SB 714 — Testing for and Treatment of Influenza

Florida Senate - 2020 CS for SB 714 By Senator Hutson 7-00934-20 2020714__ A bill to be entitled An act relating to the testingCommittee foron andHealth treatmentPolicy; of influenza and streptococcus;

and Senator Hutson 588-03836-20 2020714c1 A bill to be entitled An act relating to the testing for and treatment of influenza;

authorizing pharmacists to test for and treat influenza and streptococcus and providing requirements relating thereto;

requiring that the written protocol between a pharmacist and a supervising physician to contain certain information, terms, and conditions;

requiring the Board of Medicine, in consultation with the Board of Pharmacy and the Board of Osteopathic Medicine, to adoptdevelop rulesa specified certification program for pharmacists within a specified timetimeframe; period;

requiring that a pharmacist notifyto acollect patient’s primary care provider within a specifiedmedical timehistory periodbefore aftertesting providingand anytreating sucha testingpatient; or treatment;

requiring a pharmacy in which a pharmacist tests for and treats influenza to display and distribute specified information;

providing limitations on the medications a pharmacist may administer to treat influenza;

requiring pharmacists to review certain information for a specified purpose before testing and treating patients;

requiring a pharmacist who tests for and treats influenza to maintain professional liability insurance in a specified amount;

providing recordkeeping requirements for pharmacists who test for and treat influenza;

providing that a person may not interfere with a physician’s professional decision to enter into a written protocol with a pharmacist;

providing that a pharmacist may not enter into a written protocol under certain circumstances;

requiring the Board of Medicine, in consultation with the Board of Pharmacy and the Board of Osteopathic Medicine, to adopt rules within a specified timeframe;

requiring pharmacists to notify a patient’s primary care provider and follow up with the treated patient within specified timeframes;

prohibiting a pharmacist from testing or treating patients under certain circumstances;

specifying circumstances under which a physician may supervise a pharmacist under a written protocol;

providing a contingency on implementation;

2046 Be It Enacted by the Legislature of the State of Florida:

2248 Section 1. Subsection (2) of section 381.0031, Florida Statutes, is amended to read:

465.189, the testing for and treatment of influenza and streptococcus pursuant to s.

465.1895 Testing for and treatment of influenzainfluenza.— and streptococcus.— (1) A pharmacist may test for and treat influenza and streptococcus if all of the following criteria are met:

(a) The pharmacist has entered into a written protocol with a supervising physician licensed under chapter 458 or chapter 459, and such protocol complies with the requirements in subsection (5) and boardthe Board of Medicine’s rules.

(d) The pharmacist is certified to test for and treat influenza and streptococcus pursuant to a certification program approved by the board,Board of Medicine, in consultation with the Boardboard of Medicine and the Board of Osteopathic Medicine,Medicine. within 90 days after the date upon which this section becomes effective.

The certification program must be developed and implemented within 90 days after the date upon which this section becomes effective and must require that the pharmacist attend, on a one-time basis, 8 hours of continuing education courses approved by the board.Board of Medicine.

The continuing education curriculum must be provided by an organization ofthat instructionis approved by the Accreditation Council for Pharmacy Education to provide instructional services and must include, at a minimum, point-of-care testing for influenza and streptococcus and the safe and effective treatment of influenzainfluenza. and streptococcus.

(2) A(e) The pharmacist maycollects notfrom enterthe intopatient a writtenfull protocolhistory underof thisthe sectionpatient’s unlesspast heand orpresent shemedical maintainsconditions aton leasta $200,000form adopted by the Board of professionalMedicine liabilityby insurancerule which allows the patient to check off medical conditions from a list and isadd certifiedother asconditions requiredthat inare paragraphnot (1)(d).listed.

(3) AThe pharmacisthistory whomust testsbe formaintained andas treatspart influenzaof and streptococcus shall maintain and make available patient records using the samepatient’s standards for confidentiality and maintenance of such records asin thoseaccordance thatwith aresubsection imposed(3). on health care practitioners under s.

(f) The pharmacy in which a pharmacist tests for and treats influenza prominently displays signage indicating that any patient tested and treated at the pharmacy is advised to seek followup care from his or her primary care physician or, if the patient has no primary care physician, from the pharmacist’s supervising physician.

(g) The pharmacist who tests for or treats influenza provides the patient with the name and contact information for the pharmacist’s supervising physician and a pamphlet or brochure that meets criteria established by the Board of Medicine by rule informing the patient that:

1. If the test indicates that the patient has influenza, the patient is advised to seek followup care from the patient’s primary care physician or, if the patient has no primary care physician, from the pharmacist’s supervising physician;

and 2. If the pharmacist treats the patient for influenza, the pharmacist and the pharmacy where the testing and treating occurred are liable for damages the patient suffers as a result of an adverse reaction to the treatment.

(h) The pharmacist’s treatment is limited to medications designed to treat influenza which are approved by the Board of Medicine and which the Board of Medicine shall review annually.

(i) The pharmacist, prior to treating the patient, reviews the patient’s current prescriptions and recent prescription history to check for relative contraindications involving the pharmacist’s intended treatment.

(2) A pharmacist may not enter into a written protocol under this section unless he or she maintains at least $250,000 of professional liability insurance and is certified as required in paragraph (1)(d).

(3) A pharmacist who tests for and treats influenza shall maintain and make available patient records using the same standards for confidentiality and maintenance of such records as those that are imposed on health care practitioners under s.

Each patient’s records maintained under this subsection must include confirmation that the requirements of paragraphs (1)(e) and (1)(g) were fulfilled.

(5) The Board of Medicine, in consultation with the board and the Board of Osteopathic Medicine, shall adopt rules establishing requirements for the written protocol within 90 days after the date upon which this section becomes effective.

(b) Specific categories of patients for whom the supervising physician authorizes the pharmacist to test for and treat influenzainfluenza. and streptococcus.

(c) The supervising physician’s instructions for the treatment of influenza and streptococcus based on the patient’s age, symptoms, and test results, including negative results.