Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. HB 1241, 1st Eng.
       
       
       
       
       
       
                                Ì646650&Î646650                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .         Floor: SENAT/C         
             03/03/2016 12:31 PM       .      03/09/2016 12:24 PM       
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       Senator Grimsley moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 120 - 222
    4  and insert:
    5  of chapter 400, notwithstanding any provisions in chapter 465 or
    6  chapter 893 which may prohibit this delegation. For the purpose
    7  of this paragraph, an order is not considered a prescription. A
    8  licensed physician assistant working in a facility that is
    9  licensed under chapter 395 may order any medication under the
   10  direction of the supervisory physician.
   11         Section 3. Paragraph (f) of subsection (4) of section
   12  459.022, Florida Statutes, is amended to read:
   13         459.022 Physician assistants.—
   14         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
   15         (f) A supervisory physician may delegate to a licensed
   16  physician assistant the authority to, and the licensed physician
   17  assistant acting under the direction of the supervisory
   18  physician may, order any medication medications for
   19  administration to the supervisory physician’s patient during his
   20  or her care in a facility licensed under chapter 395 or part II
   21  of chapter 400, notwithstanding any provisions in chapter 465 or
   22  chapter 893 which may prohibit this delegation. For the purpose
   23  of this paragraph, an order is not considered a prescription. A
   24  licensed physician assistant working in a facility that is
   25  licensed under chapter 395 may order any medication under the
   26  direction of the supervisory physician.
   27         Section 4. Paragraph (e) is added to subsection (3) of
   28  section 464.012, Florida Statutes, to read:
   29         464.012 Certification of advanced registered nurse
   30  practitioners; fees.—
   31         (3) An advanced registered nurse practitioner shall perform
   32  those functions authorized in this section within the framework
   33  of an established protocol that is filed with the board upon
   34  biennial license renewal and within 30 days after entering into
   35  a supervisory relationship with a physician or changes to the
   36  protocol. The board shall review the protocol to ensure
   37  compliance with applicable regulatory standards for protocols.
   38  The board shall refer to the department licensees submitting
   39  protocols that are not compliant with the regulatory standards
   40  for protocols. A practitioner currently licensed under chapter
   41  458, chapter 459, or chapter 466 shall maintain supervision for
   42  directing the specific course of medical treatment. Within the
   43  established framework, an advanced registered nurse practitioner
   44  may:
   45         (e)Order any medication for administration to a patient in
   46  a facility licensed under chapter 395 or part II of chapter 400,
   47  notwithstanding any provisions in chapter 465 or chapter 893.
   48         Section 5. Subsections (1) and (22) of section 893.02,
   49  Florida Statutes, are amended to read:
   50         893.02 Definitions.—The following words and phrases as used
   51  in this chapter shall have the following meanings, unless the
   52  context otherwise requires:
   53         (1) “Administer” or “administration” means the direct
   54  application of a controlled substance, whether by injection,
   55  inhalation, ingestion, or any other means, to the body of a
   56  person or animal.
   57         (22) “Prescription” means and includes any an order for
   58  drugs or medicinal supplies which is written, signed, or
   59  transmitted by any word of mouth, telephone, telegram, or other
   60  means of communication by a duly licensed practitioner
   61  authorized licensed by the laws of this the state to prescribe
   62  such drugs or medicinal supplies, is issued in good faith and in
   63  the course of professional practice, is intended to be filled,
   64  compounded, or dispensed by a another person authorized licensed
   65  by the laws of this the state to do so, and meets meeting the
   66  requirements of s. 893.04.
   67         (a) The term also includes an order for drugs or medicinal
   68  supplies so transmitted or written by a physician, dentist,
   69  veterinarian, or other practitioner licensed to practice in a
   70  state other than Florida, but only if the pharmacist called upon
   71  to fill such an order determines, in the exercise of his or her
   72  professional judgment, that the order was issued pursuant to a
   73  valid patient-physician relationship, that it is authentic, and
   74  that the drugs or medicinal supplies so ordered are considered
   75  necessary for the continuation of treatment of a chronic or
   76  recurrent illness.
   77         (b)However, If the physician writing the prescription is
   78  not known to the pharmacist, the pharmacist shall obtain proof
   79  to a reasonable certainty of the validity of the said
   80  prescription.
   81         (c) A prescription order for a controlled substance may
   82  
   83  ================= T I T L E  A M E N D M E N T ================
   84  And the title is amended as follows:
   85         Delete lines 17 - 21
   86  and insert:
   87         amending s. 893.02, F.S.; revising the term
   88         “administer” to include the term “administration”;
   89         revising the definition of the term “prescription”;
   90         amending s. 893.04, F.S.; conforming