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FOMA 2023 Legislative Update - Week 1


March 10, 2023



Paul D. Seltzer, DO, Legislative Chair

Stephen R. Winn, ED

Michelle W. Larson, Assoc. ED

Jason D. Winn, Esq.

Summary

The 2023 Legislative Session in Florida has kicked off with lawmakers returning to the state capital. Governor Ron DeSantis delivered his State of the State address, highlighting pharmacy benefit manager (PBM) reform as a key priority for the session.


In his speech, Governor DeSantis emphasized the need for transparency in the healthcare system, particularly concerning the role of PBMs in driving up the cost of prescription drugs. He noted that inflation harms Floridians, and PBM reform is necessary to bring down drug prices and enable Floridians to save money on their medications.

Steve Winn, Senate President Kathleen Passidomo, &

Jason Winn, Esq.

The Governor also commended the State's efforts to address the nursing shortage by investing record resources into training more Floridians to become nurses. He thanked Raeanne Champion, a recent nursing program graduate from Seminole State College, for her essential role in the State and the contribution she will make as a nurse.


Governor DeSantis also touted Florida's efforts to protect medical freedom during the coronavirus pandemic. He highlighted the State's prohibitions on COVID vaccine mandates in schools, vaccine passports, and job loss due to personal decisions about vaccination. Governor DeSantis recognized Dr. Tim Boyett, a panhandle radiologist, citing the challenges he faced with potential job loss during COVID, acknowledging the legislature's actions in providing necessary job-saving protections for all Floridians.


The Governor's speech sets the tone for the legislative session and provides a roadmap for this session's priority issues. In the coming weeks, PBM reform, addressing the nursing shortage, and ensuring medical freedom will be key topics of debate.

State of the State - Click Here

SB 112 - Step Therapy Clears Another Committee

The Senate Appropriations Committee on Health & Human Services unanimously passed SB 112, step therapy protocols. SB 112 defines the term “serious mental illness” to include certain conditions in the DSM-V. It requires the Agency for Health Care Administration to approve drug products for Medicaid recipients to treat serious mental illness without step-therapy prior authorization under certain circumstances.


SB 0112 Step-therapy Protocols by Harrell

Senator Gayle Harrell & FOMA President Brett Scotch, DO

SB 230 - Health Care Practitioner Titles Passes Final Senate Committee

The Senate Rules Committee amended and unanimously passed SB 230, Healthcare Practitioner Titles and Designations. This legislation specifies which titles and abbreviations health care practitioners may use for advertisements, communications, and personal identification. Healthcare practitioners must disclose specified information and use only authorized titles and abbreviations in their advertisements.

FMA President 

Joshua Lenchus, DO

& FOMA President Brett Scotch, DO

The Committee amended the bill to add the following titles and designations reserved for allopathic and osteopathic physicians: family physician, osteopathic physician, Doctor of Osteopathic Medicine, neurosurgeon, general surgeon, hospitalist, intensivist, resident physician, medical resident, and medical intern. In addition, the Committee amended the bill, providing title clarifying language surrounding chiropractors, podiatrists, and dentists. 


SB 0230 Health Care Practitioner Titles and Designations by Harrell

Legislative Highlights

HB 0351 - Certified Nursing Assistants by Robinson (W) Jr.


SB 0558 - Certified Nursing Assistants by Burton



The House and Senate qualified medical aid (QMA) legislation unanimously passed out of committees in both chambers this week. HB 351 and CS/SB 558 create a new designation of QMA for certified nursing assistants (CNA) who work in a nursing home and meet specified licensure and training requirements. The bills allow a nursing home to authorize a registered nurse (RN) working in the nursing home to delegate medication administration to a QMA who is working under the direct supervision1 of the RN. 


To be designated as a QMA, a CNA must hold a clear and active certification as CNA for at least one year preceding the delegation; complete 40 hours of training that consists of the six-hour training course currently required for a CNA to administer medication in a home health setting and a 34-hour course developed by the Board of Nursing (BON) specific to QMAs; and complete a supervised clinical practice in medication administration conducted in the nursing home. 

HB 0837 Civil Remedies by Gregory



The House Judiciary Committee amended and passed HB 837, Civil Remedies.  Clearing its final House Committee, the bill heads to the full House for consideration.



HB 837 is the House’s tort reform bill. It changes Florida’s comparative negligence system from a “pure” comparative negligence system to a “modified” system so that a plaintiff who is more at fault for their injuries than the defendant may not recover damages from the defendant. The bill also provides uniform standards to assist juries in calculating the value of medical damages in personal injury or wrongful death actions and modifies Florida’s “bad faith” framework. Finally, the bill provides that a contingency fee multiplier for an attorney fee award is appropriate only in rare circumstances and repeals Florida’s one-way attorney fee provisions for insurance cases.

SB 0542 - Emergency Opioid Antagonists by Boyd



The Senate Education Postsecondary Committee unanimously passed SB 542, Emergency Opioid Antagonists. SB 542 requires each Florida College System institution and state university to store a supply of emergency opioid antagonists in each residence hall or dormitory residence owned or operated by the institution in case of an opioid overdose. The emergency opioid antagonist must be easily accessible to campus law enforcement officers trained in administering emergency opioid antagonists and provides immunity from civil or criminal liability for administering an emergency opioid antagonist under the bill.

SB 0164 - Controlled Substance Testing by Polsky


The Senate Judiciary Committee unanimously passed SB 164 relating to controlled substance testing. SB 164 amends s.  893.145, F.S., the drug paraphernalia statute, to exclude from the definition of "drug paraphernalia" narcotic drug testing products used to determine whether a controlled substance contains fentanyl or a fentanyl analog.  If adopted by the legislature, a person who possesses or uses a fentanyl test strip kit would not be subject to arrest and prosecution.

HB 0387 - Physician Certifications for the Medical Use of Marijuana by Roach


The House Healthcare Regulation Subcommittee unanimously passed HB 387, Physician Certifications for the Medical Use of Marijuana. HB 387 retains the requirement that a qualified physician conduct an in-person physical examination on a qualified patient for an initial physician certification and authorizes qualified physicians to use telehealth to conduct examinations for a renewal certification.

HB 0483 - Blood Clot and Pulmonary Embolism Policy Workgroup by Black


The House Healthcare Regulation Subcommittee unanimously passed HB 483, Blood Clot and Pulmonary Embolism Policy Workgroup.  HB 483 creates the Emily Adkins Prevention Act to require the Secretary of the Agency for Health Care Administration (AHCA), in conjunction with the State Surgeon General, to establish a blood clot and pulmonary embolism policy workgroup.


The bill tasks the workgroup with: 


  • Identifying the aggregate number of people in Florida who experience blood clots and PEs annually; 
  • Identifying how data is collected regarding blood clots, PEs, and associated adverse outcomes; 
  • Identifying how blood clots and PEs impact the lives of Floridians; 
  • Identifying the standard of care for blood clot surveillance, detection, and treatment; 
  • Identifying emerging treatments, therapies, and research relating to blood clots; 
  • Developing a risk surveillance system to help health care providers identify patients who may be at a higher risk of forming blood clots and PE; 
  • Developing policy recommendations to help improve patient awareness of blood clot risks; 
  • Developing policy recommendations to help improve surveillance and detection of patients who may be at a higher risk of forming blood clots in hospitals, nursing homes, assisted living facilities, residential treatment facilities, and ambulatory surgical centers; 
  • Developing policy recommendations relating to guidelines used that affect the standard of care for patient at risk of forming blood clots; and 
  • Developing policy recommendations relating to providing patients and their families with written notice of increased risks of forming blood clots. 


The bill requires the workgroup to be composed of health care providers, patients who have experienced blood clots, family members of patients who have died from blood clots, advocates, and other interested parties and associations. The bill requires the Speaker of the House of Representatives and the President of the Senate to appoint two members each. The bill requires the State Surgeon General to appoint the chair of the workgroup who may create subcommittees to assist with research, scheduling speakers, and drafting a workgroup report and policy recommendations. The bill authorizes meetings of the workgroup to be held via teleconference or other electronic means and prohibits members of the workgroup from being compensated.

Bill Tracking Report


In the News

House panel moves forward on telehealth recertifications for medical marijuana

A Florida House panel unanimously signed off on a proposal that would allow doctors to renew patients' medical marijuana approvals using telehealth. Bill sponsor Spencer Roach, R-North Fort Myers, told the House Health Care Regulation Subcommittee that the bill (HB 387) would "treat this (medical marijuana) like any other medicine."

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'Trained' nursing home CNAs could give meds under a bill OK'd by a House subcommittee

A Florida House panel on Thursday approved a proposal that would allow trained certified nursing assistants to give medications to nursing home residents. Supporters say the measure would help free up registered nurses to provide other needed care. The House Health Care Regulation Subcommittee unanimously backed the bill (HB 351), sponsored by Rep.

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Legislation would make it illegal for doctors to provide gender-affirming care to minors

Two House Republicans filed a proposal Friday that would make it illegal for doctors to provide transgender treatments such as puberty blockers and hormone therapy to minors. Also, a Senate Republican filed a bill that similarly seeks to prevent such treatments.

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States move to crack down on nurses with bogus diplomas

Medical licensing officials in multiple states are scrambling to stop nurses with fraudulent academic credentials from caring for patients, after three South Florida schools were accused of selling thousands of bogus diplomas. New York regulators told 903 nurses in recent weeks to either surrender their licenses or prove they were properly educated.

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