standard of practice set forth in s.
  132  458.331(1)(q) or (t), s. 459.015(1)(t) or (x), s. 461.013(1)(o)
  133  or (s), or s. 466.028(1)(p) or (x), or that an advanced
  134  registered nurse practitioner has prescribed or dispensed a
  135  controlled substance, or caused a controlled substance to be
  136  prescribed or dispensed, in a manner that violates the standard
  137  of practice set forth in s. 464.018(1)(n) or (p)6., the
  138  physician or advanced registered nurse practitioner shall be
  139  suspended for a period of not less than 6 months and pay a fine
  140  of not less than $10,000 per count. Repeated violations shall
  141  result in increased penalties.
  142         Section 106. Section 456.44, Florida Statutes, is amended
  143  to read:
  144         456.44 Controlled substance prescribing.—
  145         (1) DEFINITIONS.—As used in this section, the term:
  146         (a) “Addiction medicine specialist” means a board-certified
  147  psychiatrist with a subspecialty certification in addiction
  148  medicine or who is eligible for such subspecialty certification
  149  in addiction medicine, an addiction medicine physician certified
  150  or eligible for certification by the American Society of
  151  Addiction Medicine, or an osteopathic physician who holds a
  152  certificate of added qualification in Addiction Medicine through
  153  the American Osteopathic Association.
  154         (b) “Adverse incident” means any incident set forth in s.
  155  458.351(4)(a)-(e) or s. 459.026(4)(a)-(e).
  156         (c) “Board-certified pain management physician” means a
  157  physician who possesses board certification in pain medicine by
  158  the American Board of Pain Medicine, board certification by the
  159  American Board of Interventional Pain Physicians, or board
  160  certification or subcertification in pain management or pain
  161  medicine by a specialty board recognized by the American
  162  Association of Physician Specialists or the American Board of
  163  Medical Specialties or an osteopathic physician who holds a
  164  certificate in Pain Management by the American Osteopathic
  165  Association.
  166         (d) “Board eligible” means successful completion of an
  167  anesthesia, physical medicine and rehabilitation, rheumatology,
  168  or neurology residency program approved by the Accreditation
  169  Council for Graduate Medical Education or the American
  170  Osteopathic Association for a period of 6 years from successful
  171  completion of such residency program.
  172         (e) “Chronic nonmalignant pain” means pain unrelated to
  173  cancer which persists beyond the usual course of disease or the
  174  injury that is the cause of the pain or more than 90 days after
  175  surgery.
  176         (f) “Mental health addiction facility” means a facility
  177  licensed under chapter 394 or chapter 397.
  178         (g) “Registrant” means a physician, a physician assistant,
  179  or an advanced registered nurse practitioner who meets the
  180  requirements of subsection (2).
  181         (2) REGISTRATION.—Effective January 1, 2012, A physician
  182  licensed under chapter 458, chapter 459, chapter 461, or chapter
  183  466, a physician assistant licensed under chapter 458 or chapter
  184  459, or an advanced registered nurse practitioner certified
  185  under part I of chapter 464 who prescribes any controlled
  186  substance, listed in Schedule II, Schedule III, or Schedule IV
  187  as defined in s. 893.03, for the treatment of chronic
  188  nonmalignant pain, must:
  189         (a) Designate himself or herself as a controlled substance
  190  prescribing practitioner on his or her the physician’s
  191  practitioner profile.
  192         (b) Comply with the requirements of this section and
  193  applicable board rules.
  194         (3) STANDARDS OF PRACTICE.—The standards of practice in
  195  this section do not supersede the level of care, skill, and
  196  treatment recognized in general law related to health care
  197  licensure.
  198         (a) A complete medical history and a physical examination
  199  must be conducted before beginning any treatment and must be
  200  documented in the medical record. The exact components of the
  201  physical examination shall be left to the judgment of the
  202  registrant clinician who is expected to perform a physical
  203  examination proportionate to the diagnosis that justifies a
  204  treatment. The medical record must, at a minimum, document the
  205  nature and intensity of the pain, current and past treatments
  206  for pain, underlying or coexisting diseases or conditions, the
  207  effect of the pain on physical and psychological function, a
  208  review of previous medical records, previous diagnostic studies,
  209  and history of alcohol and substance abuse. The medical record
  210  shall also document the presence of one or more recognized
  211  medical indications for the use of a controlled substance. Each
  212  registrant must develop a written plan for assessing each
  213  patient’s risk of aberrant drug-related behavior, which may
  214  include patient drug testing. Registrants must assess each
  215  patient’s risk for aberrant drug-related behavior and monitor
  216  that risk on an ongoing basis in accordance with the plan.
  217         (b) Each registrant must develop a written individualized
  218  treatment plan for each patient. The treatment plan shall state
  219  objectives that will be used to determine treatment success,
  220  such as pain relief and improved physical and psychosocial
  221  function, and shall indicate if any further diagnostic
  222  evaluations or other treatments are planned. After treatment
  223  begins, the registrant physician shall adjust drug therapy to
  224  the individual medical needs of each patient. Other treatment
  225  modalities, including a rehabilitation program, shall be
  226  considered depending on the etiology of the pain and the extent
  227  to which the pain is associated with physical and psychosocial
  228  impairment. The interdisciplinary nature of the treatment plan
  229  shall be documented.
  230         (c) The registrant physician shall discuss the risks and
  231  benefits of the use of controlled substances, including the
  232  risks of abuse and addiction, as well as physical dependence and
  233  its consequences, with the patient, persons designated by the
  234  patient, or the patient’s surrogate or guardian if the patient
  235  is incompetent. The registrant physician shall use a written
  236  controlled substance agreement between the registrant physician
  237  and the patient outlining the patient’s responsibilities,
  238  including, but not limited to:
  239         1. Number and frequency of controlled substance
  240  prescriptions and refills.
  241         2. Patient compliance and reasons for which drug therapy
  242  may be discontinued, such as a violation of the agreement.
  243         3. An agreement that controlled substances for the
  244  treatment of chronic nonmalignant pain shall be prescribed by a
  245  single treating registrant physician unless otherwise authorized
  246  by the treating registrant physician and documented in the
  247  medical record.
  248         (d) The patient shall be seen by the registrant physician
  249  at regular intervals, not to exceed 3 months, to assess the
  250  efficacy of treatment, ensure that controlled substance therapy
  251  remains indicated, evaluate the patient’s progress toward
  252  treatment objectives, consider adverse drug effects, and review
  253  the etiology of the pain. Continuation or modification of
  254  therapy shall depend on the registrant’s physician’s evaluation
  255  of the patient’s progress. If treatment goals are not being
  256  achieved, despite medication adjustments, the registrant
  257  physician shall reevaluate the appropriateness of continued
  258  treatment. The registrant physician shall monitor patient
  259  compliance in medication usage, related treatment plans,
  260  controlled substance agreements, and indications of substance
  261  abuse or diversion at a minimum of 3-month intervals.
  262         (e) The registrant physician shall refer the patient as
  263  necessary for additional evaluation and treatment in order to
  264  achieve treatment objectives. Special attention shall be given
  265  to those patients who are at risk for misusing their medications
  266  and those whose living arrangements pose a risk for medication
  267  misuse or diversion. The management of pain in patients with a
  268  history of substance abuse or with a comorbid psychiatric
  269  disorder requires extra care, monitoring, and documentation and
  270  requires consultation with or referral to an addiction medicine
  271  specialist or a psychiatrist.
  272         (f) A registrant physician registered under this section
  273  must maintain accurate, current, and complete records that are
  274  accessible and readily available for review and comply with the
  275  requirements of this section, the applicable practice act, and
  276  applicable board rules. The medical records must include, but
  277  are not limited to:
  278         1. The complete medical history and a physical examination,
  279  including history of drug abuse or dependence.
  280         2. Diagnostic, therapeutic, and laboratory results.
  281         3. Evaluations and consultations.
  282         4. Treatment objectives.
  283         5. Discussion of risks and benefits.
  284         6. Treatments.
  285         7. Medications, including date, type, dosage, and quantity
  286  prescribed.
  287         8. Instructions and agreements.
  288         9. Periodic reviews.
  289         10. Results of any drug testing.
  290         11. A photocopy of the patient’s government-issued photo
  291  identification.
  292         12. If a written prescription for a controlled substance is
  293  given to the patient, a duplicate of the prescription.
  294         13. The registrant’s physician’s full name presented in a
  295  legible manner.
  296         (g) A registrant shall immediately refer patients with
  297  signs or symptoms of substance abuse shall be immediately
  298  referred to a board-certified pain management physician, an
  299  addiction medicine specialist, or a mental health addiction
  300  facility as it pertains to drug abuse or addiction unless the
  301  registrant is a physician who is board-certified or board
  302  eligible in pain management. Throughout the period of time
  303  before receiving the consultant’s report, a prescribing
  304  registrant physician shall clearly and completely document
  305  medical justification for continued treatment with controlled
  306  substances and those steps taken to ensure medically appropriate
  307  use of controlled substances by the patient. Upon receipt of the
  308  consultant’s written report, the prescribing registrant
  309  physician shall incorporate the consultant’s recommendations for
  310  continuing, modifying, or discontinuing controlled substance
  311  therapy. The resulting changes in treatment shall be
  312  specifically documented in the patient’s medical record.
  313  Evidence or behavioral indications of diversion shall be
  314  followed by discontinuation of controlled substance therapy, and
  315  the patient shall be discharged, and all results of testing and
  316  actions taken by the registrant physician shall be documented in
  317  the patient’s medical record.
  318  
  319  This subsection does not apply to a board-eligible or board
  320  certified anesthesiologist, physiatrist, rheumatologist, or
  321  neurologist, or to a board-certified physician who has surgical
  322  privileges at a hospital or ambulatory surgery center and
  323  primarily provides surgical services. This subsection does not
  324  apply to a board-eligible or board-certified medical specialist
  325  who has also completed a fellowship in pain medicine approved by
  326  the Accreditation Council for Graduate Medical Education or the
  327  American Osteopathic Association, or who is board eligible or
  328  board certified in pain medicine by the American Board of Pain
  329  Medicine, the American Board of Interventional Pain Physicians,
  330  the American Association of Physician Specialists, or a board
  331  approved by the American Board of Medical Specialties or the
  332  American Osteopathic Association and performs interventional
  333  pain procedures of the type routinely billed using surgical
  334  codes. This subsection does not apply to a registrant physician
  335  who prescribes medically necessary controlled substances for a
  336  patient during an inpatient stay in a hospital licensed under
  337  chapter 395.
  338         Section 107. Paragraph (b) of subsection (2) of section
  339  458.3265, Florida Statutes, is amended to read:
  340         458.3265 Pain-management clinics.—
  341         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
  342  apply to any physician who provides professional services in a
  343  pain-management clinic that is required to be registered in
  344  subsection (1).
  345         (b) Only a person may not dispense any medication on the
  346  premises of a registered pain-management clinic unless he or she
  347  is a physician licensed under this chapter or chapter 459 may
  348  dispense medication or prescribe a controlled substance
  349  regulated under chapter 893 on the premises of a registered
  350  pain-management clinic.
  351         Section 108. Paragraph (b) of subsection (2) of section
  352  459.0137, Florida Statutes, is amended to read:
  353         459.0137 Pain-management clinics.—
  354         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
  355  apply to any osteopathic physician who provides professional
  356  services in a pain-management clinic that is required to be
  357  registered in subsection (1).
  358         (b) Only a person may not dispense any medication on the
  359  premises of a registered pain-management clinic unless he or she
  360  is a physician licensed under this chapter or chapter 458 may
  361  dispense medication or prescribe a controlled substance
  362  regulated under chapter 893 on the premises of a registered
  363  pain-management clinic.
  364         Section 109. Paragraph (e) of subsection (4) of section
  365  458.347, Florida Statutes, is amended, and paragraph (c) of
  366  subsection (9) of that section is republished, to read:
  367         458.347 Physician assistants.—
  368         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  369         (e) A supervisory physician may delegate to a fully
  370  licensed physician assistant the authority to prescribe or
  371  dispense any medication used in the supervisory physician’s
  372  practice unless such medication is listed on the formulary
  373  created pursuant to paragraph (f). A fully licensed physician
  374  assistant may only prescribe or dispense such medication under
  375  the following circumstances:
  376         1. A physician assistant must clearly identify to the
  377  patient that he or she is a physician assistant. Furthermore,
  378  the physician assistant must inform the patient that the patient
  379  has the right to see the physician prior to any prescription
  380  being prescribed or dispensed by the physician assistant.
  381         2. The supervisory physician must notify the department of
  382  his or her intent to delegate, on a department-approved form,
  383  before delegating such authority and notify the department of
  384  any change in prescriptive privileges of the physician
  385  assistant. Authority to dispense may be delegated only by a
  386  supervising physician who is registered as a dispensing
  387  practitioner in compliance with s. 465.0276.
  388         3. The physician assistant must file with the department a
  389  signed affidavit that he or she has completed a minimum of 10
  390  continuing medical education hours in the specialty practice in
  391  which the physician assistant has prescriptive privileges with
  392  each licensure renewal application. Three of the 10 hours must
  393  consist of a continuing education course on the safe and
  394  effective prescribing of controlled substance medications which
  395  is offered by a statewide professional association of physicians
  396  in this state accredited to provide educational activities
  397  designated for the American Medical Association Physician’s
  398  Recognition Award Category 1 credit or designated by the
  399  American Academy of Physician Assistants as a Category 1 credit.
  400         4. The department may issue a prescriber number to the
  401  physician assistant granting authority for the prescribing of
  402  medicinal drugs authorized within this paragraph upon completion
  403  of the foregoing requirements. The physician assistant shall not
  404  be required to independently register pursuant to s. 465.0276.
  405         5. The prescription must be written in a form that complies
  406  with chapter 499 and must contain, in addition to the
  407  supervisory physician’s name, address, and telephone number, the
  408  physician assistant’s prescriber number. Unless it is a drug or
  409  drug sample dispensed by the physician assistant, the
  410  prescription must be filled in a pharmacy permitted under
  411  chapter 465 and must be dispensed in that pharmacy by a
  412  pharmacist licensed under chapter 465. The appearance of the
  413  prescriber number creates a presumption that the physician
  414  assistant is authorized to prescribe the medicinal drug and the
  415  prescription is valid.
  416         6. The physician assistant must note the prescription or
  417  dispensing of medication in the appropriate medical record.
  418         (9) COUNCIL ON PHYSICIAN ASSISTANTS.—The Council on
  419  Physician Assistants is created within the department.
  420         (c) The council shall:
  421         1. Recommend to the department the licensure of physician
  422  assistants.
  423         2. Develop all rules regulating the use of physician
  424  assistants by physicians under this chapter and chapter 459,
  425  except for rules relating to the formulary developed under
  426  paragraph (4)(f). The council shall also develop rules to ensure
  427  that the continuity of supervision is maintained in each
  428  practice setting. The boards shall consider adopting a proposed
  429  rule developed by the council at the regularly scheduled meeting
  430  immediately following the submission of the proposed rule by the
  431  council. A proposed rule submitted by the council may not be
  432  adopted by either board unless both boards have accepted and
  433  approved the identical language contained in the proposed rule.
  434  The language of all proposed rules submitted by the council must
  435  be approved by both boards pursuant to each respective board’s
  436  guidelines and standards regarding the adoption of proposed
  437  rules. If either board rejects the council’s proposed rule, that
  438  board must specify its objection to the council with
  439  particularity and include any recommendations it may have for
  440  the modification of the proposed rule.
  441         3. Make recommendations to the boards regarding all matters
  442  relating to physician assistants.
  443         4. Address concerns and problems of practicing physician
  444  assistants in order to improve safety in the clinical practices
  445  of licensed physician assistants.
  446         Section 110. Effective January 1, 2017, paragraph (f) of
  447  subsection (4) of section 458.347, Florida Statutes, is amended
  448  to read:
  449         458.347 Physician assistants.—
  450         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  451         (f)1. The council shall establish a formulary of medicinal
  452  drugs that a fully licensed physician assistant having
  453  prescribing authority under this section or s. 459.022 may not
  454  prescribe. The formulary must include controlled substances as
  455  defined in chapter 893, general anesthetics, and radiographic
  456  contrast materials and must limit the prescription of Schedule
  457  II controlled substances as listed in s. 893.03 to a 7-day
  458  supply. The formulary must also restrict the prescribing of
  459  psychiatric mental health controlled substances for children
  460  younger than 18 years of age.
  461         2. In establishing the formulary, the council shall consult
  462  with a pharmacist licensed under chapter 465, but not licensed
  463  under this chapter or chapter 459, who shall be selected by the
  464  State Surgeon General.
  465         3. Only the council shall add to, delete from, or modify
  466  the formulary. Any person who requests an addition, a deletion,
  467  or a modification of a medicinal drug listed on such formulary
  468  has the burden of proof to show cause why such addition,
  469  deletion, or modification should be made.
  470         4. The boards shall adopt the formulary required by this
  471  paragraph, and each addition, deletion, or modification to the
  472  formulary, by rule. Notwithstanding any provision of chapter 120
  473  to the contrary, the formulary rule shall be effective 60 days
  474  after the date it is filed with the Secretary of State. Upon
  475  adoption of the formulary, the department shall mail a copy of
  476  such formulary to each fully licensed physician assistant having
  477  prescribing authority under this section or s. 459.022, and to
  478  each pharmacy licensed by the state. The boards shall establish,
  479  by rule, a fee not to exceed $200 to fund the provisions of this
  480  paragraph and paragraph (e).
  481         Section 111. Subsection (2) of section 464.003, Florida
  482  Statutes, is amended to read:
  483         464.003 Definitions.—As used in this part, the term:
  484         (2) “Advanced or specialized nursing practice” means, in
  485  addition to the practice of professional nursing, the
  486  performance of advanced-level nursing acts approved by the board
  487  which, by virtue of postbasic specialized education, training,
  488  and experience, are appropriately performed by an advanced
  489  registered nurse practitioner. Within the context of advanced or
  490  specialized nursing practice, the advanced registered nurse
  491  practitioner may perform acts of nursing diagnosis and nursing
  492  treatment of alterations of the health status. The advanced
  493  registered nurse practitioner may also perform acts of medical
  494  diagnosis and treatment, prescription, and operation as
  495  authorized within the framework of an established supervisory
  496  protocol which are identified and approved by a joint committee
  497  composed of three members appointed by the Board of Nursing, two
  498  of whom must be advanced registered nurse practitioners; three
  499  members appointed by the Board of Medicine, two of whom must
  500  have had work experience with advanced registered nurse
  501  practitioners; and the State Surgeon General or the State
  502  Surgeon General’s designee. Each committee member appointed by a
  503  board shall be appointed to a term of 4 years unless a shorter
  504  term is required to establish or maintain staggered terms. The
  505  Board of Nursing shall adopt rules authorizing the performance
  506  of any such acts approved by the joint committee. Unless
  507  otherwise specified by the joint committee, such acts must be
  508  performed under the general supervision of a practitioner
  509  licensed under chapter 458, chapter 459, or chapter 466 within
  510  the framework of standing protocols which identify the medical
  511  acts to be performed and the conditions for their performance.
  512  The department may, by rule, require that a copy of the protocol
  513  be filed with the department along with the notice required by
  514  s. 458.348.
  515         Section 112. Section 464.012, Florida Statutes, is amended
  516  to read:
  517         464.012 Certification of advanced registered nurse
  518  practitioners; fees; controlled substance prescribing.—
  519         (1) Any nurse desiring to be certified as an advanced
  520  registered nurse practitioner shall apply to the department and
  521  submit proof that he or she holds a current license to practice
  522  professional nursing and that he or she meets one or more of the
  523  following requirements as determined by the board:
  524         (a) Satisfactory completion of a formal postbasic
  525  educational program of at least one academic year, the primary
  526  purpose of which is to prepare nurses for advanced or
  527  specialized practice.
  528         (b) Certification by an appropriate specialty board. Such
  529  certification shall be required for initial state certification
  530  and any recertification as a registered nurse anesthetist or
  531  nurse midwife. The board may by rule provide for provisional
  532  state certification of graduate nurse anesthetists and nurse
  533  midwives for a period of time determined to be appropriate for
  534  preparing for and passing the national certification
  535  examination.
  536         (c) Graduation from a program leading to a master’s degree
  537  in a nursing clinical specialty area with preparation in
  538  specialized practitioner skills. For applicants graduating on or
  539  after October 1, 1998, graduation from a master’s degree program
  540  shall be required for initial certification as a nurse
  541  practitioner under paragraph (4)(c). For applicants graduating
  542  on or after October 1, 2001, graduation from a master’s degree
  543  program shall be required for initial certification as a
  544  registered nurse anesthetist under paragraph (4)(a).
  545         (2) The board shall provide by rule the appropriate
  546  requirements for advanced registered nurse practitioners in the
  547  categories of certified registered nurse anesthetist, certified
  548  nurse midwife, and nurse practitioner.
  549         (3) An advanced registered nurse practitioner shall perform
  550  those functions authorized in this section within the framework
  551  of an established protocol that is filed with the board upon
  552  biennial license renewal and within 30 days after entering into
  553  a supervisory relationship with a physician or changes to the
  554  protocol. The board shall review the protocol to ensure
  555  compliance with applicable regulatory standards for protocols.
  556  The board shall refer to the department licensees submitting
  557  protocols that are not compliant with the regulatory standards
  558  for protocols. A practitioner currently licensed under chapter
  559  458, chapter 459, or chapter 466 shall maintain supervision for
  560  directing the specific course of medical treatment. Within the
  561  established framework, an advanced registered nurse practitioner
  562  may:
  563         (a) Monitor and alter drug therapies.
  564         (b) Initiate appropriate therapies for certain conditions.
  565         (c) Perform additional functions as may be determined by
  566  rule in accordance with s. 464.003(2).
  567         (d) Order diagnostic tests and physical and occupational
  568  therapy.
  569         (4) In addition to the general functions specified in
  570  subsection (3), an advanced registered nurse practitioner may
  571  perform the following acts within his or her specialty:
  572         (a) The certified registered nurse anesthetist may, to the
  573  extent authorized by established protocol approved by the
  574  medical staff of the facility in which the anesthetic service is
  575  performed, perform any or all of the following:
  576         1. Determine the health status of the patient as it relates
  577  to the risk factors and to the anesthetic management of the
  578  patient through the performance of the general functions.
  579         2. Based on history, physical assessment, and supplemental
  580  laboratory results, determine, with the consent of the
  581  responsible physician, the appropriate type of anesthesia within
  582  the framework of the protocol.
  583         3. Order under the protocol preanesthetic medication.
  584         4. Perform under the protocol procedures commonly used to
  585  render the patient insensible to pain during the performance of
  586  surgical, obstetrical, therapeutic, or diagnostic clinical
  587  procedures. These procedures include ordering and administering
  588  regional, spinal, and general anesthesia; inhalation agents and
  589  techniques; intravenous agents and techniques; and techniques of
  590  hypnosis.
  591         5. Order or perform monitoring procedures indicated as
  592  pertinent to the anesthetic health care management of the
  593  patient.
  594         6. Support life functions during anesthesia health care,
  595  including induction and intubation procedures, the use of
  596  appropriate mechanical supportive devices, and the management of
  597  fluid, electrolyte, and blood component balances.
  598         7. Recognize and take appropriate corrective action for
  599  abnormal patient responses to anesthesia, adjunctive medication,
  600  or other forms of therapy.
  601         8. Recognize and treat a cardiac arrhythmia while the
  602  patient is under anesthetic care.
  603         9. Participate in management of the patient while in the
  604  postanesthesia recovery area, including ordering the
  605  administration of fluids and drugs.
  606         10. Place special peripheral and central venous and
  607  arterial lines for blood sampling and monitoring as appropriate.
  608         (b) The certified nurse midwife may, to the extent
  609  authorized by an established protocol which has been approved by
  610  the medical staff of the health care facility in which the
  611  midwifery services are performed, or approved by the nurse
  612  midwife’s physician backup when the delivery is performed in a
  613  patient’s home, perform any or all of the following:
  614         1. Perform superficial minor surgical procedures.
  615         2. Manage the patient during labor and delivery to include
  616  amniotomy, episiotomy, and repair.
  617         3. Order, initiate, and perform appropriate anesthetic
  618  procedures.
  619         4. Perform postpartum examination.
  620         5. Order appropriate medications.
  621         6. Provide family-planning services and well-woman care.
  622         7. Manage the medical care of the normal obstetrical
  623  patient and the initial care of a newborn patient.
  624         (c) The nurse practitioner may perform any or all of the
  625  following acts within the framework of established protocol:
  626         1. Manage selected medical problems.
  627         2. Order physical and occupational therapy.
  628         3. Initiate, monitor, or alter therapies for certain
  629  uncomplicated acute illnesses.
  630         4. Monitor and manage patients with stable chronic
  631  diseases.
  632         5. Establish behavioral problems and diagnosis and make
  633  treatment recommendations.
  634         (5) The board shall certify, and the department shall issue
  635  a certificate to, any nurse meeting the qualifications in this
  636  section. The board shall establish an application fee not to
  637  exceed $100 and a biennial renewal fee not to exceed $50. The
  638  board is authorized to adopt such other rules as are necessary
  639  to implement the provisions of this section.
  640         (6)(a) The board shall establish a committee to recommend a
  641  formulary of controlled substances that an advanced registered
  642  nurse practitioner may not prescribe or may prescribe only for
  643  specific uses or in limited quantities. The committee must
  644  consist of three advanced registered nurse practitioners
  645  licensed under this section, recommended by the board; three
  646  physicians licensed under chapter 458 or chapter 459 who have
  647  work experience with advanced registered nurse practitioners,
  648  recommended by the Board of Medicine; and a pharmacist licensed
  649  under chapter 465 who is a doctor of pharmacy, recommended by
  650  the Board of Pharmacy. The committee may recommend an evidence
  651  based formulary applicable to all advanced registered nurse
  652  practitioners which is limited by specialty certification, is
  653  limited to approved uses of controlled substances, or is subject
  654  to other similar restrictions the committee finds are necessary
  655  to protect the health, safety, and welfare of the public. The
  656  formulary must restrict the prescribing of psychiatric mental
  657  health controlled substances for children younger than 18 years
  658  of age to advanced registered nurse practitioners who also are
  659  psychiatric nurses as defined in s. 394.455. The formulary must
  660  also limit the prescribing of Schedule II controlled substances
  661  as listed in s. 893.03 to a 7-day supply, except that such
  662  restriction does not apply to controlled substances that are
  663  psychiatric medications prescribed by psychiatric nurses as
  664  defined in s. 394.455.
  665         (b)The board shall adopt by rule the recommended formulary
  666  and any revision to the formulary which it finds is supported by
  667  evidence-based clinical findings presented by the Board of
  668  Medicine, the Board of Osteopathic Medicine, or the Board of
  669  Dentistry.
  670         (c)The formulary required under this subsection does not
  671  apply to a controlled substance that is dispensed for
  672  administration pursuant to an order, including an order for
  673  medication authorized by subparagraph (4)(a)3., subparagraph
  674  (4)(a)4., or subparagraph (4)(a)9.
  675         (d) The board shall adopt the committee’s initial
  676  recommendation no later than October 31, 2016.
  677         (7) This section shall be known as “The Barbara Lumpkin
  678  Prescribing Act.”
  679         Section 113. Effective January 1, 2017, subsection (3) of
  680  section 464.012, Florida Statutes, as amended by this act, is
  681  amended to read:
  682         464.012 Certification of advanced registered nurse
  683  practitioners; fees; controlled substance prescribing.—
  684         (3) An advanced registered nurse practitioner shall perform
  685  those functions authorized in this section within the framework
  686  of an established protocol that is filed with the board upon
  687  biennial license renewal and within 30 days after entering into
  688  a supervisory relationship with a physician or changes to the
  689  protocol. The board shall review the protocol to ensure
  690  compliance with applicable regulatory standards for protocols.
  691  The board shall refer to the department licensees submitting
  692  protocols that are not compliant with the regulatory standards
  693  for protocols. A practitioner currently licensed under chapter
  694  458, chapter 459, or chapter 466 shall maintain supervision for
  695  directing the specific course of medical treatment. Within the
  696  established framework, an advanced registered nurse practitioner
  697  may:
  698         (a) Prescribe, dispense, administer, or order any drug;
  699  however, an advanced registered nurse practitioner may prescribe
  700  or dispense a controlled substance as defined in s. 893.03 only
  701  if the advanced registered nurse practitioner has graduated from
  702  a program leading to a master’s or doctoral degree in a clinical
  703  nursing specialty area with training in specialized practitioner
  704  skills Monitor and alter drug therapies.
  705         (b) Initiate appropriate therapies for certain conditions.
  706         (c) Perform additional functions as may be determined by
  707  rule in accordance with s. 464.003(2).
  708         (d) Order diagnostic tests and physical and occupational
  709  therapy.
  710         Section 114. Subsection (3) of section 464.013, Florida
  711  Statutes, is amended to read:
  712         464.013 Renewal of license or certificate.—
  713         (3) The board shall by rule prescribe up to 30 hours of
  714  continuing education biennially as a condition for renewal of a
  715  license or certificate.
  716         (a) A nurse who is certified by a health care specialty
  717  program accredited by the National Commission for Certifying
  718  Agencies or the Accreditation Board for Specialty Nursing
  719  Certification is exempt from continuing education requirements.
  720  The criteria for programs must shall be approved by the board.
  721         (b) Notwithstanding the exemption in paragraph (a), as part
  722  of the maximum 30 hours of continuing education hours required
  723  under this subsection, advanced registered nurse practitioners
  724  certified under s. 464.012 must complete at least 3 hours of
  725  continuing education on the safe and effective prescription of
  726  controlled substances. Such continuing education courses must be
  727  offered by a statewide professional association of physicians in
  728  this state accredited to provide educational activities
  729  designated for the American Medical Association Physician’s
  730  Recognition Award Category 1 credit, the American Nurses
  731  Credentialing Center, the American Association of Nurse
  732  Anesthetists, or the American Association of Nurse Practitioners
  733  and may be offered in a distance learning format.
  734         Section 115. Paragraph (p) is added to subsection (1) of
  735  section 464.018, Florida Statutes, and subsection (2) of that
  736  section is republished, to read:
  737         464.018 Disciplinary actions.—
  738         (1) The following acts constitute grounds for denial of a
  739  license or disciplinary action, as specified in s. 456.072(2):
  740         (p)For an advanced registered nurse practitioner:
  741         1.Presigning blank prescription forms.
  742         2.Prescribing for office use any medicinal drug appearing
  743  on Schedule II in chapter 893.
  744         3.Prescribing, ordering, dispensing, administering,
  745  supplying, selling, or giving a drug that is an amphetamine, a
  746  sympathomimetic amine drug, or a compound designated in s.
  747  893.03(2) as a Schedule II controlled substance, to or for any
  748  person except for:
  749         a. The treatment of narcolepsy; hyperkinesis; behavioral
  750  syndrome in children characterized by the developmentally
  751  inappropriate symptoms of moderate to severe distractibility,
  752  short attention span, hyperactivity, emotional lability, and
  753  impulsivity; or drug-induced brain dysfunction.
  754         b. The differential diagnostic psychiatric evaluation of
  755  depression or the treatment of depression shown to be refractory
  756  to other therapeutic modalities.
  757         c. The clinical investigation of the effects of such drugs
  758  or compounds when an investigative protocol is submitted to,
  759  reviewed by, and approved by the department before such
  760  investigation is begun.
  761         4. Prescribing, ordering, dispensing, administering,
  762  supplying, selling, or giving growth hormones, testosterone or
  763  its analogs, human chorionic gonadotropin (HCG), or other
  764  hormones for the purpose of muscle building or to enhance
  765  athletic performance. As used in this subparagraph, the term
  766  “muscle building” does not include the treatment of injured
  767  muscle. A prescription written for the drug products identified
  768  in this subparagraph may be dispensed by a pharmacist with the
  769  presumption that the prescription is for legitimate medical use.
  770         5. Promoting or advertising on any prescription form a
  771  community pharmacy unless the form also states: “This
  772  prescription may be filled at any pharmacy of your choice.”
  773         6.Prescribing, dispensing, administering, mixing, or
  774  otherwise preparing a legend drug, including a controlled
  775  substance, other than in the course of his or her professional
  776  practice. For the purposes of this subparagraph, it is legally
  777  presumed that prescribing, dispensing, administering, mixing, or
  778  otherwise preparing legend drugs, including all controlled
  779  substances, inappropriately or in excessive or inappropriate
  780  quantities is not in the best interest of the patient and is not
  781  in the course of the advanced registered nurse practitioner’s
  782  professional practice, without regard to his or her intent.
  783         7.Prescribing, dispensing, or administering a medicinal
  784  drug appearing on any schedule set forth in chapter 893 to
  785  himself or herself, except a drug prescribed, dispensed, or
  786  administered to the advanced registered nurse practitioner by
  787  another practitioner authorized to prescribe, dispense, or
  788  administer medicinal drugs.
  789         8.Prescribing, ordering, dispensing, administering,
  790  supplying, selling, or giving amygdalin (laetrile) to any
  791  person.
  792         9.Dispensing a substance designated in s. 893.03(2) or (3)
  793  as a controlled substance listed in Schedule II or Schedule III,
  794  respectively, in violation of s. 465.0276.
  795         10.Promoting or advertising through any communication
  796  medium the use, sale, or dispensing of a substance designated in
  797  s. 893.03 as a controlled substance.
  798         (2) The board may enter an order denying licensure or
  799  imposing any of the penalties in s. 456.072(2) against any
  800  applicant for licensure or licensee who is found guilty of
  801  violating any provision of subsection (1) of this section or who
  802  is found guilty of violating any provision of s. 456.072(1).
  803         Section 116. Paragraph (a) of subsection (3) of section
  804  766.1115, Florida Statutes, is amended to read:
  805         766.1115 Health care providers; creation of agency
  806  relationship with governmental contractors.—
  807         (3) DEFINITIONS.—As used in this section, the term:
  808         (a) “Contract” means an agreement executed in compliance
  809  with this section between a health care provider and a
  810  governmental contractor for volunteer, uncompensated services
  811  which allows the health care provider to deliver health care
  812  services to low-income recipients as an agent of the
  813  governmental contractor. The contract must be for volunteer,
  814  uncompensated services, except as provided in paragraph (4)(g).
  815  For services to qualify as volunteer, uncompensated services
  816  under this section, the health care provider, or any employee or
  817  agent of the health care provider, must receive no compensation
  818  from the governmental contractor for any services provided under
  819  the contract and must not bill or accept compensation from the
  820  recipient, or a public or private third-party payor, for the
  821  specific services provided to the low-income recipients covered
  822  by the contract, except as provided in paragraph (4)(g). A free
  823  clinic as described in subparagraph (d)14. may receive a
  824  legislative appropriation, a grant through a legislative
  825  appropriation, or a grant from a governmental entity or
  826  nonprofit corporation to support the delivery of contracted
  827  services by volunteer health care providers, including the
  828  employment of health care providers to supplement, coordinate,
  829  or support the delivery of such services. The appropriation or
  830  grant for the free clinic does not constitute compensation under
  831  this paragraph from the governmental contractor for services
  832  provided under the contract, nor does receipt or use of the
  833  appropriation or grant constitute the acceptance of compensation
  834  under this paragraph for the specific services provided to the
  835  low-income recipients covered by the contract.
  836         Section 117. Subsection (21) of section 893.02, Florida
  837  Statutes, is amended to read:
  838         893.02 Definitions.—The following words and phrases as used
  839  in this chapter shall have the following meanings, unless the
  840  context otherwise requires:
  841         (21) “Practitioner” means a physician licensed under
  842  pursuant to chapter 458, a dentist licensed under pursuant to
  843  chapter 466, a veterinarian licensed under pursuant to chapter
  844  474, an osteopathic physician licensed under pursuant to chapter
  845  459, an advanced registered nurse practitioner certified under
  846  chapter 464, a naturopath licensed under pursuant to chapter
  847  462, a certified optometrist licensed under pursuant to chapter
  848  463, or a podiatric physician licensed under pursuant to chapter
  849  461, or a physician assistant licensed under chapter 458 or
  850  chapter 459, provided such practitioner holds a valid federal
  851  controlled substance registry number.
  852         Section 118. Paragraph (n) of subsection (1) of section
  853  948.03, Florida Statutes, is amended to read:
  854         948.03 Terms and conditions of probation.—
  855         (1) The court shall determine the terms and conditions of
  856  probation. Conditions specified in this section do not require
  857  oral pronouncement at the time of sentencing and may be
  858  considered standard conditions of probation. These conditions
  859  may include among them the following, that the probationer or
  860  offender in community control shall:
  861         (n) Be prohibited from using intoxicants to excess or
  862  possessing any drugs or narcotics unless prescribed by a
  863  physician, an advanced registered nurse practitioner, or a
  864  physician assistant. The probationer or community controllee may
  865  shall not knowingly visit places where intoxicants, drugs, or
  866  other dangerous substances are unlawfully sold, dispensed, or
  867  used.
  868         Section 119. Paragraph (a) of subsection (1) and subsection
  869  (2) of section 458.348, Florida Statutes, are amended to read:
  870         458.348 Formal supervisory relationships, standing orders,
  871  and established protocols; notice; standards.—
  872         (1) NOTICE.—
  873         (a) When a physician enters into a formal supervisory
  874  relationship or standing orders with an emergency medical
  875  technician or paramedic licensed pursuant to s. 401.27, which
  876  relationship or orders contemplate the performance of medical
  877  acts, or when a physician enters into an established protocol
  878  with an advanced registered nurse practitioner, which protocol
  879  contemplates the performance of medical acts identified and
  880  approved by the joint committee pursuant to s. 464.003(2) or
  881  acts set forth in s. 464.012(3) and (4), the physician shall
  882  submit notice to the board. The notice shall contain a statement
  883  in substantially the following form:
  884  
  885         I, ...(name and professional license number of
  886  physician)..., of ...(address of physician)... have hereby
  887  entered into a formal supervisory relationship, standing orders,
  888  or an established protocol with ...(number of persons)...
  889  emergency medical technician(s), ...(number of persons)...
  890  paramedic(s), or ...(number of persons)... advanced registered
  891  nurse practitioner(s).
  892  
  893         (2) ESTABLISHMENT OF STANDARDS BY JOINT COMMITTEE.—The
  894  joint committee created under s. 464.003(2) shall determine
  895  minimum standards for the content of established protocols
  896  pursuant to which an advanced registered nurse practitioner may
  897  perform medical acts identified and approved by the joint
  898  committee pursuant to s. 464.003(2) or acts set forth in s.
  899  464.012(3) and (4) and shall determine minimum standards for
  900  supervision of such acts by the physician, unless the joint
  901  committee determines that any act set forth in s. 464.012(3) or
  902  (4) is not a medical act. Such standards shall be based on risk
  903  to the patient and acceptable standards of medical care and
  904  shall take into account the special problems of medically
  905  underserved areas. The standards developed by the joint
  906  committee shall be adopted as rules by the Board of Nursing and
  907  the Board of Medicine for purposes of carrying out their
  908  responsibilities pursuant to part I of chapter 464 and this
  909  chapter, respectively, but neither board shall have disciplinary
  910  powers over the licensees of the other board.
  911         Section 120. Paragraph (a) of subsection (1) of section
  912  459.025, Florida Statutes, is amended to read:
  913         459.025 Formal supervisory relationships, standing orders,
  914  and established protocols; notice; standards.—
  915         (1) NOTICE.—
  916         (a) When an osteopathic physician enters into a formal
  917  supervisory relationship or standing orders with an emergency
  918  medical technician or paramedic licensed pursuant to s. 401.27,
  919  which relationship or orders contemplate the performance of
  920  medical acts, or when an osteopathic physician enters into an
  921  established protocol with an advanced registered nurse
  922  practitioner, which protocol contemplates the performance of
  923  medical acts identified and approved by the joint committee
  924  pursuant to s. 464.003(2) or acts set forth in s. 464.012(3) and
  925  (4), the osteopathic physician shall submit notice to the board.
  926  The notice must contain a statement in substantially the
  927  following form:
  928  
  929         I, ...(name and professional license number of osteopathic
  930  physician)..., of ...(address of osteopathic physician)... have
  931  hereby entered into a formal supervisory relationship, standing
  932  orders, or an established protocol with ...(number of
  933  persons)... emergency medical technician(s), ...(number of
  934  persons)... paramedic(s), or ...(number of persons)... advanced
  935  registered nurse practitioner(s).
  936         Section 121. Subsection (10) of s. 458.331, paragraph (g)
  937  of subsection (7) of s. 458.347, subsection (10) of s. 459.015,
  938  paragraph (f) of subsection (7) of s. 459.022, and paragraph (b)
  939  of subsection (5) of s. 465.0158, Florida Statutes, are
  940  reenacted for the purpose of incorporating the amendment made by
  941  this act to s. 456.072, Florida Statutes, in references thereto.
  942         Section 122. Paragraph (mm) of subsection (1) of s. 456.072
  943  and s. 466.02751, Florida Statutes, are reenacted for the
  944  purpose of incorporating the amendment made by this act to s.
  945  456.44, Florida Statutes, in references thereto.
  946         Section 123. Section 458.303, paragraph (b) of subsection
  947  (7) of s. 458.3475, paragraph (e) of subsection (4) and
  948  paragraph (c) of subsection (9) of s. 459.022, and paragraph (b)
  949  of subsection (7) of s. 459.023, Florida Statutes, are reenacted
  950  for the purpose of incorporating the amendment made by this act
  951  to s. 458.347, Florida Statutes, in references thereto.
  952         Section 124. Paragraph (c) of subsection (3) of s. 464.012,
  953  Florida Statutes, is reenacted for the purpose of incorporating
  954  the amendment made by this act to s. 464.003, Florida Statutes,
  955  in a reference thereto.
  956         Section 125. Paragraph (a) of subsection (1) of s. 456.041,
  957  subsections (1) and (2) of s. 458.348, and subsection (1) of s.
  958  459.025, Florida Statutes, are reenacted for the purpose of
  959  incorporating the amendment made by this act to s. 464.012,
  960  Florida Statutes, in references thereto.
  961         Section 126. Subsection (7) of s. 464.0205, Florida
  962  Statutes, is reenacted for the purpose of incorporating the
  963  amendment made by this act to s. 464.013, Florida Statutes, in a
  964  reference thereto.
  965         Section 127. Subsection (11) of s. 320.0848, subsection (2)
  966  of s. 464.008, subsection (5) of s. 464.009, and paragraph (b)
  967  of subsection (1), subsection (3), and paragraph (b) of
  968  subsection (4) of s. 464.0205, Florida Statutes, are reenacted
  969  for the purpose of incorporating the amendment made by this act
  970  to s. 464.018, Florida Statutes, in references thereto.
  971         Section 128. Section 775.051, Florida Statutes, is
  972  reenacted for the purpose of incorporating the amendment made by
  973  this act to s. 893.02, Florida Statutes, in a reference thereto.
  974         Section 129. Paragraph (a) of subsection (3) of s. 944.17,
  975  subsection (8) of s. 948.001, and paragraph (e) of subsection
  976  (1) of s. 948.101, Florida Statutes, are reenacted for the
  977  purpose of incorporating the amendment made by this act to s.
  978  948.03, Florida Statutes, in references thereto.
  979         Section 130. Except as otherwise expressly provided in this
  980  act, this act shall take effect upon becoming a law.
  981  
  982  ================= T I T L E  A M E N D M E N T ================
  983  And the title is amended as follows:
  984         Delete line 5263
  985  and insert:
  986         amending s. 110.12315, F.S.; expanding the categories
  987         of persons who may prescribe brand name drugs under
  988         the prescription drug program under certain
  989         circumstances; amending ss. 310.071, 310.073, and
  990         310.081, F.S.; exempting controlled substances
  991         prescribed by an advanced registered nurse
  992         practitioner or a physician assistant from the
  993         disqualifications for certification or licensure, and
  994         for continued certification or licensure, as a deputy
  995         pilot or state pilot; amending s. 456.072, F.S.;
  996         applying existing penalties for violations relating to
  997         the prescribing or dispensing of controlled substances
  998         by an advanced registered nurse practitioner; amending
  999         s. 456.44, F.S.; defining the term “registrant”;
 1000         deleting an obsolete date; requiring advanced
 1001         registered nurse practitioners and physician
 1002         assistants who prescribe controlled substances for the
 1003         treatment of certain pain to make a certain
 1004         designation, comply with registration requirements,
 1005         and follow specified standards of practice; providing
 1006         applicability; amending ss. 458.3265 and 459.0137,
 1007         F.S.; limiting the authority to prescribe a controlled
 1008         substance in a pain-management clinic only to a
 1009         physician licensed under ch. 458, F.S., or ch. 459,
 1010         F.S.; amending s. 458.347, F.S.; revising the required
 1011         continuing education requirements for a physician
 1012         assistant; requiring that a specified formulary limit
 1013         the prescription of certain controlled substances by
 1014         physician assistants as of a specified date; amending
 1015         s. 464.003, F.S.; revising the term “advanced or
 1016         specialized nursing practice”; deleting the joint
 1017         committee established in the definition; amending s.
 1018         464.012, F.S.; requiring the Board of Nursing to
 1019         establish a committee to recommend a formulary of
 1020         controlled substances that may not be prescribed, or
 1021         may be prescribed only on a limited basis, by an
 1022         advanced registered nurse practitioner; specifying the
 1023         membership of the committee; providing parameters for
 1024         the formulary; requiring that the formulary be adopted
 1025         by board rule; specifying the process for amending the
 1026         formulary and imposing a burden of proof; limiting the
 1027         formulary’s application in certain instances;
 1028         requiring the board to adopt the committee’s initial
 1029         recommendations by a specified date; providing a short
 1030         title; authorizing an advanced registered nurse
 1031         practitioner to prescribe, dispense, administer, or
 1032         order drugs, including certain controlled substances
 1033         under certain circumstances, as of a specified date;
 1034         amending s. 464.013, F.S.; revising continuing
 1035         education requirements for renewal of a license or
 1036         certificate; amending s. 464.018, F.S.; specifying
 1037         acts that constitute grounds for denial of a license
 1038         or for disciplinary action against an advanced
 1039         registered nurse practitioner; amending s. 766.1115,
 1040         F.S.; revising the definition of the term “contract”;
 1041         amending s. 893.02, F.S.; revising the term
 1042         “practitioner” to include advanced registered nurse
 1043         practitioners and physician assistants under the
 1044         Florida Comprehensive Drug Abuse Prevention and
 1045         Control Act if a certain requirement is met; amending
 1046         s. 948.03, F.S.; providing that possession of drugs or
 1047         narcotics prescribed by an advanced registered nurse
 1048         practitioner or a physician assistant does not violate
 1049         a prohibition relating to the possession of drugs or
 1050         narcotics during probation; amending ss. 458.348 and
 1051         459.025, F.S.; conforming provisions to changes made
 1052         by the act; reenacting ss. 458.331(10), 458.347(7)(g),
 1053         459.015(10), 459.022(7)(f), and 465.0158(5)(b), F.S.,
 1054         to incorporate the amendment made to s. 456.072, F.S.,
 1055         in references thereto; reenacting ss. 456.072(1)(mm)
 1056         and 466.02751, F.S., to incorporate the amendment made
 1057         to s. 456.44, F.S., in references thereto; reenacting
 1058         ss. 458.303, 458.3475(7)(b), 459.022(4)(e) and (9)(c),
 1059         and 459.023(7)(b), F.S., to incorporate the amendment
 1060         made to s. 458.347, F.S., in references thereto;
 1061         reenacting s. 464.012(3)(c), F.S., to incorporate the
 1062         amendment made to s. 464.003, F.S., in a reference
 1063         thereto; reenacting ss. 456.041(1)(a), 458.348(1) and
 1064         (2), and 459.025(1), F.S., to incorporate the
 1065         amendment made to s. 464.012, F.S., in references
 1066         thereto; reenacting s. 464.0205(7), F.S., to
 1067         incorporate the amendment made to s. 464.013, F.S., in
 1068         a reference thereto; reenacting ss. 320.0848(11),
 1069         464.008(2), 464.009(5), and 464.0205(1)(b), (3), and
 1070         (4)(b), F.S., to incorporate the amendment made to s.
 1071         464.018, F.S., in references thereto; reenacting s.
 1072         775.051, F.S., to incorporate the amendment made to s.
 1073         893.02, F.S., in a reference thereto; reenacting ss.
 1074         944.17(3)(a), 948.001(8), and 948.101(1)(e), F.S., to
 1075         incorporate the amendment made to s. 948.03, F.S., in
 1076         references thereto; providing effective dates.