Bill Text: FL S1094 | 2020 | Regular Session | Introduced
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-Introduced.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-Introduced.html
Florida Senate - 2020 SB 1094 By Senator Diaz 36-00598A-20 20201094__ 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.; authorizing a consultant pharmacist to 6 perform specified services under certain conditions; 7 prohibiting a consultant pharmacist from modifying or 8 discontinuing medicinal drugs prescribed by a health 9 care practitioner under certain conditions; revising 10 the responsibilities of a consultant pharmacist; 11 requiring a consultant pharmacist and a collaborating 12 practitioner to maintain collaborative practice 13 agreements; requiring collaborative practice 14 agreements to be made available upon request from or 15 upon inspection by the Department of Health; 16 prohibiting a consultant pharmacist from diagnosing 17 any disease or condition; defining the term “health 18 care facility”; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (13) of section 465.003, Florida 23 Statutes, is amended to read: 24 465.003 Definitions.—As used in this chapter, the term: 25 (13) “Practice of the profession of pharmacy” includes 26 compounding, dispensing, and consulting concerning contents, 27 therapeutic values, and uses of any medicinal drug; consulting 28 concerning therapeutic values and interactions of patent or 29 proprietary preparations, whether pursuant to prescriptions or 30 in the absence and entirely independent of such prescriptions or 31 orders; and conducting other pharmaceutical services. For 32 purposes of this subsection, “other pharmaceutical services” 33 means the monitoring of the patient’s drug therapy and assisting 34 the patient in the management of his or her drug therapy, and 35 includes review and recommendations made inof the patient’s36drug therapy andcommunication with the patient’s prescribing 37 health care provider as licensed under chapter 458, chapter 459, 38 chapter 461, or chapter 466, or a similar statutory provision in 39 another jurisdiction, or such provider’s agent or such other 40 persons as specifically authorized by the patient, regarding the 41 patient’s drug therapy and health care status. However,nothing42inthis subsection may not be interpreted to permit an 43 alteration of a prescriber’s directions, the diagnosis or 44 treatment of any disease, the initiation of any drug therapy, 45 the practice of medicine, or the practice of osteopathic 46 medicine, unless otherwise permitted by law. “Practice of the 47 profession of pharmacy” also includes any other act, service, 48 operation, research, or transaction incidental to, or forming a 49 part of, any of the foregoing acts,requiring, involving, or 50 employing the science or art of any branch of the pharmaceutical 51 profession, study, or training, and shall expressly permit a 52 pharmacist to transmit information from persons authorized to 53 prescribe medicinal drugs to their patients. The practice of the 54 profession of pharmacy also includes the administration of 55 vaccines to adults pursuant to s. 465.189 and the preparation of 56 prepackaged drug products in facilities holding Class III 57 institutional pharmacy permits. The term also includes the 58 ordering and evaluating of any laboratory or clinical testing; 59 conducting patient assessments; and initiating, modifying, 60 discontinuing, or administering medicinal drugs pursuant to s. 61 465.0125. 62 Section 2. Section 465.0125, Florida Statutes, is amended 63 to read: 64 465.0125 Consultant pharmacist license; application, 65 renewal, fees; responsibilities; rules.— 66 (1) The department shall issue or renew a consultant 67 pharmacist license upon receipt of an initial or renewal 68 application thatwhichconforms to the requirements for 69 consultant pharmacist initial licensure or renewal as adopted 70promulgatedby the board by rule and a fee set by the board not 71 to exceed $250. To be licensed as a consultant pharmacist, a 72 pharmacist must complete additional training as required by the 73 board. 74 (a) A consultant pharmacist may provide medication 75 management services within the framework of a collaborative 76 practice agreement between the pharmacist and a health care 77 facility medical director or a physician licensed under chapter 78 458 or chapter 459, a podiatric physician licensed under chapter 79 461, or a dentist licensed under chapter 466, who is authorized 80 to prescribe medicinal drugs. 81 (b) A collaborative practice agreement must outline the 82 circumstances under which the consultant pharmacist may: 83 1. Order and evaluate any laboratory or clinical tests to 84 promote and evaluate patient health and wellness, and monitor 85 drug therapy and treatment outcomes. 86 2. Conduct patient assessments as appropriate to evaluate 87 and monitor drug therapy. 88 3. Initiate, modify, or discontinue medicinal drugs as 89 outlined in the agreed upon patient-specific order or 90 preapproved treatment protocol under the direction of a 91 physician. A consultant pharmacist may not modify or discontinue 92 medicinal drugs prescribed by a health care practitioner who 93 does not have a collaborative practice agreement with the 94 consultant pharmacist. 95 4. Administer medicinal drugs. 96 (c) ATheconsultant pharmacist shall maintainbe97responsible for maintainingall drug, patient care, and quality 98 assurance records as required by law and, with the collaborating 99 practitioner, shall maintain collaborative practice agreements 100 that must be available upon request from or upon inspection by 101 the department. 102 (d) This subsection may not be construed to authorize a 103 consultant pharmacist to diagnose any disease or condition. 104 (e) For purposes of this subsection, the term “health care 105 facility” means an ambulatory surgical center or hospital 106 licensed under chapter 395, an alcohol or chemical dependency 107 treatment center licensed under chapter 397, an inpatient 108 hospice licensed under part IV of chapter 400, a nursing home 109 licensed under part II of chapter 400, an ambulatory care center 110 as defined in s. 408.07, or a nursing home component under 111 chapter 400 within a continuing care facility licensed under 112 chapter 651for establishing drug handling procedures for the113safe handling and storage of drugs. The consultant pharmacist114may also be responsible for ordering and evaluating any115laboratory or clinical testing when, in the judgment of the116consultant pharmacist, such activity is necessary for the proper117performance of the consultant pharmacist’s responsibilities.118Such laboratory or clinical testing may be ordered only with119regard to patients residing in a nursing home facility, and then120only when authorized by the medical director of the nursing home121facility. The consultant pharmacist must have completed such122additional training and demonstrate such additional123qualifications in the practice of institutional pharmacy as124shall be required by the board in addition to licensure as a125registered pharmacist. 126 (2) Notwithstanding the provisions of subsection (1), a 127 consultant pharmacist or a doctor of pharmacy licensed in this 128 state may also be responsible for ordering and evaluating any 129 laboratory or clinical testing for persons under the care of a 130 licensed home health agency when, in the judgment of the 131 consultant pharmacist or doctor of pharmacy, such activity is 132 necessary for the proper performance of his or her 133 responsibilities and only when authorized by a practitioner 134 licensed under chapter 458, chapter 459, chapter 461, or chapter 135 466. In order for the consultant pharmacist or doctor of 136 pharmacy to qualify and accept this authority, he or she must 137 receive 3 hours of continuing education relating to laboratory 138 and clinical testing as established by the board. 139 (3) The board shall adoptpromulgaterules necessary to 140 implement and administer this section. 141 Section 3. This act shall take effect July 1, 2020.