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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to nonemergent patient care; amending 2
s. 401.23, F.S.; defining the term "community 3
paramedicine"; amending s. 401.265, F.S.; providing 4
that a physician who supervises the provision of 5
certain services by a paramedic or an emergency 6
medical technician is liable for any act or omission 7
during the provision of such services; amending s. 8
401.272, F.S.; revising a legislative purpose 9
regarding emergency medical services community health 10
care; authorizing paramedics and emergency medical 11
technicians to perform community paramedicine under 12
certain circumstances; amending s. 465.019, F.S.; 13
specifying that Class III institutional pharmacies may 14
dispense, distribute, compound, and fill prescriptions 15
for medicinal drugs for inpatient and outpatient 16
treatment; authorizing hospitals to dispense medicinal 17
drugs to patients without first securing a community 18
pharmacy permit under certain circumstances; amending 19
ss. 14.33, 252.515, 395.1027, and 401.245, F.S.; 20
conforming cross-references; providing an effective 21
date. 22
23
Be It Enacted by the Legislature of the State of Florida: 24
25
HB 937 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 1. Present subsections (10 ) through (22) of 26
section 401.23, Florida Statutes, are redesignated as 27
subsections (11) through (23), respectively, a new subsection 28
(10) is added to that section, and present subsection (19) of 29
that section is amended, to read: 30
401.23 Definitions. —As used in this part, the term: 31
(10) "Community paramedicine" means any nonemergent basic 32
or advanced life support services provided in a community 33
setting by a paramedic or an emergency medical technician, as 34
applicable, under the medical supervision of a p hysician 35
pursuant to a formal supervisory relationship or standing order, 36
as described in s. 401.265, s. 458.348, or s. 459.025. 37
(20)(19) "Physician" means a practitioner who is licensed 38
under the provisions of chapter 458 or chapter 459. For the 39
purpose of providing "medical direction" as defined in this 40
section subsection (14) for the treatment of patients 41
immediately before prior to or during transportation to a United 42
States Department of Veterans Affairs medical facility, 43
"physician" also means a pra ctitioner employed by the United 44
States Department of Veterans Affairs. 45
Section 2. Subsection (4) of section 401.265, Florida 46
Statutes, is amended to read: 47
401.265 Medical directors. — 48
(4) Each physician who supervises or provides medical 49
direction to medical director who uses a paramedic or an 50
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emergency medical technician to perform community paramedicine; 51
to perform blood pressure screening, health promotion, and 52
wellness activities;, or to administer immunization for on any 53
patient under a protoco l as specified in s. 401.272, which is 54
not in the provision of emergency care, is liable for any act or 55
omission of any paramedic or emergency medical technician acting 56
under his or her supervision and control when performing such 57
services. 58
Section 3. Subsections (1) and paragraph (a) of subsection 59
(2) of section 401.272, Florida Statutes, are amended to read: 60
401.272 Emergency medical services community health care. — 61
(1) The purpose of this section is to encourage more 62
effective use utilization of the skills of emergency medical 63
technicians and paramedics by enabling them to perform community 64
paramedicine, in partnership with local county health 65
departments and health care facilities as defined in s. 408.07 , 66
specific additional health care tasks tha t are consistent with 67
the public health and welfare . 68
(2) Notwithstanding any other provision of law to the 69
contrary: 70
(a) Paramedics or emergency medical technicians may 71
perform community paramedicine, health promotion and wellness 72
activities, and blood pressure screenings in a nonemergency 73
environment, within the scope of their training, and under the 74
direction of a physician medical director. As used in this 75
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paragraph, the term "health promotion and wellness" means the 76
provision of public hea lth programs pertaining to the prevention 77
of illness and injury. 78
Section 4. Paragraph (d) of subsection (2) and paragraph 79
(a) of subsection (4) of section 465.019, Florida Statutes, are 80
amended to read: 81
465.019 Institutional pharmacies; permits. — 82
(2) The following classes of institutional pharmacies are 83
established: 84
(d)1. "Class III institutional pharmacies" are those 85
institutional pharmacies, including central distribution 86
facilities, affiliated with a hospital which that provide the 87
same services that are authorized by a Class II institutional 88
pharmacy permit. Class III institutional pharmacies may also: 89
a. Dispense, distribute, compound, and fill prescriptions 90
for medicinal drugs for inpatient or outpatient treatment . 91
b. Prepare prepackaged drug products. 92
c. Conduct other pharmaceutical services for the 93
affiliated hospital and for entities under common control that 94
are each permitted under this chapter to possess medicinal 95
drugs. 96
d. Provide the services in sub -subparagraphs a.-c. to an 97
entity under common control which holds an active health care 98
clinic establishment permit as required under s. 499.01(2)(r). 99
2. A Class III institutional pharmacy shall maintain 100
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policies and procedures addressing: 101
a. The consultant pharmacist responsible for 102
pharmaceutical services. 103
b. Safe practices for the preparation, dispensing, 104
prepackaging, distribution, and transportation of medicinal 105
drugs and prepackaged drug products. 106
c. Recordkeeping to monitor the movement, distribution, 107
and transportation of medicinal drugs and prepackaged drug 108
products. 109
d. Recordkeeping of pharmacy staff responsible for each 110
step in the preparation, dispensing, prepackaging, 111
transportation, and distribution of medicinal drugs and 112
prepackaged drug products. 113
e. Medicinal drugs and prepackaged drug products that may 114
not be safely distributed among Class III institutional 115
pharmacies. 116
(4)(a) Medicinal drugs shall be dispensed by in an 117
institutional pharmacy to outpatients only when that institution 118
has secured a community pharmacy permit from the department. 119
However, medicinal drugs may be dispensed by a hospital that has 120
not secured a community pharmacy permit but operates a Class II 121
or Class III institutional pharmacy may dispense medicinal drugs 122
to a patient of the hosp ital's emergency department or a 123
hospital inpatient upon discharge if a prescriber, as defined in 124
s. 465.025(1), treating the patient in such hospital determines 125
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that the medicinal drug is warranted and that community pharmacy 126
services are not readily acce ssible, geographically or 127
otherwise, to the patient. Such prescribing and dispensing must 128
be for a supply of the drug that will last for the greater of 129
the following: 130
1. Up to 48 hours; or 131
2. Through the end of the next business day. 132
Section 5. Subsection (1) of section 14.33, Florida 133
Statutes, is amended to read: 134
14.33 Medal of Heroism. — 135
(1) The Governor may award a Medal of Heroism of 136
appropriate design, with ribbons and appurtenances, to a law 137
enforcement, correctional, or correctional probat ion officer, as 138
defined in s. 943.10(14); a firefighter, as defined in s. 139
112.191(1)(b); an emergency medical technician, as defined in s. 140
401.23 s. 401.23(11); or a paramedic, as defined in s. 401.23 s. 141
401.23(17). A recipient must have distinguished hims elf or 142
herself conspicuously by gallantry and intrepidity, must have 143
risked his or her life deliberately above and beyond the call of 144
duty while performing duty in his or her respective position, 145
and must have engaged in hazardous or perilous activities to 146
preserve lives with the knowledge that such activities might 147
result in great personal harm. 148
Section 6. Paragraph (a) of subsection (3) of section 149
252.515, Florida Statutes, is amended to read: 150
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252.515 Postdisaster Relief Assistance Act; immunity fro m 151
civil liability.— 152
(3) As used in this section, the term: 153
(a) "Emergency first responder" means: 154
1. A physician licensed under chapter 458. 155
2. An osteopathic physician licensed under chapter 459. 156
3. A chiropractic physician licensed under chapter 460. 157
4. A podiatric physician licensed under chapter 461. 158
5. A dentist licensed under chapter 466. 159
6. An advanced practice registered nurse licensed under s. 160
464.012. 161
7. A physician assistant licensed under s. 458.347 or s. 162
459.022. 163
8. A worker employed by a public or private hospital in 164
the state. 165
9. A paramedic as defined in s. 401.23 s. 401.23(17). 166
10. An emergency medical technician as defined in s. 167
401.23 s. 401.23(11). 168
11. A firefighter as defined in s. 633.102. 169
12. A law enforcement officer as defined in s. 943.10. 170
13. A member of the Florida National Guard. 171
14. Any other personnel designated as emergency personnel 172
by the Governor pursuant to a declared emergency. 173
Section 7. Subsection (5) of section 395.1027, Florida 174
Statutes, is amended to read: 175
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395.1027 Regional poison control centers. — 176
(5) By October 1, 1999, each regional poison control 177
center shall develop a prehospital emergency dispatch protocol 178
with each licensee as defined in s. 401.23 by s. 401.23(13) in 179
the geographic area covered by the regional poison control 180
center. The prehospital emergency dispatch protocol shall be 181
developed by each licensee's medical director in conjunction 182
with the designated regional poison control center responsible 183
for the geographic area in which the licensee operates. The 184
protocol shall define toxic substances and describe the 185
procedure by which the designated regional poison control center 186
may be consulted by the licensee. If a call is transferred to 187
the designated regional poison control center in accordance with 188
the protocol established under this section and s. 401.268, the 189
designated regional poison control center shall assume 190
responsibility and liability for the call. 191
Section 8. Paragraph (b) of subsection (2) of sec tion 192
401.245, Florida Statutes, is amended to read: 193
401.245 Emergency Medical Services Advisory Council. — 194
(2) 195
(b) Representation on the Emergency Medical Services 196
Advisory Council shall include : two licensed physicians who are 197
"medical directors" as defined in s. 401.23 s. 401.23(15) or 198
whose medical practice is closely related to emergency medical 199
services; two emergency medical service administrators, one of 200
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whom is employed by a fire service; two certified paramedics, 201
one of whom is employed by a fi re service; two certified 202
emergency medical technicians, one of whom is employed by a fire 203
service; one emergency medical services educator; one emergency 204
nurse; one hospital administrator; one representative of air 205
ambulance services; one representative o f a commercial ambulance 206
operator; and two laypersons who are in no way connected with 207
emergency medical services, one of whom is a representative of 208
the elderly. Ex officio members of the advisory council from 209
state agencies shall include, but are shall not be limited to, 210
representatives from the Department of Education, the Department 211
of Management Services, the State Fire Marshal, the Department 212
of Highway Safety and Motor Vehicles, the Department of 213
Transportation, and the Division of Emergency Manageme nt. 214
Section 9. This act shall take effect July 1, 2022. 215