Florida Senate - 2020                                    SB 1094
       By Senator Diaz
       36-00598A-20                                          20201094__
    1                        A bill to be entitled                      
    2         An act relating to consultant pharmacists; amending s.
    3         465.003, F.S.; revising the definition of the term
    4         “practice of the profession of pharmacy”; amending s.
    5         465.0125, F.S.; authorizing a consultant pharmacist to
    6         perform specified services under certain conditions;
    7         prohibiting a consultant pharmacist from modifying or
    8         discontinuing medicinal drugs prescribed by a health
    9         care practitioner under certain conditions; revising
   10         the responsibilities of a consultant pharmacist;
   11         requiring a consultant pharmacist and a collaborating
   12         practitioner to maintain collaborative practice
   13         agreements; requiring collaborative practice
   14         agreements to be made available upon request from or
   15         upon inspection by the Department of Health;
   16         prohibiting a consultant pharmacist from diagnosing
   17         any disease or condition; defining the term “health
   18         care facility”; providing an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Subsection (13) of section 465.003, Florida
   23  Statutes, is amended to read:
   24         465.003 Definitions.—As used in this chapter, the term:
   25         (13) “Practice of the profession of pharmacy” includes
   26  compounding, dispensing, and consulting concerning contents,
   27  therapeutic values, and uses of any medicinal drug; consulting
   28  concerning therapeutic values and interactions of patent or
   29  proprietary preparations, whether pursuant to prescriptions or
   30  in the absence and entirely independent of such prescriptions or
   31  orders; and conducting other pharmaceutical services. For
   32  purposes of this subsection, “other pharmaceutical services”
   33  means the monitoring of the patient’s drug therapy and assisting
   34  the patient in the management of his or her drug therapy, and
   35  includes review and recommendations made in of the patient’s
   36  drug therapy and communication with the patient’s prescribing
   37  health care provider as licensed under chapter 458, chapter 459,
   38  chapter 461, or chapter 466, or a similar statutory provision in
   39  another jurisdiction, or such provider’s agent or such other
   40  persons as specifically authorized by the patient, regarding the
   41  patient’s drug therapy and health care status. However, nothing
   42  in this subsection may not be interpreted to permit an
   43  alteration of a prescriber’s directions, the diagnosis or
   44  treatment of any disease, the initiation of any drug therapy,
   45  the practice of medicine, or the practice of osteopathic
   46  medicine, unless otherwise permitted by law. “Practice of the
   47  profession of pharmacy” also includes any other act, service,
   48  operation, research, or transaction incidental to, or forming a
   49  part of, any of the foregoing acts, requiring, involving, or
   50  employing the science or art of any branch of the pharmaceutical
   51  profession, study, or training, and shall expressly permit a
   52  pharmacist to transmit information from persons authorized to
   53  prescribe medicinal drugs to their patients. The practice of the
   54  profession of pharmacy also includes the administration of
   55  vaccines to adults pursuant to s. 465.189 and the preparation of
   56  prepackaged drug products in facilities holding Class III
   57  institutional pharmacy permits. The term also includes the
   58  ordering and evaluating of any laboratory or clinical testing;
   59  conducting patient assessments; and initiating, modifying,
   60  discontinuing, or administering medicinal drugs pursuant to s.
   61  465.0125.
   62         Section 2. Section 465.0125, Florida Statutes, is amended
   63  to read:
   64         465.0125 Consultant pharmacist license; application,
   65  renewal, fees; responsibilities; rules.—
   66         (1) The department shall issue or renew a consultant
   67  pharmacist license upon receipt of an initial or renewal
   68  application that which conforms to the requirements for
   69  consultant pharmacist initial licensure or renewal as adopted
   70  promulgated by the board by rule and a fee set by the board not
   71  to exceed $250. To be licensed as a consultant pharmacist, a
   72  pharmacist must complete additional training as required by the
   73  board.
   74         (a)A consultant pharmacist may provide medication
   75  management services within the framework of a collaborative
   76  practice agreement between the pharmacist and a health care
   77  facility medical director or a physician licensed under chapter
   78  458 or chapter 459, a podiatric physician licensed under chapter
   79  461, or a dentist licensed under chapter 466, who is authorized
   80  to prescribe medicinal drugs.
   81         (b)A collaborative practice agreement must outline the
   82  circumstances under which the consultant pharmacist may:
   83         1.Order and evaluate any laboratory or clinical tests to
   84  promote and evaluate patient health and wellness, and monitor
   85  drug therapy and treatment outcomes.
   86         2.Conduct patient assessments as appropriate to evaluate
   87  and monitor drug therapy.
   88         3.Initiate, modify, or discontinue medicinal drugs as
   89  outlined in the agreed upon patient-specific order or
   90  preapproved treatment protocol under the direction of a
   91  physician. A consultant pharmacist may not modify or discontinue
   92  medicinal drugs prescribed by a health care practitioner who
   93  does not have a collaborative practice agreement with the
   94  consultant pharmacist.
   95         4.Administer medicinal drugs.
   96         (c)A The consultant pharmacist shall maintain be
   97  responsible for maintaining all drug, patient care, and quality
   98  assurance records as required by law and, with the collaborating
   99  practitioner, shall maintain collaborative practice agreements
  100  that must be available upon request from or upon inspection by
  101  the department.
  102         (d)This subsection may not be construed to authorize a
  103  consultant pharmacist to diagnose any disease or condition.
  104         (e)For purposes of this subsection, the term “health care
  105  facility” means an ambulatory surgical center or hospital
  106  licensed under chapter 395, an alcohol or chemical dependency
  107  treatment center licensed under chapter 397, an inpatient
  108  hospice licensed under part IV of chapter 400, a nursing home
  109  licensed under part II of chapter 400, an ambulatory care center
  110  as defined in s. 408.07, or a nursing home component under
  111  chapter 400 within a continuing care facility licensed under
  112  chapter 651 for establishing drug handling procedures for the
  113  safe handling and storage of drugs. The consultant pharmacist
  114  may also be responsible for ordering and evaluating any
  115  laboratory or clinical testing when, in the judgment of the
  116  consultant pharmacist, such activity is necessary for the proper
  117  performance of the consultant pharmacist’s responsibilities.
  118  Such laboratory or clinical testing may be ordered only with
  119  regard to patients residing in a nursing home facility, and then
  120  only when authorized by the medical director of the nursing home
  121  facility. The consultant pharmacist must have completed such
  122  additional training and demonstrate such additional
  123  qualifications in the practice of institutional pharmacy as
  124  shall be required by the board in addition to licensure as a
  125  registered pharmacist.
  126         (2) Notwithstanding the provisions of subsection (1), a
  127  consultant pharmacist or a doctor of pharmacy licensed in this
  128  state may also be responsible for ordering and evaluating any
  129  laboratory or clinical testing for persons under the care of a
  130  licensed home health agency when, in the judgment of the
  131  consultant pharmacist or doctor of pharmacy, such activity is
  132  necessary for the proper performance of his or her
  133  responsibilities and only when authorized by a practitioner
  134  licensed under chapter 458, chapter 459, chapter 461, or chapter
  135  466. In order for the consultant pharmacist or doctor of
  136  pharmacy to qualify and accept this authority, he or she must
  137  receive 3 hours of continuing education relating to laboratory
  138  and clinical testing as established by the board.
  139         (3) The board shall adopt promulgate rules necessary to
  140  implement and administer this section.
  141         Section 3. This act shall take effect July 1, 2020.