ARNP Legislative Report
April 18, 2008
Allison Carvajal, FNPN Lobbyist
Please Read!
The last few weeks of each legislative session is when, traditionally, we see what has really been ‘up the sleeve’ of organizations. What are some of the things they really want and what do they think they can really get?
ARNPs and other health care providers got a taste of that today. Lobbyists discovered that Sen. Mike Fasano was offering a ‘strike everything amendment’ (where the amendment eliminates the current language and inserts new language) on behalf of the Florida Medical Association through the Department of Health. The strike everything amendment is drafted to a bill that is important to the pharmaceutical industry.
In this instance, a bill that originally was intended to be a clean up bill for one industry, would result in making it almost impossible for anyone other than a fully licensed physician to order pharmaceuticals for the clinic practice from a wholesaler.
Your lobbyist and lobbyists for physician’s assistants and other professionals and health care clinics immediately met to review and analyze the legislation. At the same time they were meeting they scheduled an appointment with the Fl Department of Health Pharmacy Director who is the front for this amendment.
The DOH Pharmacy Director’s issue: The DOH believes that there are numerous persons who are not medical doctors currently ordering wholesale medications/drugs for their clinic (clinic is not defined in the amendment) or their practice.
ARNP lobbyist response: Then enforce the current law. There are clear laws regarding who may purchase medications/drugs from wholesalers, how it should be done, and who is responsible. If, as DOH contends, those laws are not being followed, enforce them. If DOH cannot enforce current laws, how does adding more laws fix the problem?
Review of this legislation by the lobbyists determined that should this bill pass
every health care clinic (no definition so it could include a private practice) would have to have a qualifying practitioner who obtains a special permit to order from a pharmaceutical wholesaler.
A qualifying practitioner"means a licensed health care practitioner defined in s. 456.001 or a veterinarian
licensed under chapter 474, who is authorized under the
appropriate practice act to prescribe and administer a 1775
prescription drug without supervision or a protocol.1776
Some of the requirements the health care clinic would have to meet:
… healthcare clinic establishment must employ a qualifying practitioner who practices full-time at the establishment
….health care clinic establishment may not purchase a controlled substance as defined under chapter 893.1803
… Administration of prescription drugs purchased by the health care clinic establishment is prohibited during any period of time when the establishment does not comply with this paragraph. (i.e. if the ‘qualifying practitioner’ goes to lunch or on vacation).
Lobbyists met with the Department of Health representative this morning and discussed the fact that this alters the scope of practice for many practitioners and that this language needs to be eliminated and or re-written to address the concerns of the professions. It was made clear to the DOH representative that if the DOH does not address this (as it is the DOH who brought this to the Senator), amendments will be made by other Senators and the entire bill could be in jeopardy.
The House version has passed the House and is in Senate messages. The Senate Judiciary Committee is scheduled to take up this bill on Monday.
BILLS MOVING THIS WEEK
The HIV/AIDS Educational Requirements bill (HB153/SB646) are ‘on the verge’ of becoming law. It should have its final vote early next week.
Clinical Nurse Specialist bills ( HB285/SB736) revising the requirements for obtaining certification as a CNS. As earlier reported the Senate passed their bill and sent it to the House where it has been waiting House action. This week the House Healthcare Council withdrew the bill from its last committee and had it placed on the Calendar of the House. The House bill and the Senate bill are now in a position for the entire House to take action and send the bill on to the governor. Note: During the final three weeks of session bills that are scheduled to move begin to move more rapidly. The biggest issue is someone ‘forgetting’ them. Your ARNP lobbyist and the FNA lobbyist are spending a great deal of ‘reminding’ time on this bill.
Clinical Nurse Specialist bills ( HB285/SB736) revising the requirements for obtaining certification as a CNS. The House has heard the bill and should vote on final passage early next week. The bill will then be ready to be presented to the Governor.
BILLS AWAITING ACTION
Relating to reimbursement of Medicaid Providers (HB329/SB 1410) which would change (increase) reimbursement for physicians and dentists based on certain levels and rates
Access to Care (HB 515/SB 792) bill relating to ARNPs serving in underserved areas. The Senate is having its final scheduled committee meetings next week. This bill is not on an agenda. As new leadership takes over in House and Senate and many new members and new committee arrangements happen in the fall, we will begin to look for sponsors who can get this through. |
