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Test and Treat Legislation Passed, Collaborative Practice Legislation Passed

Feb 14, 2022 | Latest News

Test and Treat Signed Into Law

Yesterday we saw a number of remarkable things happen.  House bill 389 related to pharmacists ability to test and treat patients for influenza and streptococcus was debated by the Florida Senate and in a spirited discussion approved and sent to the House.  The House within an hour took up what the Senate had sent them and also voted to support this change to the pharmacy practice act.  HB389 was not finished yet.  Within an hour or so the bill jetted over to Governor DeSantis and was signed into law.  We have never seen pharmacy legislation moved this fast.  So what is in HB389?

This new law signed by Florida’s Governor:

  • Adds pharmacists working under a protocol to the list of health care providers under F.S 381.0031 who must report discovery of the existence of a disease of public health importance to the Department of health
  • Adds to the definition of the practice of pharmacy the ability to initiate, modify or discontinue drug therapy under a collaborative practice agreement for patients with chronic illnesses.
  • Allows pharmacists within a collaborative practice to test or screen for and treatment of certain nonchronic health conditions
  • Included the testing and treating of lice, skin conditions and minor uncomplicated infections in addition to the original language in the bill that allowed for testing and treating of influenza and streptococcus if done under a protocol

There are education, training and other requirements that a pharmacist must satisfy prior to performing these functions.  This new law takes effect on July 1, 2020 and will require some Board rulemaking in consultation with the medical boards.


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Consultant Pharmacist Collaborative Practice
Approved by Governor

Consultant pharmacists working in licensed facilities will now have expanded authority under 465.0125.  This new law signed by Governor DeSantis will allow consultant pharmacists to:

  • Provide medication management services in licensed facilities under a collaborative agreement
  • Order and evaluate laboratory tests beyond just nursing homes and licensed home health agencies which now includes ambulatory surgery centers, hospitals, chemical dependency centers, licensed hospices, or a licensed continuing care facility
  • Administer medicinal drugs
  • Modify or discontinue medications under a patient-specific order or preapproved protocol
  • Conduct patient assessments
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