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The Florida Statutes

The 2020 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 465
PHARMACY
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F.S. 465.1895
465.1895 Testing or screening for and treatment of minor, nonchronic health conditions.
(1) A pharmacist may test or screen for and treat minor, nonchronic health conditions within the framework of an established written protocol with a supervising physician licensed under chapter 458 or chapter 459. For purposes of this section, a minor, nonchronic health condition is typically a short-term condition that is generally managed with minimal treatment or self-care, and includes:
(a) Influenza.
(b) Streptococcus.
(c) Lice.
(d) Skin conditions, such as ringworm and athlete’s foot.
(e) Minor, uncomplicated infections.
(2) A pharmacist who tests or screens for and treats minor, nonchronic health conditions under this section must:
(a) Hold an active and unencumbered license to practice pharmacy in the state.
(b) Hold a certification issued by the board to test and screen for and treat minor, nonchronic health conditions, in accordance with requirements established by the board in rule in consultation with the Board of Medicine and the Board of Osteopathic Medicine. The certification must require a pharmacist to complete, on a one-time basis, a 20-hour education course approved by the board in consultation with the Board of Medicine and the Board of Osteopathic Medicine. The course, at a minimum, must address patient assessments; point-of-care testing procedures; safe and effective treatment of minor, nonchronic health conditions; and identification of contraindications.
(c) Maintain at least $250,000 of liability coverage. A pharmacist who maintains liability coverage pursuant to s. 465.1865 satisfies this requirement.
(d) Report a diagnosis or suspected existence of a disease of public health significance to the department pursuant to s. 381.0031.
(e) Upon request of a patient, furnish patient records to a health care practitioner designated by the patient.
(f) Maintain records of all patients receiving services under this section for a period of 5 years from each patient’s most recent provision of service.
(3) The board shall adopt, by rule, a formulary of medicinal drugs that a pharmacist may prescribe for the minor, nonchronic health conditions approved under subsection (1). The formulary must include medicinal drugs approved by the United States Food and Drug Administration which are indicated for treatment of the minor, nonchronic health condition. The formulary may not include any controlled substance as described in s. 893.03 or 21 U.S.C. s. 812.
(4) A pharmacist who tests or screens for and treats minor, nonchronic health conditions under this section may use any tests that may guide diagnosis or clinical decisionmaking which the Centers for Medicare and Medicaid Services has determined qualifies for a waiver under the federal Clinical Laboratory Improvement Amendments of 1988, or the federal rules adopted thereunder, or any established screening procedures that can safely be performed by a pharmacist.
(5) The written protocol between a pharmacist and supervising physician under this subsection must include particular terms and conditions imposed by the supervising physician relating to the testing and screening for and treatment of minor, nonchronic health conditions under this section. The terms and conditions must be appropriate to the pharmacist’s training. A pharmacist who enters into such a protocol with a supervising physician must submit the protocol to the board.
(a) At a minimum, the protocol shall include:
1. Specific categories of patients who the pharmacist is authorized to test or screen for and treat minor, nonchronic health conditions.
2. The physician’s instructions for obtaining relevant patient medical history for the purpose of identifying disqualifying health conditions, adverse reactions, and contraindications to the approved course of treatment.
3. The physician’s instructions for the treatment of minor, nonchronic health conditions based on the patient’s age, symptoms, and test results, including negative results.
4. A process and schedule for the physician to review the pharmacist’s actions under the protocol.
5. A process and schedule for the pharmacist to notify the physician of the patient’s condition, tests administered, test results, and course of treatment.
6. Any other requirements as established by the board in consultation with the Board of Medicine and the Board of Osteopathic Medicine.
(b) A pharmacist authorized to test and screen for and treat minor, nonchronic conditions under a protocol shall provide evidence of current certification by the board to the supervising physician. A supervising physician shall review the pharmacist’s actions in accordance with the protocol.
(6) A pharmacist providing services under this section may not perform such services while acting as an employee without the written approval of the owner of the pharmacy.
(7) A pharmacist providing services under this section must complete a 3-hour continuing education course approved by the board addressing issues related to minor, nonchronic health conditions each biennial licensure renewal in addition to the continuing education requirements under s. 465.009. Each pharmacist must submit confirmation of having completed the course when applying for licensure renewal. A pharmacist who fails to comply with this subsection may not provide testing, screening, or treatment services.
(8) A pharmacist providing services under this section must provide a patient with written information to advise the patient to seek followup care from his or her primary care physician. The board, by rule, shall adopt guidelines for the circumstances under which the information required under this subsection shall be provided.
(9) The pharmacy in which a pharmacist tests and screens for and treats minor, nonchronic health conditions must prominently display signage indicating that any patient receiving testing, screening, or treatment services under this section is advised to seek followup care from his or her primary care physician.
(10) A pharmacist providing services under this section must comply with applicable state and federal laws and regulations.
(11) The requirements of the section do not apply with respect to minor, nonchronic health conditions when treated with over-the-counter products.
History.s. 4, ch. 2020-7.