The Board proposes the rule amendment to clarify language concerning the writer of the Prescriber Care Plan and to clarify language regarding the prescriber.

 

DEPARTMENT OF HEALTH

Board of Pharmacy

RULE NO.:RULE TITLE:

64B16-27.830Standards of Practice - Drug Therapy Management

PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify language concerning the writer of the Prescriber Care Plan and to clarify language regarding the prescriber.

SUMMARY: Language will be updated regarding the writer of the Prescriber Care Plan and regarding the prescriber.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 465.005, 465.0155 FS.

LAW IMPLEMENTED: 465.003(13), 465.0155, 465.022(1)(b) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jessica Sapp, Executive Director, Board of Pharmacy, 4052 Bald Cypress Way, Bin C04, Tallahassee, Florida 32399-3254.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B16-27.830 Standards of Practice ‒ Drug Therapy Management.

(1) “Prescriber Care Plan” means an individualized assessment of a patient and orders for specific drugs, laboratory tests, and other pharmaceutical services intended to be dispensed or executed by a pharmacist. The Prescriber Care Plan shall be written by a physician or physician assistant licensed pursuant to Chapter 458 or 459, F.S., a podiatric physician licensed under Chapter 461, F.S., or a dentist licensed under Ch. 466, F.S., physician licensed pursuant to Chapter 458, 459, 461, or 466, F.S., or similar statutory provision in another jurisdiction, and may be transmitted by any means of communication. The Prescriber Care Plan shall specify the conditions under which a pharmacist shall order laboratory tests, interpret laboratory values ordered for a patient, execute drug therapy orders for a patient, and notify the prescriber physician.

(2) No change.

(3) A pharmacist may provide Drug Therapy Management services for a patient, incidental to the dispensing of medicinal drugs or as a part of consulting concerning therapeutic values of medicinal drugs or as part of managing and monitoring the patient’s drug therapy. A pharmacist who provides Drug Therapy Management services for a patient shall comply with orders in a Prescriber Care Plan, insofar as they specify:

(a) through (c) No change.

(d) The conditions under which the pharmacist shall contact or notify the prescriber physician.

(4) A pharmacist who provides Drug Therapy Management services shall do so only under the auspices of a pharmacy permit that provides the following:

(a) A transferable patient care record that includes:

1. A Prescriber Care Plan that includes a section noted as “orders” from a duly licensed prescriber physician for each patient for whom a pharmacist provides Drug Therapy Management services,

2. No change.

(b) through (c) No change.

Rulemaking Authority 465.005, 465.0155 FS. Law Implemented 465.003(13), 465.0155, 465.022(1)(b) FS. History–New 4-4-00, Amended                       .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Pharmacy

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Pharmacy

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 3, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 4, 2020