Bill Text: FL S0914 | 2018 | Regular Session | Introduced
Bill Title: Practice of Pharmacy
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-03-10 - Died in Health Policy [S0914 Detail]
Download: Florida-2018-S0914-Introduced.html
Florida Senate - 2018 SB 914 By Senator Garcia 36-00926-18 2018914__ 1 A bill to be entitled 2 An act relating to the practice of pharmacy; amending 3 s. 465.003, F.S.; revising the definition of the term 4 “practice of the profession of pharmacy”; amending s. 5 465.0125, F.S.; requiring a pharmacist seeking 6 licensure as a consultant pharmacist to complete 7 additional training as required by the Board of 8 Pharmacy; authorizing a consultant pharmacist to 9 perform specified services under certain conditions; 10 revising the responsibilities of a consultant 11 pharmacist; requiring a consultant pharmacist and a 12 supervising physician to maintain a protocol; 13 requiring the protocol to be available upon request; 14 deleting a provision that authorizes certain 15 consultant pharmacists or doctors of pharmacy to order 16 and evaluate any laboratory or clinical testing for 17 persons under the care of a home health agency; 18 amending s. 465.189, F.S.; authorizing a pharmacist 19 who is certified to administer vaccines to adults to 20 perform specified services under certain conditions; 21 providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Subsection (13) of section 465.003, Florida 26 Statutes, is amended to read: 27 465.003 Definitions.—As used in this chapter, the term: 28 (13) “Practice of the profession of pharmacy” includes 29 compounding, dispensing, and consulting concerning contents, 30 therapeutic values, and uses of any medicinal drug; consulting 31 concerning therapeutic values and interactions of patent,or32 proprietary, or other preparations, and health care products and 33 services, whether pursuant to prescriptions or in the absence 34 and entirely independent of such prescriptions or orders; and 35 other pharmaceutical services. For purposes of this subsection, 36 “other pharmaceutical services” means the monitoring of the 37 patient’s drug therapy and assisting the patient in the 38 management of his or her drug therapy, and includes review and 39 recommendations made inof the patient’s drug therapy and40 communication with the patient’s prescribing health care 41 provider as licensed under chapter 458, chapter 459, chapter 42 461, or chapter 466, or similar statutory provision in another 43 jurisdiction, or such provider’s agent or such other persons as 44 specifically authorized by the patient, regarding the patient’s 45 drug therapy and health care status. However, nothing in this 46 subsection may be interpreted to permit an alteration of a 47 prescriber’s directions, the diagnosis or treatment of any 48 disease, the initiation of any drug therapy, the practice of 49 medicine, or the practice of osteopathic medicine, unless 50 otherwise permitted by law. “Practice of the profession of 51 pharmacy” also includes any other act, service, operation, 52 research, or transaction incidental to, or forming a part of, 53 any of the foregoing acts, requiring, involving, or employing 54 the science or art of any branch of the pharmaceutical 55 profession, study, or training, and shall expressly permit a 56 pharmacist to transmit information from persons authorized to 57 prescribe medicinal drugs to their patients. The practice of the 58 profession of pharmacy also includes the administration of 59 vaccines to adults pursuant to s. 465.189. 60 Section 2. Section 465.0125, Florida Statutes, is amended 61 to read: 62 465.0125 Consultant pharmacist license; application, 63 renewal, fees; responsibilities; rules.— 64 (1) The department shall issue or renew a consultant 65 pharmacist license upon receipt of an initial or renewal 66 application which conforms to the requirements for consultant 67 pharmacist initial licensure or renewal as adoptedpromulgated68 by the board by rule and a fee set by the board not to exceed 69 $250. To be licensed as a consultant pharmacist, a Florida 70 licensed pharmacist must complete additional training as 71 required by the board. 72 (a) A consultant pharmacist may provide comprehensive 73 medication management services within the framework of an 74 established protocol under a supervising physician licensed 75 under chapter 458 or chapter 459 if the pharmacist is authorized 76 to prescribe medication by a health facility medical director or 77 individual provider pursuant to Florida law or similar statutory 78 provision in another jurisdiction. Such protocol must outline 79 the circumstances under which the consultant pharmacist may: 80 1. Order and evaluate laboratory and clinical tests to 81 promote and evaluate patient health and wellness, and monitor 82 drug therapy and treatment outcomes; 83 2. Conduct patient assessments as appropriate to evaluate 84 and monitor drug therapy; 85 3. Initiate, modify, or discontinue medications as outlined 86 in the agreed upon patient-specific order or treatment protocol; 87 and 88 4. Administer medications. 89 (b) The consultant pharmacist shallberesponsible for90 maintain medication, patient care, and quality assurance records 91 as required by law and, with the supervising physician, shall 92 maintain the protocol, which must be available upon request for 93 inspectionmaintaining all drug records required by law and for94establishing drug handling procedures for the safe handling and95storage of drugs. The consultant pharmacist may also be96responsible for ordering and evaluating any laboratory or97clinical testing when, in the judgment of the consultant98pharmacist, such activity is necessary for the proper99performance of the consultant pharmacist’s responsibilities.100Such laboratory or clinical testing may be ordered only with101regard to patients residing in a nursing home facility, and then102only when authorized by the medical director of the nursing home103facility. The consultant pharmacist must have completed such104additional training and demonstrate such additional105qualifications in the practice of institutional pharmacy as106shall be required by the board in addition to licensure as a107registered pharmacist. 108(2) Notwithstanding the provisions of subsection (1), a109consultant pharmacist or a doctor of pharmacy licensed in this110state may also be responsible for ordering and evaluating any111laboratory or clinical testing for persons under the care of a112licensed home health agency when, in the judgment of the113consultant pharmacist or doctor of pharmacy, such activity is114necessary for the proper performance of his or her115responsibilities and only when authorized by a practitioner116licensed under chapter 458, chapter 459, chapter 461, or chapter117466. In order for the consultant pharmacist or doctor of118pharmacy to qualify and accept this authority, he or she must119receive 3 hours of continuing education relating to laboratory120and clinical testing as established by the board.121 (2)(3)The board shall adoptpromulgaterules necessary to 122 implement and administer this section. 123 Section 3. Present subsections (3) through (8) of section 124 465.189, Florida Statutes, are redesignated as subsections (4) 125 through (9), respectively, subsection (1) of that section is 126 amended, and a new subsection (3) is added to that section, to 127 read: 128 465.189 Administration of vaccines and epinephrine 129 autoinjection.— 130 (1) In accordance with guidelines of the Centers for 131 Disease Control and Prevention for each recommended immunization 132 or vaccine, a pharmacist, or a registered intern under the 133 supervision of a pharmacist who is certified under subsection 134 (7)(6), may administer the following vaccines to an adult within 135 the framework of an established protocol under a supervising 136 physician licensed under chapter 458 or chapter 459: 137 (a) Immunizations or vaccines listed in the Adult 138 Immunization Schedule as of February 1, 2015, by the United 139 States Centers for Disease Control and Prevention. The board may 140 authorize, by rule, additional immunizations or vaccines as they 141 are added to the Adult Immunization Schedule. 142 (b) Immunizations or vaccines recommended by the United 143 States Centers for Disease Control and Prevention for 144 international travel as of July 1, 2015. The board may 145 authorize, by rule, additional immunizations or vaccines as they 146 are recommended by the United States Centers for Disease Control 147 and Prevention for international travel. 148 (c) Immunizations or vaccines approved by the board in 149 response to a state of emergency declared by the Governor 150 pursuant to s. 252.36. 151 152 A registered intern who administers an immunization or vaccine 153 under this subsection must be supervised by a certified 154 pharmacist at a ratio of one pharmacist to one registered 155 intern. 156 (3) A pharmacist certified under subsection (7) may perform 157 the following services within the framework of an established 158 protocol and under a supervising physician licensed under 159 chapter 458 or chapter 459: 160 (a) Order and evaluate laboratory and clinical tests; and 161 (b) Administer, modify, or discontinue medications. 162 Section 4. This act shall take effect July 1, 2018.