Bill Text: FL S0774 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Physician Assistants
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-09 - Laid on Table, refer to CS/CS/CS/HB 363 -SJ 1670 [S0774 Detail]
Download: Florida-2012-S0774-Introduced.html
Bill Title: Physician Assistants
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-09 - Laid on Table, refer to CS/CS/CS/HB 363 -SJ 1670 [S0774 Detail]
Download: Florida-2012-S0774-Introduced.html
Florida Senate - 2012 SB 774 By Senator Hays 20-00416A-12 2012774__ 1 A bill to be entitled 2 An act relating to physician assistants; amending s. 3 458.307, F.S.; revising the membership of the Board of 4 Medicine within the Department of Health to include a 5 member who is a certified physician assistant; 6 providing for the initial appointment of the certified 7 physician assistant; amending s. 458.347, F.S.; 8 deleting the department’s requirement to issue a 9 license authorizing a physician assistant to prescribe 10 or dispense certain medication; conforming provisions 11 to changes made by the act; deleting a fee to fund the 12 licensing of a physician assistant who is authorized 13 to prescribe or dispense certain medication; amending 14 s. 459.004, F.S.; revising the membership of the Board 15 of Osteopathic Medicine within the department to 16 include a member who is a certified physician 17 assistant; providing for the initial appointment of 18 the certified physician assistant; amending s. 19 459.022, F.S.; deleting the department’s requirement 20 to issue a license to a physician assistant who is 21 authorized to prescribe or dispense certain 22 medication; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Subsections (2) and (3) of section 458.307, 27 Florida Statutes, are amended to read: 28 458.307 Board of Medicine.— 29 (2) Twelve members of the board must be licensed physicians 30 in good standing in this state who are residents of the state 31 and who have been engaged in the active practice or teaching of 32 medicine for at least 4 years immediately preceding their 33 appointment. One of the physicians must be on the full-time 34 faculty of a medical school in this state, and one of the 35 physicians must be in private practice and on the full-time 36 staff of a statutory teaching hospital in this state as defined 37 in s. 408.07. At least one of the physicians must be a graduate 38 of a foreign medical school. One member must be a certified 39 physician assistant who has prescribing privileges and has 40 worked in this state for at least 4 years. The remaining two 41threemembers must be residents of the state who are not, and 42 never have been, licensed health care practitioners. One member 43 must be a health care risk manager licensed under s. 395.10974. 44 At least one member of the board must be 60 years of age or 45 older. 46 (3)(a) As the terms of the members expire, the Governor 47 shall appoint successors for terms of 4 years, and such members 48 shall serve until their successors are appointed. 49 (b) After July 1, 2012, the Governor shall initially 50 appoint the certified physician assistant to the board when: 51 1. A member who is not a licensed health care practitioner 52 vacates his or her position on the board; or 53 2. The term of a member who is not a licensed health care 54 practitioner expires, 55 56 whichever occurs first. 57 Section 2. Paragraphs (e) and (f) of subsection (4) of 58 section 458.347, Florida Statutes, are amended to read: 59 458.347 Physician assistants.— 60 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.— 61 (e) A supervisory physician may delegate to a fully 62 licensed physician assistant the authority to prescribe or 63 dispense any medication used in the supervisory physician’s 64 practice unless such medication is listed on the formulary 65 created pursuant to paragraph (f). A fully licensed physician 66 assistant mayonlyprescribe or dispense such medication only 67 under the following circumstances: 68 1. A physician assistant must clearly identify to the 69 patient that he or she is a physician assistant. Furthermore, 70 the physician assistant must inform the patient that the patient 71 has the right to see the physician beforeprior toany 72 prescription isbeingprescribed or dispensed by the physician 73 assistant. 74 2. The supervisory physician must notify the department of 75 his or her intent to delegate, on a department-approved form, 76 before delegating such authority and notify the department of 77 any change in prescriptive privileges of the physician 78 assistant. Authority to dispense may be delegated only by a 79 supervising physician who is registered as a dispensing 80 practitioner in compliance with s. 465.0276. 81 3. The physician assistant must file with the department, 82 before commencing to prescribe or dispense, evidence that he or 83 she has completed a continuing medical education course of at 84 least 3 classroom hours in prescriptive practice, conducted by 85 an accredited program approved by the boards, which course 86 covers the limitations, responsibilities, and privileges 87 involved in prescribing medicinal drugs, or evidence that he or 88 she has received education comparable to the continuing 89 education course as part of an accredited physician assistant 90 training program. 91 4. The physician assistant must file with the department a 92 signed affidavit that he or she has completed a minimum of 10 93 continuing medical education hours in the specialty practice in 94 which the physician assistant has prescriptive privileges with 95 each licensure renewal application. 96 5. The department shall issue alicense and aprescriber 97 number to the physician assistant granting authority for the 98 prescribing of medicinal drugs authorized within this paragraph 99 upon completion of the foregoing requirements. The physician 100 assistant isshallnotberequired to independently register 101 pursuant to s. 465.0276. 102 6. The prescription must be written in a form that complies 103 with chapter 499 and must contain, in addition to the 104 supervisory physician’s name, address, and telephone number, the 105 physician assistant’s prescriber number. Unless it is a drug or 106 drug sample dispensed by the physician assistant, the 107 prescription must be filled in a pharmacy permitted under 108 chapter 465 and must be dispensed in that pharmacy by a 109 pharmacist licensed under chapter 465. The appearance of the 110 prescriber number creates a presumption that the physician 111 assistant is authorized to prescribe the medicinal drug and the 112 prescription is valid. 113 7. The physician assistant must note the prescription or 114 dispensing of medication in the appropriate medical record. 115 8. This paragraph does not prohibit a supervisory physician 116 from delegating to a physician assistant the authority to order 117 medication for a hospitalized patient of the supervisory 118 physician. 119 120 This paragraph does not apply to facilities licensed pursuant to 121 chapter 395. 122 (f)1. The council shall establish a formulary of medicinal 123 drugs that a fully licensed physician assistant who has 124 prescribing authority,licensedunder this section or s. 125 459.022,may not prescribe. The formulary must include 126 controlled substances as defined in chapter 893, general 127 anesthetics, and radiographic contrast materials. 128 2. In establishing the formulary, the council shall consult 129 with a pharmacist licensed under chapter 465, but not licensed 130 under this chapter or chapter 459, who shall be selected by the 131 State Surgeon General. 132 3. Only the council shall add to, delete from, or modify 133 the formulary. Any person who requests an addition, deletion, or 134 modification of a medicinal drug listed on such formulary has 135 the burden of proof to show cause why such addition, deletion, 136 or modification should be made. 137 4. The boards shall adopt the formulary required by this 138 paragraph, and each addition, deletion, or modification to the 139 formulary, by rule. Notwithstanding any provision of chapter 120 140 to the contrary, the formulary rule shall be effective 60 days 141 after the date it is filed with the Secretary of State. Upon 142 adoption of the formulary, the department shall mail a copy of 143 such formulary to each fully licensed physician assistant who 144 has prescribing authority,licensedunder this section or s. 145 459.022,and to each pharmacy licensed by the state.The boards146shall establish, by rule, a fee not to exceed $200 to fund the147provisions of this paragraph and paragraph (e).148 Section 3. Subsections (2) and (3) of section 459.004, 149 Florida Statutes, are amended to read: 150 459.004 Board of Osteopathic Medicine.— 151 (2) Five members of the board must be licensed osteopathic 152 physicians in good standing in this state who are residents of 153 this state and who have been engaged in the practice of 154 osteopathic medicine for at least 4 years immediately before 155prior totheir appointment. One member must be a certified 156 physician assistant who has prescribing privileges and has 157 worked in this state for at least 4 years. The remaining member 158two membersmust be a citizencitizensof the state who isare159 not, andhavenever has been, a licensed health care 160 practitionerpractitioners. At least one member of the board 161 must be 60 years of age or older. 162 (3)(a) As the terms of the members expire, the Governor 163 shall appoint successors for terms of 4 years, and such members 164 shall serve until their successors are appointed. 165 (b) After July 1, 2012, the Governor shall initially 166 appoint the certified physician assistant to the board when: 167 1. A member who is not a licensed health care practitioner 168 vacates his or her position on the board; or 169 2. The term of a member who is not a licensed health care 170 practitioner expires, 171 172 whichever occurs first. 173 Section 4. Paragraph (e) of subsection (4) of section 174 459.022, Florida Statutes, is amended to read: 175 459.022 Physician assistants.— 176 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.— 177 (e) A supervisory physician may delegate to a fully 178 licensed physician assistant the authority to prescribe or 179 dispense any medication used in the supervisory physician’s 180 practice unless such medication is listed on the formulary 181 created pursuant to s. 458.347. A fully licensed physician 182 assistant mayonlyprescribe or dispense such medication only 183 under the following circumstances: 184 1. A physician assistant must clearly identify to the 185 patient that she or he is a physician assistant. Furthermore, 186 the physician assistant must inform the patient that the patient 187 has the right to see the physician beforeprior toany 188 prescription isbeingprescribed or dispensed by the physician 189 assistant. 190 2. The supervisory physician must notify the department of 191 her or his intent to delegate, on a department-approved form, 192 before delegating such authority and notify the department of 193 any change in prescriptive privileges of the physician 194 assistant. Authority to dispense may be delegated only by a 195 supervisory physician who is registered as a dispensing 196 practitioner in compliance with s. 465.0276. 197 3. The physician assistant must file with the department, 198 before commencing to prescribe or dispense, evidence that she or 199 he has completed a continuing medical education course of at 200 least 3 classroom hours in prescriptive practice, conducted by 201 an accredited program approved by the boards, which course 202 covers the limitations, responsibilities, and privileges 203 involved in prescribing medicinal drugs, or evidence that she or 204 he has received education comparable to the continuing education 205 course as part of an accredited physician assistant training 206 program. 207 4. The physician assistant must file with the department a 208 signed affidavit that she or he has completed a minimum of 10 209 continuing medical education hours in the specialty practice in 210 which the physician assistant has prescriptive privileges with 211 each licensure renewal application. 212 5. The department shall issue alicense and aprescriber 213 number to the physician assistant granting authority for the 214 prescribing of medicinal drugs authorized within this paragraph 215 upon completion of the foregoing requirements. The physician 216 assistant isshallnotberequired to independently register 217 pursuant to s. 465.0276. 218 6. The prescription must be written in a form that complies 219 with chapter 499 and must contain, in addition to the 220 supervisory physician’s name, address, and telephone number, the 221 physician assistant’s prescriber number. Unless it is a drug or 222 drug sample dispensed by the physician assistant, the 223 prescription must be filled in a pharmacy permitted under 224 chapter 465, and must be dispensed in that pharmacy by a 225 pharmacist licensed under chapter 465. The appearance of the 226 prescriber number creates a presumption that the physician 227 assistant is authorized to prescribe the medicinal drug and the 228 prescription is valid. 229 7. The physician assistant must note the prescription or 230 dispensing of medication in the appropriate medical record. 231 8. This paragraph does not prohibit a supervisory physician 232 from delegating to a physician assistant the authority to order 233 medication for a hospitalized patient of the supervisory 234 physician. 235 236 This paragraph does not apply to facilities licensed under 237pursuant tochapter 395. 238 Section 5. This act shall take effect July 1, 2012.