SB 1094 — Practice of Pharmacy

Florida Senate - 2020 CS for CS for SB 1094 By the CommitteesCommittee on Appropriations;Health Policy;

and HealthSenator Policy;Diaz 588-03469-20 20201094c1 A bill to be entitled An act relating to consultant pharmacists;

and Senator Diaz 576-04564-20 20201094c2 A bill to be entitled An act relating to the practice of pharmacy;

381.0031, F.S.;

requiring certain licensed pharmacists to report specified information relating to public health to the Department of Health;

amending s.

authorizing a consultant pharmacist to perform specified services under certain circumstancesconditions; and within the scope of a written collaborative practice agreement with certain health care practitioners;

providingprohibiting requirementsa forconsultant thepharmacist agreement;from modifying or discontinuing medicinal drugs prescribed by a health care practitioner under certain conditions;

prohibiting a consultant pharmacist from modifying or discontinuing medicinal drugs prescribed by a health care practitioner without a written collaborative practice agreement;

requiring writtena collaborativeconsultant practicepharmacist agreementsand toa becollaborating madepractitioner availableto uponmaintain requestcollaborative frompractice oragreements; upon inspection by the Department of Health;

requiring collaborative practice agreements to be made available upon request from or upon inspection by the Department of Health;

creating s.

465.1865, F.S.;

defining the terms “collaborative pharmacy practice agreement” and “chronic health condition”;

specifying criteria a pharmacist must meet to provide services under a collaborative pharmacy practice agreement;

providing requirements for collaborative pharmacy practice agreements;

providing for the renewal of such agreements;

requiring collaborating pharmacists and physicians to maintain a copy of the collaborative pharmacy practice agreements at their practices and make such agreements available upon request or inspection;

requiring pharmacists to submit a copy of the signed collaborative pharmacy practice agreement to the Board of Pharmacy before implementing it;

prohibiting pharmacists from engaging in specified activities without a collaborative pharmacy practice agreement;

prohibiting pharmacists from entering into collaborative pharmacy practice agreements under certain circumstances;

prohibiting collaborating physicians from delegating to pharmacists the authority to initiate or prescribe a controlled substance;

providing continuing education requirements for pharmacists practicing under collaborative pharmacy practice agreements;

requiring the Board of Medicine in consultation with the Board of Osteopathic Medicine and the Board of Pharmacy to adopt rules;

5222 Be It Enacted by the Legislature of the State of Florida:

5424 Section 1. Subsection (2)(13) of section 381.0031,465.003, Florida Statutes, is amended to read:

381.0031 Epidemiological research;

report of diseases of public health significance to department.— (2) Any practitioner licensed in this state to practice medicine, osteopathic medicine, chiropractic medicine, naturopathy, or veterinary medicine;

any licensed pharmacist authorized under a collaborative pharmacy practice agreement, as defined in s.

465.1865, to perform or order and evaluate laboratory and clinical tests;

any hospital licensed under part I of chapter 395;

or any laboratory appropriately certified by the Centers for Medicare and Medicaid Services under the federal Clinical Laboratory Improvement Amendments and the federal rules adopted thereunder which diagnoses or suspects the existence of a disease of public health significance shall immediately report the fact to the Department of Health.

Section 2. Subsection (13) of section 465.003, Florida Statutes, is amended to read:

For purposes of this subsection, the term “other pharmaceutical services” means the monitoring of the patient’s drug therapy and assisting the patient in the management of his or her drug therapy;therapy, and includes reviewing, and making recommendations regarding, review of the patient’s drug therapy and health care status in communication with the patient’s prescribing health care provider as licensed under chapter 458, chapter 459, chapter 461, or chapter 466, or a similar statutory provision in another jurisdiction, or such provider’s agent or such other persons as specifically authorized by the patient, regarding the drug therapy.

reviewingHowever, andnothing makingin recommendationsthis regarding,subsection andmay includesnot reviewbe ofinterpreted theto patient’spermit drugan therapyalteration andof healtha careprescriber’s statusdirections, in communication with the patient’sdiagnosis prescribingor healthtreatment careof providerany asdisease, licensedthe underinitiation chapterof 458,any chapterdrug 459,therapy, chapterthe 461,practice orof chaptermedicine, 466, or athe similarpractice statutoryof provisionosteopathic inmedicine, anotherunless jurisdiction,otherwise orpermitted such provider’s agent or such other persons as specifically authorized by thelaw. patient;

andThe initiating,term modifying,“practice of the profession of pharmacy” also includes any other act, service, operation, research, or discontinuingtransaction drugincidental therapyto, foror forming a chronicpart healthof, conditionany underof athe collaborativeforegoing pharmacyacts, practicerequiring, agreement,involving, regardingor employing the drugscience therapy.or art of any branch of the pharmaceutical profession, study, or training, and shall expressly permit a pharmacist to transmit information from persons authorized to prescribe medicinal drugs to their patients.

However, Nothing in this subsection may be interpreted to permit an alteration of a prescriber’s directions, the diagnosis or treatment of any disease, the initiation of any drug therapy, the practice of medicine, or the practice of osteopathic medicine, unless otherwise permitted by law or specifically authorized by s.

465.1865.

The term “Practice of the profession of pharmacy” also includes any other act, service, operation, research, or transaction incidental to, or forming a part of, any of the foregoing acts, requiring, involving, or employing the science or art of any branch of the pharmaceutical profession, study, or training, and shall expressly permit a pharmacist to transmit information from persons authorized to prescribe medicinal drugs to their patients.

Section 3. Section2. Section 465.0125, Florida Statutes, is amended to read: