Florida Senate - 2019                                    SB 1050
       By Senator Diaz
       36-00651A-19                                          20191050__
    1                        A bill to be entitled                      
    2         An act relating to pharmacy; amending s. 465.003,
    3         F.S.; revising the definition of the term “practice of
    4         the profession of pharmacy”; amending s. 465.0125,
    5         F.S.; authorizing a consultant pharmacist to perform
    6         specified services under certain conditions; revising
    7         the responsibilities of a consultant pharmacist;
    8         requiring a consultant pharmacist and a collaborating
    9         practitioner to maintain collaborative practice
   10         agreements; requiring collaborative practice
   11         agreements to be made available upon request from or
   12         upon inspection by the Department of Health; defining
   13         the term “health care facility”; conforming provisions
   14         to changes made by the act; providing an effective
   15         date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Subsection (13) of section 465.003, Florida
   20  Statutes, is amended to read:
   21         465.003 Definitions.—As used in this chapter, the term:
   22         (13) “Practice of the profession of pharmacy” includes
   23  compounding, dispensing, and consulting concerning contents,
   24  therapeutic values, and uses of any medicinal drug; consulting
   25  concerning therapeutic values and interactions of patent or
   26  proprietary preparations, whether pursuant to prescriptions or
   27  in the absence and entirely independent of such prescriptions or
   28  orders; and conducting other pharmaceutical services. For
   29  purposes of this subsection, “other pharmaceutical services”
   30  means the monitoring of the patient’s drug therapy and assisting
   31  the patient in the management of his or her drug therapy, and
   32  includes review and recommendations made in of the patient’s
   33  drug therapy and communication with the patient’s prescribing
   34  health care provider as licensed under chapter 458, chapter 459,
   35  chapter 461, or chapter 466, or a similar statutory provision in
   36  another jurisdiction, or such provider’s agent or such other
   37  persons as specifically authorized by the patient, regarding the
   38  patient’s drug therapy and health care status. However, nothing
   39  in this subsection may not be interpreted to permit an
   40  alteration of a prescriber’s directions, the diagnosis or
   41  treatment of any disease, the initiation of any drug therapy,
   42  the practice of medicine, or the practice of osteopathic
   43  medicine, unless otherwise permitted by law. “Practice of the
   44  profession of pharmacy” also includes any other act, service,
   45  operation, research, or transaction incidental to, or forming a
   46  part of, any of the foregoing acts, requiring, involving, or
   47  employing the science or art of any branch of the pharmaceutical
   48  profession, study, or training, and shall expressly permit a
   49  pharmacist to transmit information from persons authorized to
   50  prescribe medicinal drugs to their patients. The practice of the
   51  profession of pharmacy also includes the administration of
   52  vaccines to adults pursuant to s. 465.189 and the preparation of
   53  prepackaged drug products in facilities holding Class III
   54  institutional pharmacy permits. The term also includes the
   55  ordering and evaluating of any laboratory or clinical testing;
   56  conducting patient assessments; and initiating, modifying,
   57  discontinuing, or administering medicinal drugs pursuant to s.
   58  465.0125.
   59         Section 2. Section 465.0125, Florida Statutes, is amended
   60  to read:
   61         465.0125 Consultant pharmacist license; application,
   62  renewal, fees; responsibilities; rules.—
   63         (1) The department shall issue or renew a consultant
   64  pharmacist license upon receipt of an initial or renewal
   65  application that which conforms to the requirements for
   66  consultant pharmacist initial licensure or renewal as adopted
   67  promulgated by the board by rule and a fee set by the board not
   68  to exceed $250. To be licensed as a consultant pharmacist, a
   69  pharmacist must complete additional training as required by the
   70  board.
   71         (a)A consultant pharmacist may provide medication
   72  management services within the framework of a collaborative
   73  practice agreement between the pharmacist and a physician
   74  licensed under chapter 458 or chapter 459, a podiatric physician
   75  licensed under chapter 461, or a dentist licensed under chapter
   76  466, who is authorized to prescribe medicinal drugs. Such
   77  collaborative practice agreement must outline the circumstances
   78  under which the consultant pharmacist may:
   79         1.Order and evaluate any laboratory or clinical tests to
   80  promote and evaluate patient health and wellness, and monitor
   81  drug therapy and treatment outcomes.
   82         2.Conduct patient assessments as appropriate to evaluate
   83  and monitor drug therapy.
   84         3.Initiate, modify, or discontinue medicinal drugs as
   85  outlined in the agreed upon patient-specific order or
   86  preapproved treatment protocol under the direction of a
   87  physician.
   88         4.Administer medicinal drugs.
   89         (b)A The consultant pharmacist shall maintain be
   90  responsible for maintaining all drug, patient care, and quality
   91  assurance records as required by law and, with the collaborating
   92  practitioner, shall maintain collaborative practice agreements
   93  that must be available upon request from or upon inspection by
   94  the department.
   95         (c)For purposes of this subsection, the term “health care
   96  facility” means an ambulatory surgical center or hospital
   97  licensed under chapter 395, an alcohol or chemical dependency
   98  treatment center licensed under chapter 397, a hospice licensed
   99  under part IV of chapter 400, a nursing home licensed under part
  100  II of chapter 400, a home health agency licensed under part III
  101  of chapter 400, an ambulatory care center as defined in s.
  102  408.07, or a nursing home component under chapter 400 within a
  103  continuing care facility licensed under chapter 651. for
  104  establishing drug handling procedures for the safe handling and
  105  storage of drugs. The consultant pharmacist may also be
  106  responsible for ordering and evaluating any laboratory or
  107  clinical testing when, in the judgment of the consultant
  108  pharmacist, such activity is necessary for the proper
  109  performance of the consultant pharmacist’s responsibilities.
  110  Such laboratory or clinical testing may be ordered only with
  111  regard to patients residing in a nursing home facility, and then
  112  only when authorized by the medical director of the nursing home
  113  facility. The consultant pharmacist must have completed such
  114  additional training and demonstrate such additional
  115  qualifications in the practice of institutional pharmacy as
  116  shall be required by the board in addition to licensure as a
  117  registered pharmacist.
  118         (2)Notwithstanding the provisions of subsection (1), a
  119  consultant pharmacist or a doctor of pharmacy licensed in this
  120  state may also be responsible for ordering and evaluating any
  121  laboratory or clinical testing for persons under the care of a
  122  licensed home health agency when, in the judgment of the
  123  consultant pharmacist or doctor of pharmacy, such activity is
  124  necessary for the proper performance of his or her
  125  responsibilities and only when authorized by a practitioner
  126  licensed under chapter 458, chapter 459, chapter 461, or chapter
  127  466. In order for the consultant pharmacist or doctor of
  128  pharmacy to qualify and accept this authority, he or she must
  129  receive 3 hours of continuing education relating to laboratory
  130  and clinical testing as established by the board.
  131         (2)(3) The board shall adopt promulgate rules necessary to
  132  implement and administer this section.
  133         Section 3. This act shall take effect July 1, 2019.