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Professions and Public Health Subcommittee Meeting Packet, January 27, 2021

Summary

Meeting Packet for the Professions & Public Health Subcommittee, Wednesday, January 27, 2021, 10:00 am to 11:00 am, Webster Hall, beginning with the Committee Meeting Notice. The notice lists an introduction of Dr. Scott Rivkees, State Surgeon General, and an implementation briefing by Cassandra Pasley, Director of Medical Quality Assurance, Florida Department of Health, on HB 1061, HB 607, HB 389 and HB 23. It says no filed bills or draft legislation will be considered. The packet then includes a Department of Health implementation update by Jennifer Wenhold covering the Nurse Licensure Compact, autonomous APRNs, pharmacy and telehealth, and reports 1,867 autonomous APRN applications received and 1,262 approved.

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“Professions and Public Health Subcommittee Meeting Packet, January 27, 2021.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-01-27-3093-professions-public-health-subcommittee-meeting-packets-b2a78f0fcd/, SHA-256 4a9c92af14ce222f7d0dfc42b48f4f2f66ab2303abc87e6863b6ac8cfad5d9cf.

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           Professions and Public Health
                  Subcommittee
                Wednesday, January 27, 2021
                   10:00 AM - 11:00 AM
                  Webster Hall (212 Knott)


                      Meeting Packet




Chris Sprowls                                 Will Robinson
Speaker                                               Chair
                                           Committee Meeting Notice
                                                HOUSE OF REPRESENTATIVES




                                      Professions & Public Health Subcommittee

Start Date and Time:                 Wednesday, January 27, 2021 10:00 am

End Date and Time:                   Wednesday, January 27, 2021 11:00 am

Location:                            Webster Hall (212 Knott)
Duration:                            1.00 hrs




Introduction of Dr. Scott Rivkees, State Surgeon General, Florida Department of Health

Implementation briefing by Cassandra Pasley, Director of Medical Quality
Assurance, Florida Department of Health on:

   -     HB 1061 (2016) Nurse Licensure Compact

   -     HB 607 (2020) Autonomous Advanced Practice Registered Nurses (APRN)

   -     HB 389 (2020) Practice of Pharmacy

   -     HB 23 (2019) Telehealth

Autonomous Advanced Nursing Practice – Vicky Stone-Gale, DNP, APRN, FNP-BC




This meeting will be live-streamed on https://thefloridachannel.org/. As no filed bills or draft legislation will
be considered at this meeting, public testimony will not be solicited and seating will be limited to the
Members, invited presenters, and the press. As always, you may contact any Representative prior to the
start of the meeting. Contact information may be found at
https://www.myfloridahouse.gov/Representatives.




                                NOTICE FINALIZED on 01/20/2021 4:06PM by Osborne.Erin


 01/20/2021    04:06:06PM                                       Leagis ®                                            Page 1 of 1
       DOH
Implementation Update
   Department of Health

    Medical Quality Assurance
Legislative Implementation Update

                                Jennifer Wenhold, MSW, Chief
                 Bureau of Health Care Practitioner Regulation
                        Division of Medical Quality Assurance

                             Florida House of Representatives
                    Professions & Public Health Subcommittee
                                              January 27, 2021
                    Regulatory Updates

Nurse Licensure Compact
       HB 1061 (2016), Chapter 2016-139, Laws of Florida
Autonomous Advanced Practice Registered Nurses (APRN)
       HB 607 (2020), Chapter 2020-9, Laws of Florida
Practice of Pharmacy
       HB 389 (2020), Chapter 2020-7, Laws of Florida
Telehealth
       HB 23 (2019), Chapter 2019-137, Laws of Florida
                                     2
                                                           2
                Nursing By the Numbers


                   Profession        Total Licensees
Advanced Practice Registered Nurse             40,850
Certified Nursing Assistant                   183,347
Licensed Practical Nurse                       77,199
Registered Nurse                              361,726

Total                                        663,122


                                 3
                                                        3
     Nurse Licensure Compact – HB 1061 (2016)

The Nurse Licensure Compact (NLC) is an interstate compact.


  • It allows a registered nurse (RN) or licensed practical
    nurse (LPN) to have a multistate license (in primary state
    of residency).
  • This permits the nurse to practice in other member
    states (both physically and via telehealth) subject to each
    state’s practice laws.
                                    4
                                                                  4
        Nurse Licensure Compact - Summary

• Legislation passed during 2016 session.
• Compact went into effect in Florida on January 19, 2018.
• Board Executive Director serves as Florida’s Commissioner.
• Compact currently has 34 party states.

• Total Florida multistate licenses issued:   RNs – 72,412
                                              LPNs – 10,704
                               5
                                                               5
Nurse Licensure Compact - Timeline




               6
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                    Nurse Licensure Compact –
                  Uniform Licensure Requirements
To receive a multistate license, a nurse must:
Meet the home state’s qualifications.
Graduate from qualifying education program (or graduate from a foreign program verified
by independent credentials review agency).

Pass the NCLEX-RN® or NCLEX-PN® exam (or predecessor).

Have no active discipline on a license.

Submit to a federal criminal background check.

                                           7
                                                                                   7
                Nurse Licensure Compact –
                    Discipline Process

• The state that issues a Compact license has jurisdiction to
  discipline the licensee.
• The state where a Compact licensee is practicing (remote
  state) has jurisdiction to discipline the privilege to practice in
  that state.
• Florida has disciplined two out-of-state Compact licensees.
                                 8
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Nurse Licensure Compact –
 National Implementation




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           Autonomous APRN – HB 607 (2020)


Authorizes eligible APRNs to practice autonomously if they meet
certain legislatively mandated eligibility criteria.


                 No discipline within previous five years.

 Registration    Three hours of graduate-level education in pharmacology and differential
                 diagnosis or an equivalency determined by the Board of Nursing.
  Criteria
                 3,000 hours of supervised clinical practice within previous five years.

                                       10
                                                                                           10
                                      Autonomous APRN

                    APRNs                                          Autonomous APRNs

Practice under a supervisory                               Practice primary care or

protocol with a physician.                                 midwifery without a supervisory
• Some physicians charge fees to supervise                 protocol with a physician.
   APRNs.                                                  •   Primary care includes family medicine,
• APRNs may not provide health care services if                general pediatrics and general internal
   the protocol is terminated or if the supervising            medicine.
   physician leaves the practice.
                                                      11
                                                                                                         11
                     Autonomous APRN


• Registration application in Rule 64B9-4.020, F.A.C., became
  effective on October 14, 2020.

• First applications were received on October 19, 2020.
  o Number of applications received:    1,867
  o Number of applications approved: 1,262

                              12
                                                                12
Autonomous APRN
                  County         Licenses

                  Miami-Dade           281

                  Broward              117

                  Palm Beach            75

                  Orange                72

                  Hillsborough          72

                  Duval                 69

                  Pinellas              60

                  Lee                   33

                  Pasco                 29

                  Brevard               24

                  Marion                24



     13
                                  13
            Autonomous APRN - Rulemaking


 Board directed                        Board approved
    to define       Board approved
                                       proposed rule on
 “primary care          text on        December 4, 2020;
practice” as part   August 7, 2020;     sent to OFARR on
 of the practice    Rules workshop       January 6, 2021;
 requirements           held on        becomes effective
  [Rule 64B9-                           on approximately
                    October 9, 2020.   February 24, 2021.
 4.001, F.A.C.].
                           14
                                                      14
            Council on APRN Autonomous Practice


   Council comprising of appointees from the Boards of Medicine (2),
 Osteopathic Medicine (2), and Nursing (4) along with the State Surgeon
 General’s designee to recommend standards of practice to the Board for
                            adoption by rule.


Council met on August 28, 2020, and November              The Board of Nursing approved the
                  19, 2020.                         recommended language on December 4, 2020;
                                                      sent to OFARR on January 6, 2021; becomes
    Council recommended language at the               effective on approximately March 18, 2021.
             November meeting.                                  [Rule 64B9-4.021, F.A.C.]

                                               15
                                                                                           15
          Autonomous APRN Medical Education
      Reimbursement and Loan Repayment Program

• Authorizes an annual reimbursement of up to $15,000 to eligible
   autonomous APRNs for tuition, books, medical equipment/supplies,
   uniforms, and living expenses.​

• Department of Health is currently adopting rules to implement this
   program - Notice of Rule Development published on December 4, 2020.​

• $5 million was appropriated for this program in recurring funds.

                                     16
                                                                       16
             Pharmacy By the Numbers


                  Profession          Total Licensees
Consultant Pharmacist                            3,641
Pharmacist                                      36,579
Pharmacy Intern                                 13,727
Registered Pharmacy Technician                  57,699
Pharmacy                                        10,201

Total                                         121,847

                                 17
                                                         17
       Practice of Pharmacy – HB 389 (2020)


Expands the scope of practice for eligible pharmacists to:
 • Provide specified patient care services through a written collaborative
   practice agreement with a physician.
 • Test for and treat minor, nonchronic health conditions through a written
   protocol with a physician.


Requires consultation with the Boards of Medicine and Osteopathic Medicine.


                                           18
      Practice of Pharmacy - Certification for
        Collaborative Practice Pharmacists

                Hold an active, unencumbered Florida pharmacist license.

                Have a doctor of pharmacy degree or five years of experience.
Certification
  Criteria      Complete a 20-hour initial certification course.

                Maintain at least $250,000 of professional liability coverage.

                Have a system to maintain records of patients receiving services.


                                   19
                                                                                 19
   Practice of Pharmacy - Certification for Test
              and Treat Pharmacists

                Hold an active, unencumbered Florida pharmacist license.

                Complete a 20-hour initial certification course.
Certification
  Criteria      Maintain at least $250,000 of professional liability coverage.

                Have a system to maintain records of patients receiving services.



                                   20
                                                                                 20
                      Practice of Pharmacy - Rulemaking

Rules developed by the Board of Pharmacy:                      Rules developed in consultation with the Boards of
    •   Developed and incorporated certification               Medicine and Osteopathic Medicine:
        application forms.                                         •   Certification requirements.
    •   Submission requirements for collaborative practice         •   Initial course requirements.
        agreements and written protocols.
                                                                   •   Additional chronic health conditions for
    •   A formulary of medicinal drugs for the treatment of
                                                                       collaborative management.
        minor, nonchronic health conditions.
                                                                   •   Additional requirements for the written protocol.
    •   Furnishing patient records.
    •   Information on when to seek follow-up care.
    •   Continuing education requirements.


                                                              21
                                                                                                                    21
         Practice of Pharmacy – Joint Committee
 Joint committee comprises members from the Board of Pharmacy (5), the
Board of Medicine (2), and the Board of Osteopathic Medicine (2) to develop
 and recommend rules regarding collaborative practice and the testing and
          treating for minor conditions to the Board of Pharmacy.


Beginning in March 2020, the Board
of Pharmacy held five meetings and          Engaged with association
 three joint committee meetings to         partners and stakeholders.
              draft rules.


                                     22
                                                                       22
Pharmacy Implementation Timeline - 2020




                 23
                                          23
                    Telehealth – HB 23 (2019)



• Established standards of practice.

• Authorized out-of-state

  telehealth provider registration.



                                           www.flhealthsource.gov/telehealth/
                                      24
                                                                        24
              Telehealth – Registration Requirements

Submit Application for Out-of-State Telehealth Provider Registration.

Maintain an active, unencumbered license.

Not have a pending investigation, discipline, or revocation within the last five years.

Designate a duly appointed registered agent for service of process in Florida.

Maintain liability coverage or financial responsibility.

•Not open a Florida office or provide in-person health care services to Florida patients.
•Only use a Florida-licensed pharmacy, registered nonresident pharmacy, or outsourcing facility to
dispense medicinal drugs to patients in Florida (pharmacists only).
                                                   25
                                                                                             25
                                      Telehealth

• The first application for out-of-state telehealth provider registration was
   received on October 23, 2019.

• As of December 31, 2020, 4,089 out-of-state telehealth providers have been
   registered with the Department of Health and a total of 4,517 applications
   have been submitted.
   •   Physicians represent the largest number of registrants.

   •   Mental health professionals and psychologists represent the second largest group.
                                            26
                                                                                     26
         Registrations Issued                                   129 109
                                                          136
                                                    203
Total: 4,089 (as of December 31, 2020)                                    1,178
    Medical Doctor                           284
    Licensed Mental Health Counselor
    Psychologist
    Licensed Clinical Social Worker        385
    Other
    Advanced Practice Registered Nurse
    Licensed Marriage & Family Therapist
    Physical Therapist                             498                    615

    Osteopathic Physician
    Speech-Language Pathologist                                     552
                                            27
                                                                                  27
                                  Next Steps


• Nurse Licensure Compact: Forms discussion on future compacts.

• Autonomous APRNs: Continue to expedite licensure and increase access to
   care.

• Pharmacy: Joint committee will continue to receive and consider initial
   certification courses for approval.

• Telehealth: Continue to expedite registration and monitor the provision of
   telehealth in Florida.
                                         28
                                                                            28
      Questions?


         Contact:
   Jennifer Wenhold, MSW
  Medical Quality Assurance
         (850) 245-4460
Jennifer.Wenhold@flhealth.gov




            29
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Dr. Stone-Gale Bio
Dr. Stone-Gale received her diploma in nursing from Massillon Community Hospital School of
Nursing in Massillon, Ohio, and her BSN and MSN, both from Barry University in Miami. She
received her Doctor of Nursing Practice degree from the University of Alabama at
Birmingham and completed coursework towards her PhD at UAB. She has practiced as a Family
Nurse Practitioner in primary care for 28 years and currently practices in Plantation, Florida. She
also is an Associate Professor in the Family Nurse Practitioner program at Frontier Nursing
University where she teaches students in Primary Care I and is on various university committees,
and currently is the Research Committee Chair. She is double board certified by the ANCC and
AANP and was inducted as a Fellow of the American Association of Nurse Practitioners in 2016.
Currently she serves on the Selection committee for FAANP.

Dr. Stone-Gale received a gubernatorial appointment to serve on the Florida Board of Nursing
which she did for four years, serving as Chair for the BON, Chair of the Advanced Practice
committee, and member of the Legislative committee and the Credentialing committee.

Dr. Stone-Gale was appointed to the Florida Board of Nursing Controlled Substance formulary
committee to work with pharmacists and physicians to develop the formulary for prescribing and
was appointed to the Council on Advanced Practice Registered Nurse Autonomous Practice. She
is the Chair of the Florida Board of Nursing North Probable Cause Panel.

She also has served in various organizational leadership positions and is currently the President
of the South Florida Council of Advanced Practice Nurses and First Vice President of
Legislation for the Florida Nurse Practitioner Network. She was on the Board of Directors for the
Florida Nurses Association and remains a current member. Dr. Stone-Gale has been actively
involved with NP legislation for over 27 years. She has been a presenter at local and national
conferences on various primary care and education topics and is an abstract and scholarship
reviewer for two national organizations, National Organization of Nurse Practitioners and
AANP. She is also on the Fellows Selection committee for AANP.


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