Bill Text: FL S1094 | 2020 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Practice of Pharmacy
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2020-03-10 - Laid on Table, refer to CS/CS/HB 599 [S1094 Detail]
Download: Florida-2020-S1094-Comm_Sub.html
Bill Title: Practice of Pharmacy
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2020-03-10 - Laid on Table, refer to CS/CS/HB 599 [S1094 Detail]
Download: Florida-2020-S1094-Comm_Sub.html
Florida Senate - 2020 CS for SB 1094 By the Committee on Health Policy; and Senator Diaz 588-03469-20 20201094c1 1 A bill to be entitled 2 An act relating to consultant pharmacists; amending s. 3 465.003, F.S.; revising the definition of the term 4 “practice of the profession of pharmacy”; amending s. 5 465.0125, F.S.; requiring a pharmacist to complete 6 additional training to be licensed as a consultant 7 pharmacist; authorizing a consultant pharmacist to 8 perform specified services under certain conditions; 9 prohibiting a consultant pharmacist from modifying or 10 discontinuing medicinal drugs prescribed by a health 11 care practitioner under certain conditions; revising 12 the responsibilities of a consultant pharmacist; 13 requiring a consultant pharmacist and a collaborating 14 practitioner to maintain collaborative practice 15 agreements; requiring collaborative practice 16 agreements to be made available upon request from or 17 upon inspection by the Department of Health; 18 prohibiting a consultant pharmacist from diagnosing 19 any disease or condition; defining the term “health 20 care facility”; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Subsection (13) of section 465.003, Florida 25 Statutes, is amended to read: 26 465.003 Definitions.—As used in this chapter, the term: 27 (13) “Practice of the profession of pharmacy” includes 28 compounding, dispensing, and consulting concerning contents, 29 therapeutic values, and uses of any medicinal drug; consulting 30 concerning therapeutic values and interactions of patent or 31 proprietary preparations, whether pursuant to prescriptions or 32 in the absence and entirely independent of such prescriptions or 33 orders; and conducting other pharmaceutical services. For 34 purposes of this subsection, the term “other pharmaceutical 35 services” meansthemonitoringofthe patient’s drug therapy and 36 assisting the patient in the management of his or her drug 37 therapy, and includes reviewing, and making recommendations 38 regarding,review ofthe patient’s drug therapy and health care 39 status in communication with the patient’s prescribing health 40 care provider as licensed under chapter 458, chapter 459, 41 chapter 461, or chapter 466, or a similar statutory provision in 42 another jurisdiction, or such provider’s agent or such other 43 persons as specifically authorized by the patient, regarding the44drug therapy. However,nothing inthis subsection may not be 45 interpreted to permit an alteration of a prescriber’s 46 directions, the diagnosis or treatment of any disease, the 47 initiation of any drug therapy, the practice of medicine, or the 48 practice of osteopathic medicine, unless otherwise permitted by 49 law. The term “practice of the profession of pharmacy” also 50 includes any other act, service, operation, research, or 51 transaction incidental to, or forming a part of, any of the 52 foregoing acts, requiring, involving, or employing the science 53 or art of any branch of the pharmaceutical profession, study, or 54 training, and shall expressly permit a pharmacist to transmit 55 information from persons authorized to prescribe medicinal drugs 56 to their patients. The practice of the profession of pharmacy 57 also includes the administration of vaccines to adults pursuant 58 to s. 465.189 and the preparation of prepackaged drug products 59 in facilities holding Class III institutional pharmacy permits. 60 The term also includes ordering and evaluating any laboratory or 61 clinical testing; conducting patient assessments; and modifying, 62 discontinuing, or administering medicinal drugs pursuant to s. 63 465.0125 by a consultant pharmacist. 64 Section 2. Section 465.0125, Florida Statutes, is amended 65 to read: 66 465.0125 Consultant pharmacist license; application, 67 renewal, fees; responsibilities; rules.— 68 (1) The department shall issue or renew a consultant 69 pharmacist license upon receipt of an initial or renewal 70 application thatwhichconforms to the requirements for 71 consultant pharmacist initial licensure or renewal as adopted 72promulgatedby the board by rule and a fee set by the board not 73 to exceed $250. To be licensed as a consultant pharmacist, a 74 pharmacist must complete additional training as required by the 75 board. 76 (a) A consultant pharmacist may provide medication 77 management services in a health care facility within the 78 framework of a written collaborative practice agreement between 79 the pharmacist and a health care facility medical director or a 80 physician licensed under chapter 458 or chapter 459, a podiatric 81 physician licensed under chapter 461, or a dentist licensed 82 under chapter 466 who is authorized to prescribe medicinal 83 drugs. A consultant pharmacist may provide medication management 84 services, conduct patient assessments, and order and evaluate 85 laboratory or clinical testing only for patients of the health 86 care practitioner with whom the consultant pharmacist has a 87 written collaborative practice agreement. 88 (b) A written collaborative practice agreement must outline 89 the circumstances under which the consultant pharmacist may: 90 1. Order and evaluate any laboratory or clinical tests to 91 promote and evaluate patient health and wellness, and monitor 92 drug therapy and treatment outcomes. 93 2. Conduct patient assessments as appropriate to evaluate 94 and monitor drug therapy. 95 3. Modify or discontinue medicinal drugs as outlined in the 96 agreed-upon patient-specific order or preapproved treatment 97 protocol under the direction of a physician. However, a 98 consultant pharmacist may not modify or discontinue medicinal 99 drugs prescribed by a health care practitioner who does not have 100 a written collaborative practice agreement with the consultant 101 pharmacist. 102 4. Administer medicinal drugs. 103 (c) ATheconsultant pharmacist shall maintainbe104responsible for maintainingall drug, patient care, and quality 105 assurance records as required by law and, with the collaborating 106 practitioner, shall maintain written collaborative practice 107 agreements that must be available upon request from or upon 108 inspection by the department. 109 (d) This subsection does not authorize a consultant 110 pharmacist to diagnose any disease or condition. 111 (e) For purposes of this subsection, the term “health care 112 facility” means an ambulatory surgical center or hospital 113 licensed under chapter 395, an alcohol or chemical dependency 114 treatment center licensed under chapter 397, an inpatient 115 hospice licensed under part IV of chapter 400, a nursing home 116 licensed under part II of chapter 400, an ambulatory care center 117 as defined in s. 408.07, or a nursing home component under 118 chapter 400 within a continuing care facility licensed under 119 chapter 651for establishing drug handling procedures for the120safe handling and storage of drugs. The consultant pharmacist121may also be responsible for ordering and evaluating any122laboratory or clinical testing when, in the judgment of the123consultant pharmacist, such activity is necessary for the proper124performance of the consultant pharmacist’s responsibilities.125Such laboratory or clinical testing may be ordered only with126regard to patients residing in a nursing home facility, and then127only when authorized by the medical director of the nursing home128facility. The consultant pharmacist must have completed such129additional training and demonstrate such additional130qualifications in the practice of institutional pharmacy as131shall be required by the board in addition to licensure as a132registered pharmacist. 133 (2) Notwithstandingthe provisions ofsubsection (1), a 134 consultant pharmacist or a doctor of pharmacy licensed in this 135 state may also be responsible for ordering and evaluating any 136 laboratory or clinical testing for persons under the care of a 137 licensed home health agency when, in the judgment of the 138 consultant pharmacist or doctor of pharmacy, such activity is 139 necessary for the proper performance of his or her 140 responsibilities and only when authorized by a practitioner 141 licensed under chapter 458, chapter 459, chapter 461, or chapter 142 466. In order for the consultant pharmacist or doctor of 143 pharmacy to qualify and accept this authority, he or she must 144 receive 3 hours of continuing education relating to laboratory 145 and clinical testing as established by the board. 146 (3) The board shall adoptpromulgaterules necessary to 147 implement and administer this section. 148 Section 3. This act shall take effect July 1, 2020.