2021 Legislation

Podiatric Medicine
Effective Date: July 1, 2021
HB 17 (Full Text)

Summary:
The bill authorizes the supervision of medical assistants by podiatric physicians and specifies governance by section 458.3485, Florida Statutes.

The bill authorizes the Board of Podiatric Medicine to require podiatric physicians to complete an approved two-hour continuing education course on safe and effective prescribing of controlled substances as a part of the 40 hours of continuing professional education required for biennial licensure renewal.

The bill amended section 624.27, Florida Statutes, to authorize podiatric physicians to enter into a direct care agreement with patients.

Parents’ Bill of Rights
Effective Date: July 1, 2021
HB 241 (Full Text)

Summary:
The bill creates the “Parents’ Bill of Rights,” which states that licensed health care providers and facilities cannot provide services, prescribe medicine, or perform any procedure without first obtaining written parental consent unless otherwise authorized by law.

The bill requires a health care practitioner, or his or her employees, to obtain parental consent before performing health care services on a minor child and subjects health care practitioners and health care facilities to disciplinary action for violation of these parental consent requirements in certain instances. The bill includes criminal penalties as well as providing grounds for disciplinary action.

Massage Therapy
Effective Date: July 1, 2021
HB 245 (Full Text)

Summary:
The bill expands the scope of practice for massage therapy by requiring a massage therapist to perform an assessment to determine the course of massage therapy treatment. The bill also makes conforming changes to statutory citations and terminology throughout the statutes.

Practice of Physician Assistants
Effective Date: July 1, 2021
HB 431 (Full Text)

Summary:
The bill amends sections 458.347 and 459.022, Florida Statutes, regarding the practice of physician assistants (PAs) under the supervision of allopathic and osteopathic physicians.

The bill:
 

• Increases the number of PAs a physician may supervise from four to 10;
• Removes the requirement that a PA notify a patient of the right to see a physician prior to the PA prescribing or dispensing a prescription;
• Authorizes a PA to procure medications and medical devices, with exceptions;
• Repeals authorization for the Department of Health (Department) to issue prescriber numbers to PAs and eliminates the need for PA prescriber numbers on prescriptions;
• Authorizes a PA under the supervision of certain practitioners to prescribe up to a 14-day supply of Schedule II psychotropic drugs to a minors;
• Except for a physician certification, authorizes a PA to authenticate any document if the document may also be so authenticated by a physician;
• Authorizes a PA to supervise medical assistants;
• Amends provisions related to program approval for the education and training of PAs and allows trainees to perform medical services rendered within the scope of an approved program;
• Amends the licensure requirements for PAs based on the date a PA graduated from an approved program as defined in the bill by specifying which PA education and training programs are approved for PA licensure;
• Authorizes a PA to satisfy the continuing education requirement on controlled substance prescribing through a designated course;
• Removes the requirement that PA licensure applicants seeking prescribing authority provide course transcripts; and
• Removes the requirement for a licensed PA to notify the Department in writing within 30 days of employment or after any change in supervising physician.

Scheduling of Drug Products Containing Cannabidiol
Effective Date: July 1, 2021
HB 6095 (Full Text)

Summary:
This bill amends section 893.03(5), Florida Statutes, removing Epidiolex as a Schedule V controlled substance, mirroring the federal Controlled Substance Act, and makes conforming changes to the definition of cannabis in section 893.02(3), Florida Statutes.

Dispensing Medicinal Drugs
Effective Date: July 1, 2021
Senate Bill 262 (Full Text)

Summary:
The bill authorizes medicinal drugs to be dispensed by a hospital that operates a Class II or Class Ill institutional pharmacy to any inpatient upon discharge or patient discharged from an emergency department if the prescribing practitioner determines that the medicinal drug is warranted and community pharmacy services are not readily accessible to the patient. The drug may be dispensed up to a 48-hour supply or through the end of the next business day.

During a declared state of emergency, a 72-hour supply may be dispensed by a hospital located in an area affected by the emergency.

Nonopioid Alternatives
Effective Date: July 1, 2021
Senate Bill 530 (Full Text)

Summary:
The bill allows prescribing health care practitioners, who are required to provide information about nonopioid alternatives, to provide health care patients (or their representatives under certain circumstances) the required educational pamphlet electronically in lieu of providing a printed copy.

Consent for Pelvic Examinations
Effective Date: July 1, 2021
Senate Bill 716 (Full Text)

Summary:
The bill amends section 456.51, Florida Statutes, relating to informed consent for pelvic examinations. The bill excludes visual assessment, imaging, and diagnostic medical or surgical procedures from the definition of pelvic examination, requires informed verbal consent of conscious patients in addition to written consent, prescribes those circumstances when consent is not required, and limits the need for informed consent to the initial pelvic examination of a pregnant woman under certain circumstances.

Administration of Vaccines
Effective Date: July 1, 2021
Senate Bill 768 (Full Text)

Summary:
The bill authorizes certified pharmacists and registered pharmacy interns under the supervision of a pharmacist to administer immunizations or vaccines as of April 30, 2021, as listed in the Adult Immunization Schedule by the Centers for Disease Control and Prevention (CDC), recommended by the CDC for International Travel or licensed for use in the United States, or authorized for emergency use by the U.S. Food and Drug Administration.

The bill also authorizes certified pharmacists to administer influenza vaccines to individuals seven years of age or older through an established protocol with a supervising physician.

Genetic Counseling
Effective Date: July 1, 2021
Senate Bill 1770 (Full Text)

Summary:
The bill creates a licensed and regulated profession, genetic counseling, within the Department of Health, Division of Medical Quality Assurance, in part III of chapter 483, Florida Statutes, and authorizes the new practice act to be cited as the “Genetic Counseling Workforce Act.”

The bill provides

• Legislative intent and findings to establish a new profession;
• Definitions for genetic counselor;
• Scope of practice for genetic counseling;
• Requirements for initial licensure, renewal, and continuing education;
• Grounds for disciplinary action and penalties; and
• Exemptions from genetic counseling regulation for:
  • Commissioned medical officers of the United States Armed Forces or Public Health Service while on active duty; and
  • Health care practitioners as defined in section 456.001, Florida Statutes, other than genetic counselors, who are practicing within the scope of their education, training, and licensure.

The bill also amends sections 456.001 and 20.43, Florida Statutes, to include genetic counselors in the definition of a health care practitioner.

Health Care Practitioner Discipline
Effective Date: July 1, 2021
Senate Bill 1934 (Full Text)

Summary:
The bill requires certain offenses be included in grounds for discipline for health care practitioners. It requires the Department of Health to issue an Emergency Order suspending the license of any health care practitioner who is arrested for committing or attempting, soliciting, or conspiring to commit any act that would constitute a violation of certain offenses in this state or similar offenses in another jurisdiction.