Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 431, 1st Eng.
       
       
       
       
       
       
                                Ì8690828Î869082                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AE/2R         .            Floor: C            
             04/26/2021 01:29 PM       .      04/29/2021 05:09 PM       
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       Senator Diaz moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1) through (6), paragraphs (a),
    6  (d), and (e) of subsection (7), and subsection (13) of section
    7  458.347, Florida Statutes, are amended to read:
    8         458.347 Physician assistants.—
    9         (1) LEGISLATIVE INTENT.—
   10         (a) The purpose of this section is to authorize physician
   11  assistants, with their education, training, and experience in
   12  the field of medicine, to provide increased efficiency of and
   13  access to high-quality medical services at a reasonable cost to
   14  consumers encourage more effective utilization of the skills of
   15  physicians or groups of physicians by enabling them to delegate
   16  health care tasks to qualified assistants when such delegation
   17  is consistent with the patient’s health and welfare.
   18         (b) In order that maximum skills may be obtained within a
   19  minimum time period of education, a physician assistant shall be
   20  specialized to the extent that he or she can operate efficiently
   21  and effectively in the specialty areas in which he or she has
   22  been trained or is experienced.
   23         (c) The purpose of this section is to encourage the
   24  utilization of physician assistants by physicians and to allow
   25  for innovative development of programs for the education of
   26  physician assistants.
   27         (2) DEFINITIONS.—As used in this section, the term:
   28         (a) “Approved program” means a physician assistant program
   29  in the United States or in its territories or possessions which
   30  is accredited by the Accreditation Review Commission on
   31  Education for the Physician Assistant or, for programs before
   32  2001, accredited by its equivalent or predecessor entities the
   33  Committee on Allied Health Education and Accreditation or the
   34  Commission on Accreditation of Allied Health Education Programs
   35  program, formally approved by the boards, for the education of
   36  physician assistants.
   37         (b) “Boards” means the Board of Medicine and the Board of
   38  Osteopathic Medicine.
   39         (d)(c) “Council” means the Council on Physician Assistants.
   40         (h)(d) “Trainee” means a person who is currently enrolled
   41  in an approved program.
   42         (e) “Physician assistant” means a person who is a graduate
   43  of an approved program or its equivalent or meets standards
   44  approved by the boards and is licensed to perform medical
   45  services delegated by the supervising physician.
   46         (f) “Physician assistant national certifying examination”
   47  means the Physician Assistant National Certifying Examination
   48  administered by the National Commission on Certification of
   49  Physician Assistants or its successor agency.
   50         (g) “Supervision” means responsible supervision and
   51  control. Except in cases of emergency, supervision requires the
   52  easy availability or physical presence of the licensed physician
   53  for consultation and direction of the actions of the physician
   54  assistant. For the purposes of this definition, the term “easy
   55  availability” includes the ability to communicate by way of
   56  telecommunication. The boards shall establish rules as to what
   57  constitutes responsible supervision of the physician assistant.
   58         (g) “Proficiency examination” means an entry-level
   59  examination approved by the boards, including, but not limited
   60  to, those examinations administered by the National Commission
   61  on Certification of Physician Assistants.
   62         (c)(h) “Continuing medical education” means courses
   63  recognized and approved by the boards, the American Academy of
   64  Physician Assistants, the American Medical Association, the
   65  American Osteopathic Association, or the Accreditation Council
   66  on Continuing Medical Education.
   67         (3) PERFORMANCE OF SUPERVISING PHYSICIAN.—Each physician or
   68  group of physicians supervising a licensed physician assistant
   69  must be qualified in the medical areas in which the physician
   70  assistant is to perform and shall be individually or
   71  collectively responsible and liable for the performance and the
   72  acts and omissions of the physician assistant. A physician may
   73  not supervise more than 10 four currently licensed physician
   74  assistants at any one time. A physician supervising a physician
   75  assistant pursuant to this section may not be required to review
   76  and cosign charts or medical records prepared by such physician
   77  assistant.
   78         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
   79         (a) The boards shall adopt, by rule, the general principles
   80  that supervising physicians must use in developing the scope of
   81  practice of a physician assistant under direct supervision and
   82  under indirect supervision. These principles shall recognize the
   83  diversity of both specialty and practice settings in which
   84  physician assistants are used.
   85         (b) This chapter does not prevent third-party payors from
   86  reimbursing employers of physician assistants for covered
   87  services rendered by licensed physician assistants.
   88         (c) Licensed physician assistants may not be denied
   89  clinical hospital privileges, except for cause, so long as the
   90  supervising physician is a staff member in good standing.
   91         (d) A supervisory physician may delegate to a licensed
   92  physician assistant, pursuant to a written protocol, the
   93  authority to act according to s. 154.04(1)(c). Such delegated
   94  authority is limited to the supervising physician’s practice in
   95  connection with a county health department as defined and
   96  established pursuant to chapter 154. The boards shall adopt
   97  rules governing the supervision of physician assistants by
   98  physicians in county health departments.
   99         (e) A supervising physician may delegate to a fully
  100  licensed physician assistant the authority to prescribe or
  101  dispense any medication used in the supervising physician’s
  102  practice unless such medication is listed on the formulary
  103  created pursuant to paragraph (f). A fully licensed physician
  104  assistant may only prescribe or dispense such medication under
  105  the following circumstances:
  106         1. A physician assistant must clearly identify to the
  107  patient that he or she is a physician assistant and inform the
  108  patient that the patient has the right to see the physician
  109  before a prescription is prescribed or dispensed by the
  110  physician assistant.
  111         2. The supervising physician must notify the department of
  112  his or her intent to delegate, on a department-approved form,
  113  before delegating such authority and of any change in
  114  prescriptive privileges of the physician assistant. Authority to
  115  dispense may be delegated only by a supervising physician who is
  116  registered as a dispensing practitioner in compliance with s.
  117  465.0276.
  118         3. A fully licensed physician assistant may procure medical
  119  devices and drugs unless the medication is listed on the
  120  formulary created pursuant to paragraph (f).
  121         4. The physician assistant must complete a minimum of 10
  122  continuing medical education hours in the specialty practice in
  123  which the physician assistant has prescriptive privileges with
  124  each licensure renewal. Three of the 10 hours must consist of a
  125  continuing education course on the safe and effective
  126  prescribing of controlled substance medications which is offered
  127  by a statewide professional association of physicians in this
  128  state accredited to provide educational activities designated
  129  for the American Medical Association Physician’s Recognition
  130  Award Category 1 credit, or designated by the American Academy
  131  of Physician Assistants as a Category 1 credit, or designated by
  132  the American Osteopathic Association as a Category 1-A credit.
  133         4.The department may issue a prescriber number to the
  134  physician assistant granting authority for the prescribing of
  135  medicinal drugs authorized within this paragraph upon completion
  136  of the requirements of this paragraph. The physician assistant
  137  is not required to independently register pursuant to s.
  138  465.0276.
  139         5. The prescription may be in paper or electronic form but
  140  must comply with ss. 456.0392(1) and 456.42(1) and chapter 499
  141  and must contain the physician assistant’s, in addition to the
  142  supervising physician’s name, address, and telephone number and
  143  the name of each of his or her supervising physicians, the
  144  physician assistant’s prescriber number. Unless it is a drug or
  145  drug sample dispensed by the physician assistant, the
  146  prescription must be filled in a pharmacy permitted under
  147  chapter 465 and must be dispensed in that pharmacy by a
  148  pharmacist licensed under chapter 465. The inclusion of the
  149  prescriber number creates a presumption that the physician
  150  assistant is authorized to prescribe the medicinal drug and the
  151  prescription is valid.
  152         6. The physician assistant must note the prescription or
  153  dispensing of medication in the appropriate medical record.
  154         (f)1. The council shall establish a formulary of medicinal
  155  drugs that a fully licensed physician assistant having
  156  prescribing authority under this section or s. 459.022 may not
  157  prescribe. The formulary must include general anesthetics and
  158  radiographic contrast materials and must limit the prescription
  159  of Schedule II controlled substances as listed in s. 893.03 to a
  160  7-day supply. The formulary must also restrict the prescribing
  161  of Schedule II psychiatric mental health controlled substances
  162  for children younger than 18 years of age to a 14-day supply,
  163  provided the physician assistant is under the supervision of a
  164  pediatrician, a family practice physician, an internal medicine
  165  physician, or a psychiatrist.
  166         2. In establishing the formulary, the council shall consult
  167  with a pharmacist licensed under chapter 465, but not licensed
  168  under this chapter or chapter 459, who shall be selected by the
  169  State Surgeon General.
  170         3. Only the council shall add to, delete from, or modify
  171  the formulary. Any person who requests an addition, a deletion,
  172  or a modification of a medicinal drug listed on such formulary
  173  has the burden of proof to show cause why such addition,
  174  deletion, or modification should be made.
  175         4. The boards shall adopt the formulary required by this
  176  paragraph, and each addition, deletion, or modification to the
  177  formulary, by rule. Notwithstanding any provision of chapter 120
  178  to the contrary, the formulary rule shall be effective 60 days
  179  after the date it is filed with the Secretary of State. Upon
  180  adoption of the formulary, the department shall mail a copy of
  181  such formulary to each fully licensed physician assistant having
  182  prescribing authority under this section or s. 459.022, and to
  183  each pharmacy licensed by the state. The boards shall establish,
  184  by rule, a fee not to exceed $200 to fund the provisions of this
  185  paragraph and paragraph (e).
  186         (g) A supervisory physician may delegate to a licensed
  187  physician assistant the authority to, and the licensed physician
  188  assistant acting under the direction of the supervisory
  189  physician may, order any medication for administration to the
  190  supervisory physician’s patient in a facility licensed under
  191  chapter 395 or part II of chapter 400, notwithstanding any
  192  provisions in chapter 465 or chapter 893 which may prohibit this
  193  delegation.
  194         (h) A licensed physician assistant may perform services
  195  delegated by the supervising physician in the physician
  196  assistant’s practice in accordance with his or her education and
  197  training unless expressly prohibited under this chapter, chapter
  198  459, or rules adopted under this chapter or chapter 459.
  199         (i)Except for a physician certification under s. 381.986,
  200  a physician assistant may authenticate any document with his or
  201  her signature, certification, stamp, verification, affidavit, or
  202  endorsement if such document may be so authenticated by the
  203  signature, certification, stamp, verification, affidavit, or
  204  endorsement of a physician, except those required for s.
  205  381.986. Such documents include, but are not limited to, any of
  206  the following:
  207         1.Initiation of an involuntary examination pursuant to s.
  208  394.463.
  209         2.Do-not-resuscitate orders or physician orders for the
  210  administration of life-sustaining treatment.
  211         3.Death certificates.
  212         4.School physical examinations.
  213         5.Medical examinations for workers’ compensation claims,
  214  except medical examinations required for the evaluation and
  215  assignment of the claimant’s date of maximum medical improvement
  216  as defined in s. 440.02 and for the impairment rating, if any,
  217  under s. 440.15.
  218         6.Orders for physical therapy, occupational therapy,
  219  speech-language therapy, home health services, or durable
  220  medical equipment.
  221         (j)A physician assistant may supervise medical assistants
  222  as defined in this chapter.
  223         (k)This chapter authorizes third-party payors to reimburse
  224  employers of physician assistants for covered services rendered
  225  by licensed physician assistants. Payment for services within
  226  the physician assistant’s scope of practice must be made when
  227  ordered or performed by a physician assistant if the same
  228  service would have been covered if ordered or performed by a
  229  physician. Physician assistants are authorized to bill for and
  230  receive direct payment for the services they deliver.
  231         (5) PERFORMANCE BY TRAINEES.—Notwithstanding any other law,
  232  a trainee may perform medical services when such services are
  233  rendered within the scope of an approved program.
  234         (6) PROGRAM APPROVAL.—
  235         (a) The boards shall approve programs, based on
  236  recommendations by the council, for the education and training
  237  of physician assistants which meet standards established by rule
  238  of the boards. The council may recommend only those physician
  239  assistant programs that hold full accreditation or provisional
  240  accreditation from the Accreditation Review Commission on
  241  Education for the Physician Assistant or its successor entity
  242  or, before 2001, from the Committee on Allied Health Education
  243  and Accreditation or the Commission on Accreditation of Allied
  244  Health Programs or its successor organization. Any educational
  245  institution offering a physician assistant program approved by
  246  the boards pursuant to this paragraph may also offer the
  247  physician assistant program authorized in paragraph (c) for
  248  unlicensed physicians.
  249         (b) Notwithstanding any other law, a trainee may perform
  250  medical services when such services are rendered within the
  251  scope of an approved program The boards shall adopt and publish
  252  standards to ensure that such programs operate in a manner that
  253  does not endanger the health or welfare of the patients who
  254  receive services within the scope of the programs. The boards
  255  shall review the quality of the curricula, faculties, and
  256  facilities of such programs and take whatever other action is
  257  necessary to determine that the purposes of this section are
  258  being met.
  259         (c)Any community college with the approval of the State
  260  Board of Education may conduct a physician assistant program
  261  which shall apply for national accreditation through the
  262  American Medical Association’s Committee on Allied Health,
  263  Education, and Accreditation, or its successor organization, and
  264  which may admit unlicensed physicians, as authorized in
  265  subsection (7), who are graduates of foreign medical schools
  266  listed with the World Health Organization. The unlicensed
  267  physician must have been a resident of this state for a minimum
  268  of 12 months immediately prior to admission to the program. An
  269  evaluation of knowledge base by examination shall be required to
  270  grant advanced academic credit and to fulfill the necessary
  271  requirements to graduate. A minimum of one 16-week semester of
  272  supervised clinical and didactic education, which may be
  273  completed simultaneously, shall be required before graduation
  274  from the program. All other provisions of this section shall
  275  remain in effect.
  276         (6)(7) PHYSICIAN ASSISTANT LICENSURE.—
  277         (a) Any person desiring to be licensed as a physician
  278  assistant must apply to the department. The department shall
  279  issue a license to any person certified by the council as having
  280  met all of the following requirements:
  281         1. Is at least 18 years of age.
  282         2. Has graduated from an approved program.
  283         a.For an applicant who graduated after December 31, 2020,
  284  has received a master’s degree in accordance with the
  285  Accreditation Review Commission on Education for the Physician
  286  Assistant or, before 2001, its equivalent or predecessor
  287  organization.
  288         b.For an applicant who graduated on or before December 31,
  289  2020, has received a bachelor’s or master’s degree from an
  290  approved program.
  291         c.For an applicant who graduated before July 1, 1994, has
  292  graduated from an approved program of instruction in primary
  293  health care or surgery.
  294         d.For an applicant who graduated before July 1, 1983, has
  295  received a certification as a physician assistant from the
  296  boards.
  297         e.The board may also grant a license to an applicant who
  298  does not meet the educational requirement specified in this
  299  subparagraph but who has passed the Physician Assistant National
  300  Certifying Examination administered by the National Commission
  301  on Certification of Physician Assistants before 1986.
  302         3. Has obtained a passing score as satisfactorily passed a
  303  proficiency examination by an acceptable score established by
  304  the National Commission on Certification of Physician Assistants
  305  or its equivalent or successor organization and has been
  306  nationally certified. If an applicant does not hold a current
  307  certificate issued by the National Commission on Certification
  308  of Physician Assistants or its equivalent or successor
  309  organization and has not actively practiced as a physician
  310  assistant within the immediately preceding 4 years, the
  311  applicant must retake and successfully complete the entry-level
  312  examination of the National Commission on Certification of
  313  Physician Assistants or its equivalent or successor organization
  314  to be eligible for licensure.
  315         4.3. Has completed the application form and remitted an
  316  application fee not to exceed $300 as set by the boards. An
  317  application for licensure as made by a physician assistant must
  318  include:
  319         a. A diploma from an approved certificate of completion of
  320  a physician assistant training program specified in subsection
  321  (6).
  322         b. Acknowledgment of any prior felony convictions.
  323         c. Acknowledgment of any previous revocation or denial of
  324  licensure or certification in any state.
  325         d.A copy of course transcripts and a copy of the course
  326  description from a physician assistant training program
  327  describing course content in pharmacotherapy, if the applicant
  328  wishes to apply for prescribing authority. These documents must
  329  meet the evidence requirements for prescribing authority.
  330         (d)Upon employment as a physician assistant, a licensed
  331  physician assistant must notify the department in writing within
  332  30 days after such employment or after any subsequent changes in
  333  the supervising physician. The notification must include the
  334  full name, Florida medical license number, specialty, and
  335  address of the supervising physician.
  336         (d)(e) Notwithstanding subparagraph (a)2., the department
  337  may grant to a recent graduate of an approved program, as
  338  specified in subsection (5) (6), who expects to take the first
  339  examination administered by the National Commission on
  340  Certification of Physician Assistants available for registration
  341  after the applicant’s graduation, a temporary license. The
  342  temporary license shall expire 30 days after receipt of scores
  343  of the proficiency examination administered by the National
  344  Commission on Certification of Physician Assistants. Between
  345  meetings of the council, the department may grant a temporary
  346  license to practice based on the completion of all temporary
  347  licensure requirements. All such administratively issued
  348  licenses shall be reviewed and acted on at the next regular
  349  meeting of the council. The recent graduate may be licensed
  350  before employment but must comply with paragraph (d). An
  351  applicant who has passed the proficiency examination may be
  352  granted permanent licensure. An applicant failing the
  353  proficiency examination is no longer temporarily licensed but
  354  may reapply for a 1-year extension of temporary licensure. An
  355  applicant may not be granted more than two temporary licenses
  356  and may not be licensed as a physician assistant until he or she
  357  passes the examination administered by the National Commission
  358  on Certification of Physician Assistants. As prescribed by board
  359  rule, the council may require an applicant who does not pass the
  360  licensing examination after five or more attempts to complete
  361  additional remedial education or training. The council shall
  362  prescribe the additional requirements in a manner that permits
  363  the applicant to complete the requirements and be reexamined
  364  within 2 years after the date the applicant petitions the
  365  council to retake the examination a sixth or subsequent time.
  366         (12)(13) RULES.—The boards shall adopt rules to implement
  367  this section, including rules detailing the contents of the
  368  application for licensure and notification pursuant to
  369  subsection (6) (7) and rules to ensure both the continued
  370  competency of physician assistants and the proper utilization of
  371  them by physicians or groups of physicians.
  372         Section 2. Subsections (1) through (6), paragraphs (a),
  373  (d), and (e) of subsection (7), and subsection (13) of section
  374  459.022, Florida Statutes, are amended to read:
  375         459.022 Physician assistants.—
  376         (1) LEGISLATIVE INTENT.—
  377         (a) The purpose of this section is to authorize physician
  378  assistants, with their education, training, and experience in
  379  the field of medicine, to provide increased efficiency of and
  380  access to high-quality medical services at a reasonable cost to
  381  consumers encourage more effective utilization of the skills of
  382  osteopathic physicians or groups of osteopathic physicians by
  383  enabling them to delegate health care tasks to qualified
  384  assistants when such delegation is consistent with the patient’s
  385  health and welfare.
  386         (b)In order that maximum skills may be obtained within a
  387  minimum time period of education, a physician assistant shall be
  388  specialized to the extent that she or he can operate efficiently
  389  and effectively in the specialty areas in which she or he has
  390  been trained or is experienced.
  391         (c)The purpose of this section is to encourage the
  392  utilization of physician assistants by osteopathic physicians
  393  and to allow for innovative development of programs for the
  394  education of physician assistants.
  395         (2) DEFINITIONS.—As used in this section, the term:
  396         (a) “Approved program” means a physician assistant program
  397  in the United States or in its territories or possessions which
  398  is accredited by the Accreditation Review Commission on
  399  Education for the Physician Assistant or, for programs before
  400  2001, accredited by its equivalent or predecessor entities the
  401  Committee on Allied Health Education and Accreditation or the
  402  Commission on Accreditation of Allied Health Education Programs
  403  program, formally approved by the boards, for the education of
  404  physician assistants.
  405         (b) “Boards” means the Board of Medicine and the Board of
  406  Osteopathic Medicine.
  407         (d)(c) “Council” means the Council on Physician Assistants.
  408         (h)(d) “Trainee” means a person who is currently enrolled
  409  in an approved program.
  410         (e) “Physician assistant” means a person who is a graduate
  411  of an approved program or its equivalent or meets standards
  412  approved by the boards and is licensed to perform medical
  413  services delegated by the supervising physician.
  414         (f) “Physician assistant national certifying examination”
  415  means the Physician Assistant National Certifying Examination
  416  administered by the National Commission on Certification of
  417  Physician Assistants or its successor agency.
  418         (g) “Supervision” means responsible supervision and
  419  control. Except in cases of emergency, supervision requires the
  420  easy availability or physical presence of the licensed physician
  421  for consultation and direction of the actions of the physician
  422  assistant. For the purposes of this definition, the term “easy
  423  availability” includes the ability to communicate by way of
  424  telecommunication. The boards shall establish rules as to what
  425  constitutes responsible supervision of the physician assistant.
  426         (g)“Proficiency examination” means an entry-level
  427  examination approved by the boards, including, but not limited
  428  to, those examinations administered by the National Commission
  429  on Certification of Physician Assistants.
  430         (c)(h) “Continuing medical education” means courses
  431  recognized and approved by the boards, the American Academy of
  432  Physician Assistants, the American Medical Association, the
  433  American Osteopathic Association, or the Accreditation Council
  434  on Continuing Medical Education.
  435         (3) PERFORMANCE OF SUPERVISING PHYSICIAN.—Each physician or
  436  group of physicians supervising a licensed physician assistant
  437  must be qualified in the medical areas in which the physician
  438  assistant is to perform and shall be individually or
  439  collectively responsible and liable for the performance and the
  440  acts and omissions of the physician assistant. A physician may
  441  not supervise more than 10 four currently licensed physician
  442  assistants at any one time. A physician supervising a physician
  443  assistant pursuant to this section may not be required to review
  444  and cosign charts or medical records prepared by such physician
  445  assistant.
  446         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  447         (a) The boards shall adopt, by rule, the general principles
  448  that supervising physicians must use in developing the scope of
  449  practice of a physician assistant under direct supervision and
  450  under indirect supervision. These principles shall recognize the
  451  diversity of both specialty and practice settings in which
  452  physician assistants are used.
  453         (b) This chapter does not prevent third-party payors from
  454  reimbursing employers of physician assistants for covered
  455  services rendered by licensed physician assistants.
  456         (c) Licensed physician assistants may not be denied
  457  clinical hospital privileges, except for cause, so long as the
  458  supervising physician is a staff member in good standing.
  459         (d) A supervisory physician may delegate to a licensed
  460  physician assistant, pursuant to a written protocol, the
  461  authority to act according to s. 154.04(1)(c). Such delegated
  462  authority is limited to the supervising physician’s practice in
  463  connection with a county health department as defined and
  464  established pursuant to chapter 154. The boards shall adopt
  465  rules governing the supervision of physician assistants by
  466  physicians in county health departments.
  467         (e) A supervising physician may delegate to a fully
  468  licensed physician assistant the authority to prescribe or
  469  dispense any medication used in the supervising physician’s
  470  practice unless such medication is listed on the formulary
  471  created pursuant to s. 458.347. A fully licensed physician
  472  assistant may only prescribe or dispense such medication under
  473  the following circumstances:
  474         1. A physician assistant must clearly identify to the
  475  patient that she or he is a physician assistant and must inform
  476  the patient that the patient has the right to see the physician
  477  before a prescription is prescribed or dispensed by the
  478  physician assistant.
  479         2. The supervising physician must notify the department of
  480  her or his intent to delegate, on a department-approved form,
  481  before delegating such authority and of any change in
  482  prescriptive privileges of the physician assistant. Authority to
  483  dispense may be delegated only by a supervising physician who is
  484  registered as a dispensing practitioner in compliance with s.
  485  465.0276.
  486         3. A fully licensed physician assistant may procure medical
  487  devices and drugs unless the medication is listed on the
  488  formulary created pursuant to s. 458.347(4)(f).
  489         4. The physician assistant must complete a minimum of 10
  490  continuing medical education hours in the specialty practice in
  491  which the physician assistant has prescriptive privileges with
  492  each licensure renewal. Three of the 10 hours must consist of a
  493  continuing education course on the safe and effective
  494  prescribing of controlled substance medications which is offered
  495  by a provider that has been approved by the American Academy of
  496  Physician Assistants and which is designated for the American
  497  Medical Association Physician’s Recognition Award Category 1
  498  credit, designated by the American Academy of Physician
  499  Assistants as a Category 1 credit, or designated by the American
  500  Osteopathic Association as a Category 1-A credit.
  501         4.The department may issue a prescriber number to the
  502  physician assistant granting authority for the prescribing of
  503  medicinal drugs authorized within this paragraph upon completion
  504  of the requirements of this paragraph. The physician assistant
  505  is not required to independently register pursuant to s.
  506  465.0276.
  507         5. The prescription may be in paper or electronic form but
  508  must comply with ss. 456.0392(1) and 456.42(1) and chapter 499
  509  and must contain the physician assistant’s, in addition to the
  510  supervising physician’s name, address, and telephone number and
  511  the name of each of his or her supervising physicians, the
  512  physician assistant’s prescriber number. Unless it is a drug or
  513  drug sample dispensed by the physician assistant, the
  514  prescription must be filled in a pharmacy permitted under
  515  chapter 465, and must be dispensed in that pharmacy by a
  516  pharmacist licensed under chapter 465. The inclusion of the
  517  prescriber number creates a presumption that the physician
  518  assistant is authorized to prescribe the medicinal drug and the
  519  prescription is valid.
  520         6. The physician assistant must note the prescription or
  521  dispensing of medication in the appropriate medical record.
  522         (f) A supervisory physician may delegate to a licensed
  523  physician assistant the authority to, and the licensed physician
  524  assistant acting under the direction of the supervisory
  525  physician may, order any medication for administration to the
  526  supervisory physician’s patient in a facility licensed under
  527  chapter 395 or part II of chapter 400, notwithstanding any
  528  provisions in chapter 465 or chapter 893 which may prohibit this
  529  delegation.
  530         (g) A licensed physician assistant may perform services
  531  delegated by the supervising physician in the physician
  532  assistant’s practice in accordance with his or her education and
  533  training unless expressly prohibited under this chapter, chapter
  534  458, or rules adopted under this chapter or chapter 458.
  535         (h)Except for a physician certification under s. 381.986,
  536  a physician assistant may authenticate any document with his or
  537  her signature, certification, stamp, verification, affidavit, or
  538  endorsement if such document may be so authenticated by the
  539  signature, certification, stamp, verification, affidavit, or
  540  endorsement of a physician, except those required for s.
  541  381.986. Such documents include, but are not limited to, any of
  542  the following:
  543         1.Initiation of an involuntary examination pursuant to s.
  544  394.463.
  545         2.Do-not-resuscitate orders or physician orders for the
  546  administration of life-sustaining treatment.
  547         3.Death certificates.
  548         4.School physical examinations.
  549         5.Medical examinations for workers’ compensation claims,
  550  except medical examinations required for the evaluation and
  551  assignment of the claimant’s date of maximum medical improvement
  552  as defined in s. 440.02 and for the impairment rating, if any,
  553  under s. 440.15.
  554         6.Orders for physical therapy, occupational therapy,
  555  speech-language therapy, home health services, or durable
  556  medical equipment.
  557         (i)A physician assistant may supervise medical assistants
  558  as defined in chapter 458.
  559         (j)This chapter authorizes third-party payors to reimburse
  560  employers of physician assistants for covered services rendered
  561  by licensed physician assistants. Payment for services within
  562  the physician assistant’s scope of practice must be made when
  563  ordered or performed by a physician assistant if the same
  564  service would have been covered if ordered or performed by a
  565  physician. Physician assistants are authorized to bill for and
  566  receive direct payment for the services they deliver.
  567         (5) PERFORMANCE BY TRAINEES.—Notwithstanding any other law,
  568  a trainee may perform medical services when such services are
  569  rendered within the scope of an approved program.
  570         (6) PROGRAM APPROVAL.—
  571         (a) The boards shall approve programs, based on
  572  recommendations by the council, for the education and training
  573  of physician assistants which meet standards established by rule
  574  of the boards. The council may recommend only those physician
  575  assistant programs that hold full accreditation or provisional
  576  accreditation from the Accreditation Review Commission on
  577  Education for the Physician Assistant or its successor entity
  578  or, before 2001, from the Committee on Allied Health Education
  579  and Accreditation or the Commission on Accreditation of Allied
  580  Health Programs or its successor organization.
  581         (b) Notwithstanding any other law, a trainee may perform
  582  medical services when such services are rendered within the
  583  scope of an approved program The boards shall adopt and publish
  584  standards to ensure that such programs operate in a manner that
  585  does not endanger the health or welfare of the patients who
  586  receive services within the scope of the programs. The boards
  587  shall review the quality of the curricula, faculties, and
  588  facilities of such programs and take whatever other action is
  589  necessary to determine that the purposes of this section are
  590  being met.
  591         (6)(7) PHYSICIAN ASSISTANT LICENSURE.—
  592         (a) Any person desiring to be licensed as a physician
  593  assistant must apply to the department. The department shall
  594  issue a license to any person certified by the council as having
  595  met all of the following requirements:
  596         1. Is at least 18 years of age.
  597         2. Has graduated from an approved program.
  598         a.For an applicant who graduated after December 31, 2020,
  599  has received a master’s degree in accordance with the
  600  Accreditation Review Commission on Education for the Physician
  601  Assistant or, before 2001, its equivalent or predecessor
  602  organization.
  603         b.For an applicant who graduated on or before December 31,
  604  2020, has received a bachelor’s or master’s degree from an
  605  approved program.
  606         c.For an applicant who graduated before July 1, 1994, has
  607  graduated from an approved program of instruction in primary
  608  health care or surgery.
  609         d.For an applicant who graduated before July 1, 1983, has
  610  received a certification as a physician assistant from the
  611  boards.
  612         e.The board may also grant a license to an applicant who
  613  does not meet the educational requirement specified in this
  614  subparagraph but who has passed the Physician Assistant National
  615  Certifying Examination administered by the National Commission
  616  on Certification of Physician Assistants before 1986.
  617         3. Has obtained a passing score as satisfactorily passed a
  618  proficiency examination by an acceptable score established by
  619  the National Commission on Certification of Physician Assistants
  620  or its equivalent or successor organization and has been
  621  nationally certified. If an applicant does not hold a current
  622  certificate issued by the National Commission on Certification
  623  of Physician Assistants or its equivalent or successor
  624  organization and has not actively practiced as a physician
  625  assistant within the immediately preceding 4 years, the
  626  applicant must retake and successfully complete the entry-level
  627  examination of the National Commission on Certification of
  628  Physician Assistants or its equivalent or successor organization
  629  to be eligible for licensure.
  630         4.3. Has completed the application form and remitted an
  631  application fee not to exceed $300 as set by the boards. An
  632  application for licensure as made by a physician assistant must
  633  include:
  634         a. A diploma from an approved certificate of completion of
  635  a physician assistant training program specified in subsection
  636  (6).
  637         b. Acknowledgment of any prior felony convictions.
  638         c. Acknowledgment of any previous revocation or denial of
  639  licensure or certification in any state.
  640         d. A copy of course transcripts and a copy of the course
  641  description from a physician assistant training program
  642  describing course content in pharmacotherapy, if the applicant
  643  wishes to apply for prescribing authority. These documents must
  644  meet the evidence requirements for prescribing authority.
  645         (d) Upon employment as a physician assistant, a licensed
  646  physician assistant must notify the department in writing within
  647  30 days after such employment or after any subsequent changes in
  648  the supervising physician. The notification must include the
  649  full name, Florida medical license number, specialty, and
  650  address of the supervising physician.
  651         (d)(e) Notwithstanding subparagraph (a)2., the department
  652  may grant to a recent graduate of an approved program, as
  653  specified in subsection (5) (6), a temporary license to expire
  654  upon receipt of scores of the proficiency examination
  655  administered by the National Commission on Certification of
  656  Physician Assistants. Between meetings of the council, the
  657  department may grant a temporary license to practice to
  658  physician assistant applicants based on the completion of all
  659  temporary licensure requirements. All such administratively
  660  issued licenses shall be reviewed and acted on at the next
  661  regular meeting of the council. The recent graduate may be
  662  licensed before prior to employment, but must comply with
  663  paragraph (d). An applicant who has passed the proficiency
  664  examination may be granted permanent licensure. An applicant
  665  failing the proficiency examination is no longer temporarily
  666  licensed, but may reapply for a 1-year extension of temporary
  667  licensure. An applicant may not be granted more than two
  668  temporary licenses and may not be licensed as a physician
  669  assistant until she or he passes the examination administered by
  670  the National Commission on Certification of Physician
  671  Assistants. As prescribed by board rule, the council may require
  672  an applicant who does not pass the licensing examination after
  673  five or more attempts to complete additional remedial education
  674  or training. The council shall prescribe the additional
  675  requirements in a manner that permits the applicant to complete
  676  the requirements and be reexamined within 2 years after the date
  677  the applicant petitions the council to retake the examination a
  678  sixth or subsequent time.
  679         (12)(13) RULES.—The boards shall adopt rules to implement
  680  this section, including rules detailing the contents of the
  681  application for licensure and notification pursuant to
  682  subsection (6) (7) and rules to ensure both the continued
  683  competency of physician assistants and the proper utilization of
  684  them by physicians or groups of physicians.
  685         Section 3. Paragraph (a) of subsection (2) and subsections
  686  (3) and (5) of section 382.008, Florida Statutes, are amended to
  687  read:
  688         382.008 Death, fetal death, and nonviable birth
  689  registration.—
  690         (2)(a) The funeral director who first assumes custody of a
  691  dead body or fetus shall file the certificate of death or fetal
  692  death. In the absence of the funeral director, the physician,
  693  physician assistant, advanced practice registered nurse
  694  registered under s. 464.0123, or other person in attendance at
  695  or after the death or the district medical examiner of the
  696  county in which the death occurred or the body was found shall
  697  file the certificate of death or fetal death. The person who
  698  files the certificate shall obtain personal data from a legally
  699  authorized person as described in s. 497.005 or the best
  700  qualified person or source available. The medical certification
  701  of cause of death shall be furnished to the funeral director,
  702  either in person or via certified mail or electronic transfer,
  703  by the physician, physician assistant, advanced practice
  704  registered nurse registered under s. 464.0123, or medical
  705  examiner responsible for furnishing such information. For fetal
  706  deaths, the physician, physician assistant, advanced practice
  707  registered nurse registered under s. 464.0123, midwife, or
  708  hospital administrator shall provide any medical or health
  709  information to the funeral director within 72 hours after
  710  expulsion or extraction.
  711         (3) Within 72 hours after receipt of a death or fetal death
  712  certificate from the funeral director, the medical certification
  713  of cause of death shall be completed and made available to the
  714  funeral director by the decedent’s primary or attending
  715  practitioner or, if s. 382.011 applies, the district medical
  716  examiner of the county in which the death occurred or the body
  717  was found. The primary or attending practitioner or the medical
  718  examiner shall certify over his or her signature the cause of
  719  death to the best of his or her knowledge and belief. As used in
  720  this section, the term “primary or attending practitioner” means
  721  a physician, physician assistant, or advanced practice
  722  registered nurse registered under s. 464.0123 who treated the
  723  decedent through examination, medical advice, or medication
  724  during the 12 months preceding the date of death.
  725         (a) The department may grant the funeral director an
  726  extension of time upon a good and sufficient showing of any of
  727  the following conditions:
  728         1. An autopsy is pending.
  729         2. Toxicology, laboratory, or other diagnostic reports have
  730  not been completed.
  731         3. The identity of the decedent is unknown and further
  732  investigation or identification is required.
  733         (b) If the decedent’s primary or attending practitioner or
  734  the district medical examiner of the county in which the death
  735  occurred or the body was found indicates that he or she will
  736  sign and complete the medical certification of cause of death
  737  but will not be available until after the 5-day registration
  738  deadline, the local registrar may grant an extension of 5 days.
  739  If a further extension is required, the funeral director must
  740  provide written justification to the registrar.
  741         (5) A permanent certificate of death or fetal death,
  742  containing the cause of death and any other information that was
  743  previously unavailable, shall be registered as a replacement for
  744  the temporary certificate. The permanent certificate may also
  745  include corrected information if the items being corrected are
  746  noted on the back of the certificate and dated and signed by the
  747  funeral director, physician, physician assistant, advanced
  748  practice registered nurse registered under s. 464.0123, or
  749  district medical examiner of the county in which the death
  750  occurred or the body was found, as appropriate.
  751         Section 4. Paragraph (a) of subsection (2) of section
  752  394.463, Florida Statutes, is amended to read:
  753         394.463 Involuntary examination.—
  754         (2) INVOLUNTARY EXAMINATION.—
  755         (a) An involuntary examination may be initiated by any one
  756  of the following means:
  757         1. A circuit or county court may enter an ex parte order
  758  stating that a person appears to meet the criteria for
  759  involuntary examination and specifying the findings on which
  760  that conclusion is based. The ex parte order for involuntary
  761  examination must be based on written or oral sworn testimony
  762  that includes specific facts that support the findings. If other
  763  less restrictive means are not available, such as voluntary
  764  appearance for outpatient evaluation, a law enforcement officer,
  765  or other designated agent of the court, shall take the person
  766  into custody and deliver him or her to an appropriate, or the
  767  nearest, facility within the designated receiving system
  768  pursuant to s. 394.462 for involuntary examination. The order of
  769  the court shall be made a part of the patient’s clinical record.
  770  A fee may not be charged for the filing of an order under this
  771  subsection. A facility accepting the patient based on this order
  772  must send a copy of the order to the department within 5 working
  773  days. The order may be submitted electronically through existing
  774  data systems, if available. The order shall be valid only until
  775  the person is delivered to the facility or for the period
  776  specified in the order itself, whichever comes first. If a time
  777  limit is not specified in the order, the order is valid for 7
  778  days after the date that the order was signed.
  779         2. A law enforcement officer shall take a person who
  780  appears to meet the criteria for involuntary examination into
  781  custody and deliver the person or have him or her delivered to
  782  an appropriate, or the nearest, facility within the designated
  783  receiving system pursuant to s. 394.462 for examination. The
  784  officer shall execute a written report detailing the
  785  circumstances under which the person was taken into custody,
  786  which must be made a part of the patient’s clinical record. Any
  787  facility accepting the patient based on this report must send a
  788  copy of the report to the department within 5 working days.
  789         3. A physician, a physician assistant, a clinical
  790  psychologist, a psychiatric nurse, an advanced practice
  791  registered nurse registered under s. 464.0123, a mental health
  792  counselor, a marriage and family therapist, or a clinical social
  793  worker may execute a certificate stating that he or she has
  794  examined a person within the preceding 48 hours and finds that
  795  the person appears to meet the criteria for involuntary
  796  examination and stating the observations upon which that
  797  conclusion is based. If other less restrictive means, such as
  798  voluntary appearance for outpatient evaluation, are not
  799  available, a law enforcement officer shall take into custody the
  800  person named in the certificate and deliver him or her to the
  801  appropriate, or nearest, facility within the designated
  802  receiving system pursuant to s. 394.462 for involuntary
  803  examination. The law enforcement officer shall execute a written
  804  report detailing the circumstances under which the person was
  805  taken into custody. The report and certificate shall be made a
  806  part of the patient’s clinical record. Any facility accepting
  807  the patient based on this certificate must send a copy of the
  808  certificate to the department within 5 working days. The
  809  document may be submitted electronically through existing data
  810  systems, if applicable.
  811  
  812  When sending the order, report, or certificate to the
  813  department, a facility shall, at a minimum, provide information
  814  about which action was taken regarding the patient under
  815  paragraph (g), which information shall also be made a part of
  816  the patient’s clinical record.
  817         Section 5. Paragraphs (a) and (c) of subsection (3) of
  818  section 401.45, Florida Statutes, are amended to read:
  819         401.45 Denial of emergency treatment; civil liability.—
  820         (3)(a) Resuscitation may be withheld or withdrawn from a
  821  patient by an emergency medical technician or paramedic if
  822  evidence of an order not to resuscitate by the patient’s
  823  physician or physician assistant is presented to the emergency
  824  medical technician or paramedic. An order not to resuscitate, to
  825  be valid, must be on the form adopted by rule of the department.
  826  The form must be signed by the patient’s physician or physician
  827  assistant and by the patient or, if the patient is
  828  incapacitated, the patient’s health care surrogate or proxy as
  829  provided in chapter 765, court-appointed guardian as provided in
  830  chapter 744, or attorney in fact under a durable power of
  831  attorney as provided in chapter 709. The court-appointed
  832  guardian or attorney in fact must have been delegated authority
  833  to make health care decisions on behalf of the patient.
  834         (c) The department, in consultation with the Department of
  835  Elderly Affairs and the Agency for Health Care Administration,
  836  shall develop a standardized do-not-resuscitate identification
  837  system with devices that signify, when carried or worn, that the
  838  possessor is a patient for whom a physician or physician
  839  assistant has issued an order not to administer cardiopulmonary
  840  resuscitation. The department may charge a reasonable fee to
  841  cover the cost of producing and distributing such identification
  842  devices. Use of such devices shall be voluntary.
  843         Section 6. This act shall take effect July 1, 2021.
  844  
  845  ================= T I T L E  A M E N D M E N T ================
  846  And the title is amended as follows:
  847         Delete everything before the enacting clause
  848  and insert:
  849                        A bill to be entitled                      
  850         An act relating to physician assistants; amending ss.
  851         458.347 and 459.022, F.S.; revising legislative
  852         intent; defining and redefining terms; revising a
  853         limitation on the number of physician assistants a
  854         physician may supervise at one time; deleting a
  855         requirement that a physician assistant inform his or
  856         her patients that they have the right to see a
  857         physician before the physician assistant prescribes or
  858         dispenses a prescription; authorizing physician
  859         assistants to procure drugs and medical devices;
  860         providing an exception; conforming provisions to
  861         changes made by the act; revising requirements for a
  862         certain formulary; authorizing physician assistants to
  863         authenticate documents that may be authenticated by a
  864         physician; providing exceptions; authorizing physician
  865         assistants to supervise medical assistants;
  866         authorizing third-party payors to reimburse employers
  867         of physician assistants for services rendered;
  868         providing requirements for such payment for services;
  869         authorizing physician assistants to bill for and
  870         receive direct payment for services they deliver;
  871         revising provisions relating to approved programs for
  872         physician assistants; revising provisions relating to
  873         physician assistant licensure requirements; amending
  874         ss. 382.008, 394.463, and 401.45, F.S.; conforming
  875         provisions relating to certificates of death,
  876         certificates for involuntary examinations, and orders
  877         not to resuscitate, respectively, to changes made by
  878         the act; providing an effective date.