Florida Senate - 2021                       CS for CS for SB 894
       
       
        
       By the Committees on Appropriations; and Health Policy; and
       Senator Diaz
       
       
       
       
       576-04664-21                                           2021894c2
    1                        A bill to be entitled                      
    2         An act relating to physician assistants; amending ss.
    3         458.347 and 459.022, F.S.; revising legislative
    4         intent; defining and redefining terms; revising a
    5         limitation on the number of physician assistants a
    6         physician may supervise at one time; deleting a
    7         requirement that a physician assistant inform his or
    8         her patients that they have the right to see a
    9         physician before the physician assistant prescribes or
   10         dispenses a prescription; authorizing physician
   11         assistants to procure drugs and medical devices;
   12         providing an exception; conforming provisions to
   13         changes made by the act; revising requirements for a
   14         certain formulary; authorizing physician assistants to
   15         authenticate documents that may be authenticated by a
   16         physician; providing exceptions; authorizing physician
   17         assistants to supervise medical assistants;
   18         authorizing third-party payors to reimburse employers
   19         of physician assistants for services rendered;
   20         providing requirements for such payment for services;
   21         authorizing physician assistants to bill for and
   22         receive direct payment for services they deliver;
   23         revising provisions relating to approved programs for
   24         physician assistants; revising provisions relating to
   25         physician assistant licensure requirements; amending
   26         ss. 382.008, 394.463, and 401.45, F.S.; conforming
   27         provisions relating to certificates of death,
   28         certificates for involuntary examinations, and orders
   29         not to resuscitate, respectively, to changes made by
   30         the act; providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsections (1) through (6), paragraphs (a),
   35  (d), and (e) of subsection (7), and subsection (13) of section
   36  458.347, Florida Statutes, are amended to read:
   37         458.347 Physician assistants.—
   38         (1) LEGISLATIVE INTENT.—
   39         (a) The purpose of this section is to authorize physician
   40  assistants, with their education, training, and experience in
   41  the field of medicine, to provide increased efficiency of and
   42  access to high-quality medical services at a reasonable cost to
   43  consumers encourage more effective utilization of the skills of
   44  physicians or groups of physicians by enabling them to delegate
   45  health care tasks to qualified assistants when such delegation
   46  is consistent with the patient’s health and welfare.
   47         (b) In order that maximum skills may be obtained within a
   48  minimum time period of education, a physician assistant shall be
   49  specialized to the extent that he or she can operate efficiently
   50  and effectively in the specialty areas in which he or she has
   51  been trained or is experienced.
   52         (c) The purpose of this section is to encourage the
   53  utilization of physician assistants by physicians and to allow
   54  for innovative development of programs for the education of
   55  physician assistants.
   56         (2) DEFINITIONS.—As used in this section, the term:
   57         (a) “Approved program” means a physician assistant program
   58  in the United States or in its territories or possessions which
   59  is accredited by the Accreditation Review Commission on
   60  Education for the Physician Assistant or, for programs before
   61  2001, accredited by its equivalent or predecessor entities the
   62  Committee on Allied Health Education and Accreditation or the
   63  Commission on Accreditation of Allied Health Education Programs
   64  program, formally approved by the boards, for the education of
   65  physician assistants.
   66         (b) “Boards” means the Board of Medicine and the Board of
   67  Osteopathic Medicine.
   68         (d)(c) “Council” means the Council on Physician Assistants.
   69         (h)(d) “Trainee” means a person who is currently enrolled
   70  in an approved program.
   71         (e) “Physician assistant” means a person who is a graduate
   72  of an approved program or its equivalent or meets standards
   73  approved by the boards and is licensed to perform medical
   74  services delegated by the supervising physician.
   75         (f) “Physician assistant national certifying examination”
   76  means the Physician Assistant National Certifying Examination
   77  administered by the National Commission on Certification of
   78  Physician Assistants or its successor agency.
   79         (g) “Supervision” means responsible supervision and
   80  control. Except in cases of emergency, supervision requires the
   81  easy availability or physical presence of the licensed physician
   82  for consultation and direction of the actions of the physician
   83  assistant. For the purposes of this definition, the term “easy
   84  availability” includes the ability to communicate by way of
   85  telecommunication. The boards shall establish rules as to what
   86  constitutes responsible supervision of the physician assistant.
   87         (g) “Proficiency examination” means an entry-level
   88  examination approved by the boards, including, but not limited
   89  to, those examinations administered by the National Commission
   90  on Certification of Physician Assistants.
   91         (c)(h) “Continuing medical education” means courses
   92  recognized and approved by the boards, the American Academy of
   93  Physician Assistants, the American Medical Association, the
   94  American Osteopathic Association, or the Accreditation Council
   95  on Continuing Medical Education.
   96         (3) PERFORMANCE OF SUPERVISING PHYSICIAN.—Each physician or
   97  group of physicians supervising a licensed physician assistant
   98  must be qualified in the medical areas in which the physician
   99  assistant is to perform and shall be individually or
  100  collectively responsible and liable for the performance and the
  101  acts and omissions of the physician assistant. A physician may
  102  not supervise more than 10 four currently licensed physician
  103  assistants at any one time. A physician supervising a physician
  104  assistant pursuant to this section may not be required to review
  105  and cosign charts or medical records prepared by such physician
  106  assistant.
  107         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  108         (a) The boards shall adopt, by rule, the general principles
  109  that supervising physicians must use in developing the scope of
  110  practice of a physician assistant under direct supervision and
  111  under indirect supervision. These principles shall recognize the
  112  diversity of both specialty and practice settings in which
  113  physician assistants are used.
  114         (b) This chapter does not prevent third-party payors from
  115  reimbursing employers of physician assistants for covered
  116  services rendered by licensed physician assistants.
  117         (c) Licensed physician assistants may not be denied
  118  clinical hospital privileges, except for cause, so long as the
  119  supervising physician is a staff member in good standing.
  120         (d) A supervisory physician may delegate to a licensed
  121  physician assistant, pursuant to a written protocol, the
  122  authority to act according to s. 154.04(1)(c). Such delegated
  123  authority is limited to the supervising physician’s practice in
  124  connection with a county health department as defined and
  125  established pursuant to chapter 154. The boards shall adopt
  126  rules governing the supervision of physician assistants by
  127  physicians in county health departments.
  128         (e) A supervising physician may delegate to a fully
  129  licensed physician assistant the authority to prescribe or
  130  dispense any medication used in the supervising physician’s
  131  practice unless such medication is listed on the formulary
  132  created pursuant to paragraph (f). A fully licensed physician
  133  assistant may only prescribe or dispense such medication under
  134  the following circumstances:
  135         1. A physician assistant must clearly identify to the
  136  patient that he or she is a physician assistant and inform the
  137  patient that the patient has the right to see the physician
  138  before a prescription is prescribed or dispensed by the
  139  physician assistant.
  140         2. The supervising physician must notify the department of
  141  his or her intent to delegate, on a department-approved form,
  142  before delegating such authority and of any change in
  143  prescriptive privileges of the physician assistant. Authority to
  144  dispense may be delegated only by a supervising physician who is
  145  registered as a dispensing practitioner in compliance with s.
  146  465.0276.
  147         3. A fully licensed physician assistant may procure medical
  148  devices and drugs unless the medication is listed on the
  149  formulary created pursuant to paragraph (f).
  150         4. The physician assistant must complete a minimum of 10
  151  continuing medical education hours in the specialty practice in
  152  which the physician assistant has prescriptive privileges with
  153  each licensure renewal. Three of the 10 hours must consist of a
  154  continuing education course on the safe and effective
  155  prescribing of controlled substance medications which is offered
  156  by a statewide professional association of physicians in this
  157  state accredited to provide educational activities designated
  158  for the American Medical Association Physician’s Recognition
  159  Award Category 1 credit, or designated by the American Academy
  160  of Physician Assistants as a Category 1 credit, or designated by
  161  the American Osteopathic Association as a Category 1-A credit.
  162         4.The department may issue a prescriber number to the
  163  physician assistant granting authority for the prescribing of
  164  medicinal drugs authorized within this paragraph upon completion
  165  of the requirements of this paragraph. The physician assistant
  166  is not required to independently register pursuant to s.
  167  465.0276.
  168         5. The prescription may be in paper or electronic form but
  169  must comply with ss. 456.0392(1) and 456.42(1) and chapter 499
  170  and must contain the physician assistant’s, in addition to the
  171  supervising physician’s name, address, and telephone number and
  172  the name of each of his or her supervising physicians, the
  173  physician assistant’s prescriber number. Unless it is a drug or
  174  drug sample dispensed by the physician assistant, the
  175  prescription must be filled in a pharmacy permitted under
  176  chapter 465 and must be dispensed in that pharmacy by a
  177  pharmacist licensed under chapter 465. The inclusion of the
  178  prescriber number creates a presumption that the physician
  179  assistant is authorized to prescribe the medicinal drug and the
  180  prescription is valid.
  181         6. The physician assistant must note the prescription or
  182  dispensing of medication in the appropriate medical record.
  183         (f)1. The council shall establish a formulary of medicinal
  184  drugs that a fully licensed physician assistant having
  185  prescribing authority under this section or s. 459.022 may not
  186  prescribe. The formulary must include general anesthetics and
  187  radiographic contrast materials and must limit the prescription
  188  of Schedule II controlled substances as listed in s. 893.03 to a
  189  7-day supply. The formulary must also restrict the prescribing
  190  of Schedule II psychiatric mental health controlled substances
  191  for children younger than 18 years of age to a 14-day supply,
  192  provided the physician assistant is under the supervision of a
  193  pediatrician, family practice physician, or psychiatrist.
  194         2. In establishing the formulary, the council shall consult
  195  with a pharmacist licensed under chapter 465, but not licensed
  196  under this chapter or chapter 459, who shall be selected by the
  197  State Surgeon General.
  198         3. Only the council shall add to, delete from, or modify
  199  the formulary. Any person who requests an addition, a deletion,
  200  or a modification of a medicinal drug listed on such formulary
  201  has the burden of proof to show cause why such addition,
  202  deletion, or modification should be made.
  203         4. The boards shall adopt the formulary required by this
  204  paragraph, and each addition, deletion, or modification to the
  205  formulary, by rule. Notwithstanding any provision of chapter 120
  206  to the contrary, the formulary rule shall be effective 60 days
  207  after the date it is filed with the Secretary of State. Upon
  208  adoption of the formulary, the department shall mail a copy of
  209  such formulary to each fully licensed physician assistant having
  210  prescribing authority under this section or s. 459.022, and to
  211  each pharmacy licensed by the state. The boards shall establish,
  212  by rule, a fee not to exceed $200 to fund the provisions of this
  213  paragraph and paragraph (e).
  214         (g) A supervisory physician may delegate to a licensed
  215  physician assistant the authority to, and the licensed physician
  216  assistant acting under the direction of the supervisory
  217  physician may, order any medication for administration to the
  218  supervisory physician’s patient in a facility licensed under
  219  chapter 395 or part II of chapter 400, notwithstanding any
  220  provisions in chapter 465 or chapter 893 which may prohibit this
  221  delegation.
  222         (h) A licensed physician assistant may perform services
  223  delegated by the supervising physician in the physician
  224  assistant’s practice in accordance with his or her education and
  225  training unless expressly prohibited under this chapter, chapter
  226  459, or rules adopted under this chapter or chapter 459.
  227         (i)Except for a physician certification under s. 381.986,
  228  a physician assistant may authenticate any document with his or
  229  her signature, certification, stamp, verification, affidavit, or
  230  endorsement if such document may be so authenticated by the
  231  signature, certification, stamp, verification, affidavit, or
  232  endorsement of a physician, except those required for s.
  233  381.986. Such documents include, but are not limited to, any of
  234  the following:
  235         1.Initiation of an involuntary examination pursuant to s.
  236  394.463.
  237         2.Do-not-resuscitate orders or physician orders for the
  238  administration of life-sustaining treatment.
  239         3.Death certificates.
  240         4.School physical examinations.
  241         5.Medical examinations for workers’ compensation claims,
  242  except medical examinations required for the evaluation and
  243  assignment of the claimant’s date of maximum medical improvement
  244  as defined in s. 440.02 and for the impairment rating, if any,
  245  under s. 440.15.
  246         6.Orders for physical therapy, occupational therapy,
  247  speech-language therapy, home health services, or durable
  248  medical equipment.
  249         (j)A physician assistant may supervise medical assistants
  250  as defined in this chapter.
  251         (k)This chapter authorizes third-party payors to reimburse
  252  employers of physician assistants for covered services rendered
  253  by licensed physician assistants. Payment for services within
  254  the physician assistant’s scope of practice must be made when
  255  ordered or performed by a physician assistant if the same
  256  service would have been covered if ordered or performed by a
  257  physician. Physician assistants are authorized to bill for and
  258  receive direct payment for the services they deliver.
  259         (5) PERFORMANCE BY TRAINEES.—Notwithstanding any other law,
  260  a trainee may perform medical services when such services are
  261  rendered within the scope of an approved program.
  262         (6) PROGRAM APPROVAL.—
  263         (a) The boards shall approve programs, based on
  264  recommendations by the council, for the education and training
  265  of physician assistants which meet standards established by rule
  266  of the boards. The council may recommend only those physician
  267  assistant programs that hold full accreditation or provisional
  268  accreditation from the Accreditation Review Commission on
  269  Education for the Physician Assistant or its successor entity
  270  or, before 2001, from the Committee on Allied Health Education
  271  and Accreditation or the Commission on Accreditation of Allied
  272  Health Programs or its successor organization. Any educational
  273  institution offering a physician assistant program approved by
  274  the boards pursuant to this paragraph may also offer the
  275  physician assistant program authorized in paragraph (c) for
  276  unlicensed physicians.
  277         (b) Notwithstanding any other law, a trainee may perform
  278  medical services when such services are rendered within the
  279  scope of an approved program The boards shall adopt and publish
  280  standards to ensure that such programs operate in a manner that
  281  does not endanger the health or welfare of the patients who
  282  receive services within the scope of the programs. The boards
  283  shall review the quality of the curricula, faculties, and
  284  facilities of such programs and take whatever other action is
  285  necessary to determine that the purposes of this section are
  286  being met.
  287         (c)Any community college with the approval of the State
  288  Board of Education may conduct a physician assistant program
  289  which shall apply for national accreditation through the
  290  American Medical Association’s Committee on Allied Health,
  291  Education, and Accreditation, or its successor organization, and
  292  which may admit unlicensed physicians, as authorized in
  293  subsection (7), who are graduates of foreign medical schools
  294  listed with the World Health Organization. The unlicensed
  295  physician must have been a resident of this state for a minimum
  296  of 12 months immediately prior to admission to the program. An
  297  evaluation of knowledge base by examination shall be required to
  298  grant advanced academic credit and to fulfill the necessary
  299  requirements to graduate. A minimum of one 16-week semester of
  300  supervised clinical and didactic education, which may be
  301  completed simultaneously, shall be required before graduation
  302  from the program. All other provisions of this section shall
  303  remain in effect.
  304         (6)(7) PHYSICIAN ASSISTANT LICENSURE.—
  305         (a) Any person desiring to be licensed as a physician
  306  assistant must apply to the department. The department shall
  307  issue a license to any person certified by the council as having
  308  met all of the following requirements:
  309         1. Is at least 18 years of age.
  310         2. Has graduated from an approved program.
  311         a.For an applicant who graduated after December 31, 2020,
  312  has received a master’s degree in accordance with the
  313  Accreditation Review Commission on Education for the Physician
  314  Assistant or, before 2001, its equivalent or predecessor
  315  organization.
  316         b.For an applicant who graduated on or before December 31,
  317  2020, has received a bachelor’s or master’s degree from an
  318  approved program.
  319         c.For an applicant who graduated before July 1, 1994, has
  320  graduated from an approved program of instruction in primary
  321  health care or surgery.
  322         d.For an applicant who graduated before July 1, 1983, has
  323  received a certification as a physician assistant from the
  324  boards.
  325         e.The board may also grant a license to an applicant who
  326  does not meet the educational requirement specified in this
  327  subparagraph but who has passed the Physician Assistant National
  328  Certifying Examination administered by the National Commission
  329  on Certification of Physician Assistants before 1986.
  330         3. Has obtained a passing score as satisfactorily passed a
  331  proficiency examination by an acceptable score established by
  332  the National Commission on Certification of Physician Assistants
  333  or its equivalent or successor organization and has been
  334  nationally certified. If an applicant does not hold a current
  335  certificate issued by the National Commission on Certification
  336  of Physician Assistants or its equivalent or successor
  337  organization and has not actively practiced as a physician
  338  assistant within the immediately preceding 4 years, the
  339  applicant must retake and successfully complete the entry-level
  340  examination of the National Commission on Certification of
  341  Physician Assistants or its equivalent or successor organization
  342  to be eligible for licensure.
  343         4.3. Has completed the application form and remitted an
  344  application fee not to exceed $300 as set by the boards. An
  345  application for licensure as made by a physician assistant must
  346  include:
  347         a. A diploma from an approved certificate of completion of
  348  a physician assistant training program specified in subsection
  349  (6).
  350         b. Acknowledgment of any prior felony convictions.
  351         c. Acknowledgment of any previous revocation or denial of
  352  licensure or certification in any state.
  353         d.A copy of course transcripts and a copy of the course
  354  description from a physician assistant training program
  355  describing course content in pharmacotherapy, if the applicant
  356  wishes to apply for prescribing authority. These documents must
  357  meet the evidence requirements for prescribing authority.
  358         (d)Upon employment as a physician assistant, a licensed
  359  physician assistant must notify the department in writing within
  360  30 days after such employment or after any subsequent changes in
  361  the supervising physician. The notification must include the
  362  full name, Florida medical license number, specialty, and
  363  address of the supervising physician.
  364         (d)(e) Notwithstanding subparagraph (a)2., the department
  365  may grant to a recent graduate of an approved program, as
  366  specified in subsection (5) (6), who expects to take the first
  367  examination administered by the National Commission on
  368  Certification of Physician Assistants available for registration
  369  after the applicant’s graduation, a temporary license. The
  370  temporary license shall expire 30 days after receipt of scores
  371  of the proficiency examination administered by the National
  372  Commission on Certification of Physician Assistants. Between
  373  meetings of the council, the department may grant a temporary
  374  license to practice based on the completion of all temporary
  375  licensure requirements. All such administratively issued
  376  licenses shall be reviewed and acted on at the next regular
  377  meeting of the council. The recent graduate may be licensed
  378  before employment but must comply with paragraph (d). An
  379  applicant who has passed the proficiency examination may be
  380  granted permanent licensure. An applicant failing the
  381  proficiency examination is no longer temporarily licensed but
  382  may reapply for a 1-year extension of temporary licensure. An
  383  applicant may not be granted more than two temporary licenses
  384  and may not be licensed as a physician assistant until he or she
  385  passes the examination administered by the National Commission
  386  on Certification of Physician Assistants. As prescribed by board
  387  rule, the council may require an applicant who does not pass the
  388  licensing examination after five or more attempts to complete
  389  additional remedial education or training. The council shall
  390  prescribe the additional requirements in a manner that permits
  391  the applicant to complete the requirements and be reexamined
  392  within 2 years after the date the applicant petitions the
  393  council to retake the examination a sixth or subsequent time.
  394         (12)(13) RULES.—The boards shall adopt rules to implement
  395  this section, including rules detailing the contents of the
  396  application for licensure and notification pursuant to
  397  subsection (6) (7) and rules to ensure both the continued
  398  competency of physician assistants and the proper utilization of
  399  them by physicians or groups of physicians.
  400         Section 2. Subsections (1) through (6), paragraphs (a),
  401  (d), and (e) of subsection (7), and subsection (13) of section
  402  459.022, Florida Statutes, are amended to read:
  403         459.022 Physician assistants.—
  404         (1) LEGISLATIVE INTENT.—
  405         (a) The purpose of this section is to authorize physician
  406  assistants, with their education, training, and experience in
  407  the field of medicine, to provide increased efficiency of and
  408  access to high-quality medical services at a reasonable cost to
  409  consumers encourage more effective utilization of the skills of
  410  osteopathic physicians or groups of osteopathic physicians by
  411  enabling them to delegate health care tasks to qualified
  412  assistants when such delegation is consistent with the patient’s
  413  health and welfare.
  414         (b)In order that maximum skills may be obtained within a
  415  minimum time period of education, a physician assistant shall be
  416  specialized to the extent that she or he can operate efficiently
  417  and effectively in the specialty areas in which she or he has
  418  been trained or is experienced.
  419         (c)The purpose of this section is to encourage the
  420  utilization of physician assistants by osteopathic physicians
  421  and to allow for innovative development of programs for the
  422  education of physician assistants.
  423         (2) DEFINITIONS.—As used in this section, the term:
  424         (a) “Approved program” means a physician assistant program
  425  in the United States or in its territories or possessions which
  426  is accredited by the Accreditation Review Commission on
  427  Education for the Physician Assistant or, for programs before
  428  2001, accredited by its equivalent or predecessor entities the
  429  Committee on Allied Health Education and Accreditation or the
  430  Commission on Accreditation of Allied Health Education Programs
  431  program, formally approved by the boards, for the education of
  432  physician assistants.
  433         (b) “Boards” means the Board of Medicine and the Board of
  434  Osteopathic Medicine.
  435         (d)(c) “Council” means the Council on Physician Assistants.
  436         (h)(d) “Trainee” means a person who is currently enrolled
  437  in an approved program.
  438         (e) “Physician assistant” means a person who is a graduate
  439  of an approved program or its equivalent or meets standards
  440  approved by the boards and is licensed to perform medical
  441  services delegated by the supervising physician.
  442         (f) “Physician assistant national certifying examination”
  443  means the Physician Assistant National Certifying Examination
  444  administered by the National Commission on Certification of
  445  Physician Assistants or its successor agency.
  446         (g) “Supervision” means responsible supervision and
  447  control. Except in cases of emergency, supervision requires the
  448  easy availability or physical presence of the licensed physician
  449  for consultation and direction of the actions of the physician
  450  assistant. For the purposes of this definition, the term “easy
  451  availability” includes the ability to communicate by way of
  452  telecommunication. The boards shall establish rules as to what
  453  constitutes responsible supervision of the physician assistant.
  454         (g)“Proficiency examination” means an entry-level
  455  examination approved by the boards, including, but not limited
  456  to, those examinations administered by the National Commission
  457  on Certification of Physician Assistants.
  458         (c)(h) “Continuing medical education” means courses
  459  recognized and approved by the boards, the American Academy of
  460  Physician Assistants, the American Medical Association, the
  461  American Osteopathic Association, or the Accreditation Council
  462  on Continuing Medical Education.
  463         (3) PERFORMANCE OF SUPERVISING PHYSICIAN.—Each physician or
  464  group of physicians supervising a licensed physician assistant
  465  must be qualified in the medical areas in which the physician
  466  assistant is to perform and shall be individually or
  467  collectively responsible and liable for the performance and the
  468  acts and omissions of the physician assistant. A physician may
  469  not supervise more than 10 four currently licensed physician
  470  assistants at any one time. A physician supervising a physician
  471  assistant pursuant to this section may not be required to review
  472  and cosign charts or medical records prepared by such physician
  473  assistant.
  474         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
  475         (a) The boards shall adopt, by rule, the general principles
  476  that supervising physicians must use in developing the scope of
  477  practice of a physician assistant under direct supervision and
  478  under indirect supervision. These principles shall recognize the
  479  diversity of both specialty and practice settings in which
  480  physician assistants are used.
  481         (b) This chapter does not prevent third-party payors from
  482  reimbursing employers of physician assistants for covered
  483  services rendered by licensed physician assistants.
  484         (c) Licensed physician assistants may not be denied
  485  clinical hospital privileges, except for cause, so long as the
  486  supervising physician is a staff member in good standing.
  487         (d) A supervisory physician may delegate to a licensed
  488  physician assistant, pursuant to a written protocol, the
  489  authority to act according to s. 154.04(1)(c). Such delegated
  490  authority is limited to the supervising physician’s practice in
  491  connection with a county health department as defined and
  492  established pursuant to chapter 154. The boards shall adopt
  493  rules governing the supervision of physician assistants by
  494  physicians in county health departments.
  495         (e) A supervising physician may delegate to a fully
  496  licensed physician assistant the authority to prescribe or
  497  dispense any medication used in the supervising physician’s
  498  practice unless such medication is listed on the formulary
  499  created pursuant to s. 458.347. A fully licensed physician
  500  assistant may only prescribe or dispense such medication under
  501  the following circumstances:
  502         1. A physician assistant must clearly identify to the
  503  patient that she or he is a physician assistant and must inform
  504  the patient that the patient has the right to see the physician
  505  before a prescription is prescribed or dispensed by the
  506  physician assistant.
  507         2. The supervising physician must notify the department of
  508  her or his intent to delegate, on a department-approved form,
  509  before delegating such authority and of any change in
  510  prescriptive privileges of the physician assistant. Authority to
  511  dispense may be delegated only by a supervising physician who is
  512  registered as a dispensing practitioner in compliance with s.
  513  465.0276.
  514         3. A fully licensed physician assistant may procure medical
  515  devices and drugs unless the medication is listed on the
  516  formulary created pursuant to s. 458.347(4)(f).
  517         4. The physician assistant must complete a minimum of 10
  518  continuing medical education hours in the specialty practice in
  519  which the physician assistant has prescriptive privileges with
  520  each licensure renewal. Three of the 10 hours must consist of a
  521  continuing education course on the safe and effective
  522  prescribing of controlled substance medications which is offered
  523  by a provider that has been approved by the American Academy of
  524  Physician Assistants and which is designated for the American
  525  Medical Association Physician’s Recognition Award Category 1
  526  credit, designated by the American Academy of Physician
  527  Assistants as a Category 1 credit, or designated by the American
  528  Osteopathic Association as a Category 1-A credit.
  529         4.The department may issue a prescriber number to the
  530  physician assistant granting authority for the prescribing of
  531  medicinal drugs authorized within this paragraph upon completion
  532  of the requirements of this paragraph. The physician assistant
  533  is not required to independently register pursuant to s.
  534  465.0276.
  535         5. The prescription may be in paper or electronic form but
  536  must comply with ss. 456.0392(1) and 456.42(1) and chapter 499
  537  and must contain the physician assistant’s, in addition to the
  538  supervising physician’s name, address, and telephone number and
  539  the name of each of his or her supervising physicians, the
  540  physician assistant’s prescriber number. Unless it is a drug or
  541  drug sample dispensed by the physician assistant, the
  542  prescription must be filled in a pharmacy permitted under
  543  chapter 465, and must be dispensed in that pharmacy by a
  544  pharmacist licensed under chapter 465. The inclusion of the
  545  prescriber number creates a presumption that the physician
  546  assistant is authorized to prescribe the medicinal drug and the
  547  prescription is valid.
  548         6. The physician assistant must note the prescription or
  549  dispensing of medication in the appropriate medical record.
  550         (f) A supervisory physician may delegate to a licensed
  551  physician assistant the authority to, and the licensed physician
  552  assistant acting under the direction of the supervisory
  553  physician may, order any medication for administration to the
  554  supervisory physician’s patient in a facility licensed under
  555  chapter 395 or part II of chapter 400, notwithstanding any
  556  provisions in chapter 465 or chapter 893 which may prohibit this
  557  delegation.
  558         (g) A licensed physician assistant may perform services
  559  delegated by the supervising physician in the physician
  560  assistant’s practice in accordance with his or her education and
  561  training unless expressly prohibited under this chapter, chapter
  562  458, or rules adopted under this chapter or chapter 458.
  563         (h)Except for a physician certification under s. 381.986,
  564  a physician assistant may authenticate any document with his or
  565  her signature, certification, stamp, verification, affidavit, or
  566  endorsement if such document may be so authenticated by the
  567  signature, certification, stamp, verification, affidavit, or
  568  endorsement of a physician, except those required for s.
  569  381.986. Such documents include, but are not limited to, any of
  570  the following:
  571         1.Initiation of an involuntary examination pursuant to s.
  572  394.463.
  573         2.Do-not-resuscitate orders or physician orders for the
  574  administration of life-sustaining treatment.
  575         3.Death certificates.
  576         4.School physical examinations.
  577         5.Medical examinations for workers’ compensation claims,
  578  except medical examinations required for the evaluation and
  579  assignment of the claimant’s date of maximum medical improvement
  580  as defined in s. 440.02 and for the impairment rating, if any,
  581  under s. 440.15.
  582         6.Orders for physical therapy, occupational therapy,
  583  speech-language therapy, home health services, or durable
  584  medical equipment.
  585         (i)A physician assistant may supervise medical assistants
  586  as defined in chapter 458.
  587         (j)This chapter authorizes third-party payors to reimburse
  588  employers of physician assistants for covered services rendered
  589  by licensed physician assistants. Payment for services within
  590  the physician assistant’s scope of practice must be made when
  591  ordered or performed by a physician assistant if the same
  592  service would have been covered if ordered or performed by a
  593  physician. Physician assistants are authorized to bill for and
  594  receive direct payment for the services they deliver.
  595         (5) PERFORMANCE BY TRAINEES.—Notwithstanding any other law,
  596  a trainee may perform medical services when such services are
  597  rendered within the scope of an approved program.
  598         (6) PROGRAM APPROVAL.—
  599         (a) The boards shall approve programs, based on
  600  recommendations by the council, for the education and training
  601  of physician assistants which meet standards established by rule
  602  of the boards. The council may recommend only those physician
  603  assistant programs that hold full accreditation or provisional
  604  accreditation from the Accreditation Review Commission on
  605  Education for the Physician Assistant or its successor entity
  606  or, before 2001, from the Committee on Allied Health Education
  607  and Accreditation or the Commission on Accreditation of Allied
  608  Health Programs or its successor organization.
  609         (b) Notwithstanding any other law, a trainee may perform
  610  medical services when such services are rendered within the
  611  scope of an approved program The boards shall adopt and publish
  612  standards to ensure that such programs operate in a manner that
  613  does not endanger the health or welfare of the patients who
  614  receive services within the scope of the programs. The boards
  615  shall review the quality of the curricula, faculties, and
  616  facilities of such programs and take whatever other action is
  617  necessary to determine that the purposes of this section are
  618  being met.
  619         (6)(7) PHYSICIAN ASSISTANT LICENSURE.—
  620         (a) Any person desiring to be licensed as a physician
  621  assistant must apply to the department. The department shall
  622  issue a license to any person certified by the council as having
  623  met all of the following requirements:
  624         1. Is at least 18 years of age.
  625         2. Has graduated from an approved program.
  626         a.For an applicant who graduated after December 31, 2020,
  627  has received a master’s degree in accordance with the
  628  Accreditation Review Commission on Education for the Physician
  629  Assistant or, before 2001, its equivalent or predecessor
  630  organization.
  631         b.For an applicant who graduated on or before December 31,
  632  2020, has received a bachelor’s or master’s degree from an
  633  approved program.
  634         c.For an applicant who graduated before July 1, 1994, has
  635  graduated from an approved program of instruction in primary
  636  health care or surgery.
  637         d.For an applicant who graduated before July 1, 1983, has
  638  received a certification as a physician assistant from the
  639  boards.
  640         e.The board may also grant a license to an applicant who
  641  does not meet the educational requirement specified in this
  642  subparagraph but who has passed the Physician Assistant National
  643  Certifying Examination administered by the National Commission
  644  on Certification of Physician Assistants before 1986.
  645         3. Has obtained a passing score as satisfactorily passed a
  646  proficiency examination by an acceptable score established by
  647  the National Commission on Certification of Physician Assistants
  648  or its equivalent or successor organization and has been
  649  nationally certified. If an applicant does not hold a current
  650  certificate issued by the National Commission on Certification
  651  of Physician Assistants or its equivalent or successor
  652  organization and has not actively practiced as a physician
  653  assistant within the immediately preceding 4 years, the
  654  applicant must retake and successfully complete the entry-level
  655  examination of the National Commission on Certification of
  656  Physician Assistants or its equivalent or successor organization
  657  to be eligible for licensure.
  658         4.3. Has completed the application form and remitted an
  659  application fee not to exceed $300 as set by the boards. An
  660  application for licensure as made by a physician assistant must
  661  include:
  662         a. A diploma from an approved certificate of completion of
  663  a physician assistant training program specified in subsection
  664  (6).
  665         b. Acknowledgment of any prior felony convictions.
  666         c. Acknowledgment of any previous revocation or denial of
  667  licensure or certification in any state.
  668         d. A copy of course transcripts and a copy of the course
  669  description from a physician assistant training program
  670  describing course content in pharmacotherapy, if the applicant
  671  wishes to apply for prescribing authority. These documents must
  672  meet the evidence requirements for prescribing authority.
  673         (d) Upon employment as a physician assistant, a licensed
  674  physician assistant must notify the department in writing within
  675  30 days after such employment or after any subsequent changes in
  676  the supervising physician. The notification must include the
  677  full name, Florida medical license number, specialty, and
  678  address of the supervising physician.
  679         (d)(e) Notwithstanding subparagraph (a)2., the department
  680  may grant to a recent graduate of an approved program, as
  681  specified in subsection (5) (6), a temporary license to expire
  682  upon receipt of scores of the proficiency examination
  683  administered by the National Commission on Certification of
  684  Physician Assistants. Between meetings of the council, the
  685  department may grant a temporary license to practice to
  686  physician assistant applicants based on the completion of all
  687  temporary licensure requirements. All such administratively
  688  issued licenses shall be reviewed and acted on at the next
  689  regular meeting of the council. The recent graduate may be
  690  licensed before prior to employment, but must comply with
  691  paragraph (d). An applicant who has passed the proficiency
  692  examination may be granted permanent licensure. An applicant
  693  failing the proficiency examination is no longer temporarily
  694  licensed, but may reapply for a 1-year extension of temporary
  695  licensure. An applicant may not be granted more than two
  696  temporary licenses and may not be licensed as a physician
  697  assistant until she or he passes the examination administered by
  698  the National Commission on Certification of Physician
  699  Assistants. As prescribed by board rule, the council may require
  700  an applicant who does not pass the licensing examination after
  701  five or more attempts to complete additional remedial education
  702  or training. The council shall prescribe the additional
  703  requirements in a manner that permits the applicant to complete
  704  the requirements and be reexamined within 2 years after the date
  705  the applicant petitions the council to retake the examination a
  706  sixth or subsequent time.
  707         (12)(13) RULES.—The boards shall adopt rules to implement
  708  this section, including rules detailing the contents of the
  709  application for licensure and notification pursuant to
  710  subsection (6) (7) and rules to ensure both the continued
  711  competency of physician assistants and the proper utilization of
  712  them by physicians or groups of physicians.
  713         Section 3. Paragraph (a) of subsection (2) and subsections
  714  (3) and (5) of section 382.008, Florida Statutes, are amended to
  715  read:
  716         382.008 Death, fetal death, and nonviable birth
  717  registration.—
  718         (2)(a) The funeral director who first assumes custody of a
  719  dead body or fetus shall file the certificate of death or fetal
  720  death. In the absence of the funeral director, the physician,
  721  physician assistant, advanced practice registered nurse
  722  registered under s. 464.0123, or other person in attendance at
  723  or after the death or the district medical examiner of the
  724  county in which the death occurred or the body was found shall
  725  file the certificate of death or fetal death. The person who
  726  files the certificate shall obtain personal data from a legally
  727  authorized person as described in s. 497.005 or the best
  728  qualified person or source available. The medical certification
  729  of cause of death shall be furnished to the funeral director,
  730  either in person or via certified mail or electronic transfer,
  731  by the physician, physician assistant, advanced practice
  732  registered nurse registered under s. 464.0123, or medical
  733  examiner responsible for furnishing such information. For fetal
  734  deaths, the physician, physician assistant, advanced practice
  735  registered nurse registered under s. 464.0123, midwife, or
  736  hospital administrator shall provide any medical or health
  737  information to the funeral director within 72 hours after
  738  expulsion or extraction.
  739         (3) Within 72 hours after receipt of a death or fetal death
  740  certificate from the funeral director, the medical certification
  741  of cause of death shall be completed and made available to the
  742  funeral director by the decedent’s primary or attending
  743  practitioner or, if s. 382.011 applies, the district medical
  744  examiner of the county in which the death occurred or the body
  745  was found. The primary or attending practitioner or the medical
  746  examiner shall certify over his or her signature the cause of
  747  death to the best of his or her knowledge and belief. As used in
  748  this section, the term “primary or attending practitioner” means
  749  a physician, physician assistant, or advanced practice
  750  registered nurse registered under s. 464.0123 who treated the
  751  decedent through examination, medical advice, or medication
  752  during the 12 months preceding the date of death.
  753         (a) The department may grant the funeral director an
  754  extension of time upon a good and sufficient showing of any of
  755  the following conditions:
  756         1. An autopsy is pending.
  757         2. Toxicology, laboratory, or other diagnostic reports have
  758  not been completed.
  759         3. The identity of the decedent is unknown and further
  760  investigation or identification is required.
  761         (b) If the decedent’s primary or attending practitioner or
  762  the district medical examiner of the county in which the death
  763  occurred or the body was found indicates that he or she will
  764  sign and complete the medical certification of cause of death
  765  but will not be available until after the 5-day registration
  766  deadline, the local registrar may grant an extension of 5 days.
  767  If a further extension is required, the funeral director must
  768  provide written justification to the registrar.
  769         (5) A permanent certificate of death or fetal death,
  770  containing the cause of death and any other information that was
  771  previously unavailable, shall be registered as a replacement for
  772  the temporary certificate. The permanent certificate may also
  773  include corrected information if the items being corrected are
  774  noted on the back of the certificate and dated and signed by the
  775  funeral director, physician, physician assistant, advanced
  776  practice registered nurse registered under s. 464.0123, or
  777  district medical examiner of the county in which the death
  778  occurred or the body was found, as appropriate.
  779         Section 4. Paragraph (a) of subsection (2) of section
  780  394.463, Florida Statutes, is amended to read:
  781         394.463 Involuntary examination.—
  782         (2) INVOLUNTARY EXAMINATION.—
  783         (a) An involuntary examination may be initiated by any one
  784  of the following means:
  785         1. A circuit or county court may enter an ex parte order
  786  stating that a person appears to meet the criteria for
  787  involuntary examination and specifying the findings on which
  788  that conclusion is based. The ex parte order for involuntary
  789  examination must be based on written or oral sworn testimony
  790  that includes specific facts that support the findings. If other
  791  less restrictive means are not available, such as voluntary
  792  appearance for outpatient evaluation, a law enforcement officer,
  793  or other designated agent of the court, shall take the person
  794  into custody and deliver him or her to an appropriate, or the
  795  nearest, facility within the designated receiving system
  796  pursuant to s. 394.462 for involuntary examination. The order of
  797  the court shall be made a part of the patient’s clinical record.
  798  A fee may not be charged for the filing of an order under this
  799  subsection. A facility accepting the patient based on this order
  800  must send a copy of the order to the department within 5 working
  801  days. The order may be submitted electronically through existing
  802  data systems, if available. The order shall be valid only until
  803  the person is delivered to the facility or for the period
  804  specified in the order itself, whichever comes first. If a time
  805  limit is not specified in the order, the order is valid for 7
  806  days after the date that the order was signed.
  807         2. A law enforcement officer shall take a person who
  808  appears to meet the criteria for involuntary examination into
  809  custody and deliver the person or have him or her delivered to
  810  an appropriate, or the nearest, facility within the designated
  811  receiving system pursuant to s. 394.462 for examination. The
  812  officer shall execute a written report detailing the
  813  circumstances under which the person was taken into custody,
  814  which must be made a part of the patient’s clinical record. Any
  815  facility accepting the patient based on this report must send a
  816  copy of the report to the department within 5 working days.
  817         3. A physician, a physician assistant, a clinical
  818  psychologist, a psychiatric nurse, an advanced practice
  819  registered nurse registered under s. 464.0123, a mental health
  820  counselor, a marriage and family therapist, or a clinical social
  821  worker may execute a certificate stating that he or she has
  822  examined a person within the preceding 48 hours and finds that
  823  the person appears to meet the criteria for involuntary
  824  examination and stating the observations upon which that
  825  conclusion is based. If other less restrictive means, such as
  826  voluntary appearance for outpatient evaluation, are not
  827  available, a law enforcement officer shall take into custody the
  828  person named in the certificate and deliver him or her to the
  829  appropriate, or nearest, facility within the designated
  830  receiving system pursuant to s. 394.462 for involuntary
  831  examination. The law enforcement officer shall execute a written
  832  report detailing the circumstances under which the person was
  833  taken into custody. The report and certificate shall be made a
  834  part of the patient’s clinical record. Any facility accepting
  835  the patient based on this certificate must send a copy of the
  836  certificate to the department within 5 working days. The
  837  document may be submitted electronically through existing data
  838  systems, if applicable.
  839  
  840  When sending the order, report, or certificate to the
  841  department, a facility shall, at a minimum, provide information
  842  about which action was taken regarding the patient under
  843  paragraph (g), which information shall also be made a part of
  844  the patient’s clinical record.
  845         Section 5. Paragraphs (a) and (c) of subsection (3) of
  846  section 401.45, Florida Statutes, are amended to read:
  847         401.45 Denial of emergency treatment; civil liability.—
  848         (3)(a) Resuscitation may be withheld or withdrawn from a
  849  patient by an emergency medical technician or paramedic if
  850  evidence of an order not to resuscitate by the patient’s
  851  physician or physician assistant is presented to the emergency
  852  medical technician or paramedic. An order not to resuscitate, to
  853  be valid, must be on the form adopted by rule of the department.
  854  The form must be signed by the patient’s physician or physician
  855  assistant and by the patient or, if the patient is
  856  incapacitated, the patient’s health care surrogate or proxy as
  857  provided in chapter 765, court-appointed guardian as provided in
  858  chapter 744, or attorney in fact under a durable power of
  859  attorney as provided in chapter 709. The court-appointed
  860  guardian or attorney in fact must have been delegated authority
  861  to make health care decisions on behalf of the patient.
  862         (c) The department, in consultation with the Department of
  863  Elderly Affairs and the Agency for Health Care Administration,
  864  shall develop a standardized do-not-resuscitate identification
  865  system with devices that signify, when carried or worn, that the
  866  possessor is a patient for whom a physician or physician
  867  assistant has issued an order not to administer cardiopulmonary
  868  resuscitation. The department may charge a reasonable fee to
  869  cover the cost of producing and distributing such identification
  870  devices. Use of such devices shall be voluntary.
  871         Section 6. This act shall take effect July 1, 2021.