Bill Text: FL H0850 | 2012 | Regular Session | Comm Sub
Bill Title: Pharmacists
Spectrum: Unknown
Status: (Introduced - Dead) 2012-03-06 - Read 2nd time -SJ 882 [H0850 Detail]
Download: Florida-2012-H0850-Comm_Sub.html
Florida Senate - 2012 CS for SB 850 By the Committee on Budget Subcommittee on Health and Human Services Appropriations; and Senator Oelrich 603-03209-12 2012850c1 1 A bill to be entitled 2 An act relating to pharmacy; amending s. 465.189, 3 F.S.; revising the types of vaccines that pharmacists 4 may administer under certain circumstances; 5 authorizing pharmacists to administer an influenza 6 vaccine, an epinephrine autoinjection, or a shingles 7 vaccine within the framework of an established 8 protocol under certain circumstances; amending s. 9 465.003, F.S.; revising the definition of the term 10 “practice of the profession of pharmacy” to conform to 11 changes made by the act; amending s. 465.009, F.S.; 12 revising continuing professional pharmaceutical 13 educational requirements with respect to administering 14 such vaccines or autoinjection; providing effective 15 dates. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Subsections (2) through (7) of section 465.189, 20 Florida Statutes, are renumbered as subsections (4) through (9), 21 respectively, and new subsections (1), (2), and (3) are added to 22 that section, to read: 23 465.189 Administration of vaccines and epinephrine 24 autoinjectioninfluenza virus immunizations.— 25 (1) In accordance with guidelines of the Centers for 26 Disease Control and Prevention for each recommended immunization 27 or vaccine, a pharmacist may administer the following vaccines 28 to an adult within the framework of an established protocol 29 under a supervising physician licensed under chapter 458 or 30 chapter 459: 31 (a) Influenza vaccine. 32 (b) Pneumococcal vaccine. 33 (2) In accordance with guidelines of the Centers for 34 Disease Control and Prevention, a pharmacist may administer the 35 shingles vaccine within the framework of an established protocol 36 and pursuant to a written or electronic prescription issued to 37 the patient by a physician licensed under chapter 458 or chapter 38 459. 39 (3) In order to address any unforeseen allergic reaction, a 40 pharmacist may administer epinephrine using an autoinjector 41 delivery system within the framework of an established protocol 42 under a supervising physician licensed under chapter 458 or 43 chapter 459. 44(1) Pharmacists may administer influenza virus45immunizations to adults within the framework of an established46protocol under a supervisory practitioner who is a physician47licensed under chapter 458 or chapter 459. Each protocol shall48contain specific procedures for addressing any unforeseen49allergic reaction to influenza virus immunizations.50 (4)(2)A pharmacist may not enter into a protocol unless he 51 or she maintains at least $200,000 of professional liability 52 insurance and has completed training in administering vaccines 53 authorized underinfluenza virus immunizations as provided in54 this section. 55 (5)(3)A pharmacist administering vaccines under this 56 sectioninfluenza virus immunizationsshall maintain and make 57 available patient records using the same standards for 58 confidentiality and maintenance of such records as those that 59 are imposed on health care practitioners under s. 456.057. These 60 records shall be maintained for a minimum of 5 years. 61 (6)(4)The decision by a supervising physician licensed 62 under chapter 458 or chapter 459supervisory practitionerto 63 enter into a protocol under this section is a professional 64 decision on the part of the practitioner, and a person may not 65 interfere with a physician’ssupervisory practitioner’sdecision 66 as to entering into such a protocol. A pharmacist may not enter 67 into a protocol that is to be performed while acting as an 68 employee without the written approval of the owner of the 69 pharmacy. Pharmacists shall forward vaccinationimmunization70 records to the department for inclusion in the state registry of 71 immunization information. 72 (7)(5)Any pharmacist seeking to administer vaccines 73influenza virus immunizationsto adults under this section must 74 be certified to administer such vaccinesinfluenza virus75immunizationspursuant to a certification program approved by 76 the Board of Pharmacy in consultation with the Board of Medicine 77 and the Board of Osteopathic Medicine. The certification program 78 shall, at a minimum, require that the pharmacist attend at least 79 20 hours of continuing education classes approved by the board. 80 The program shall have a curriculum of instruction concerning 81 the safe and effective administration of such vaccinesinfluenza82virus immunizations, including, but not limited to, potential 83 allergic reactions to such vaccinesinfluenza virus84immunizations. 85 (8)(6)The written protocol between the pharmacist and 86 supervising physician under this section must include particular 87 terms and conditions imposed by the supervising physician upon 88 the pharmacist relating to the administration of vaccines 89influenza virus immunizationsby the pharmacist pursuant to this 90 section. The written protocol shall include, at a minimum, 91 specific categories and conditions among patients for whom the 92 supervising physician authorizes the pharmacist to administer 93 such vaccinesinfluenza virus immunizations. The terms, scope, 94 and conditions set forth in the written protocol between the 95 pharmacist and the supervising physician must be appropriate to 96 the pharmacist’s training and certification for administering 97 such vaccinesimmunization. Pharmacists who have been delegated 98 the authority to administer vaccines under this section 99influenza virus immunizationsby the supervising physician under 100 the protocol shall provide evidence of current certification by 101 the Board of Pharmacy to the supervising physician. A 102 supervising physicianphysiciansshall review the administration 103 of such vaccinesinfluenza virus immunizationsby the pharmacist 104pharmacists under such physician’s supervisionpursuant to the 105 written protocol between them, and this review shall take place 106 as outlined in the written protocol. The process and schedule 107 for the review shall be outlined in the written protocol between 108 the pharmacist and the supervising physician. 109 (9)(7)The pharmacist shall submit to the Board of Pharmacy 110 a copy of his or her protocol or written agreement to administer 111 vaccines under this sectioninfluenza virus immunizations. 112 Section 2. Subsection (13) of section 465.003, Florida 113 Statutes, is amended to read: 114 465.003 Definitions.—As used in this chapter, the term: 115 (13) “Practice of the profession of pharmacy” includes 116 compounding, dispensing, and consulting concerning contents, 117 therapeutic values, and uses of any medicinal drug; consulting 118 concerning therapeutic values and interactions of patent or 119 proprietary preparations, whether pursuant to prescriptions or 120 in the absence and entirely independent of such prescriptions or 121 orders; and other pharmaceutical services. For purposes of this 122 subsection, “other pharmaceutical services” means the monitoring 123 of the patient’s drug therapy and assisting the patient in the 124 management of his or her drug therapy, and includes review of 125 the patient’s drug therapy and communication with the patient’s 126 prescribing health care provider as licensed under chapter 458, 127 chapter 459, chapter 461, or chapter 466, or similar statutory 128 provision in another jurisdiction, or such provider’s agent or 129 such other persons as specifically authorized by the patient, 130 regarding the drug therapy. However, nothing in this subsection 131 may be interpreted to permit an alteration of a prescriber’s 132 directions, the diagnosis or treatment of any disease, the 133 initiation of any drug therapy, the practice of medicine, or the 134 practice of osteopathic medicine, unless otherwise permitted by 135 law. “Practice of the profession of pharmacy” also includes any 136 other act, service, operation, research, or transaction 137 incidental to, or forming a part of, any of the foregoing acts, 138 requiring, involving, or employing the science or art of any 139 branch of the pharmaceutical profession, study, or training, and 140 shall expressly permit a pharmacist to transmit information from 141 persons authorized to prescribe medicinal drugs to their 142 patients. The practice of the profession of pharmacy also 143 includes the administration of vaccinesinfluenza virus144immunizationsto adults pursuant to s. 465.189. 145 Section 3. Effective October 1, 2012, subsection (6) is 146 added to section 465.009, Florida Statutes, to read: 147 465.009 Continuing professional pharmaceutical education.— 148 (6) Notwithstanding subsections (1)-(5): 149 (a) Each pharmacist certified to administer a vaccine or 150 epinephrine autoinjection under s. 465.189 must complete a 3 151 hour continuing education course, which shall be offered by a 152 statewide professional association of physicians in this state 153 accredited to provide educational activities designated for the 154 American Medical Association Physician’s Recognition Award (AMA 155 PRA) Category 1 credit, on the safe and effective administration 156 of vaccines and epinephrine autoinjection as part of biennial 157 relicensure or recertification. This course may be offered in a 158 distance-learning format and must be included in the 30 hours of 159 continuing professional pharmaceutical education specified in 160 subsection (1). 161 (b) Each pharmacist must submit confirmation of having 162 completed the course specified in paragraph (a) on a form 163 provided by the board when submitting fees for license renewal. 164 (c) Failure to comply with paragraphs (a) and (b) results 165 in the revocation of the authorization for a pharmacist to 166 administer a vaccine or epinephrine autoinjection under s. 167 465.189. Such authorization may be restored upon completion of 168 such requirements. 169 Section 4. Except as otherwise expressly provided in this 170 act, this act shall take effect July 1, 2012.