Florida Senate - 2009                                     SB 462
       
       
       
       By Senator Fasano
       
       
       
       
       11-00424-09                                            2009462__
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; creating s.
    3         893.055, F.S.; providing definitions; requiring the
    4         Agency for Health Care Administration to establish a
    5         statewide, comprehensive electronic system to monitor
    6         the prescribing and dispensing of controlled
    7         substances listed in Schedule II, Schedule III, or
    8         Schedule IV; providing reporting requirements;
    9         requiring the agency to notify certain dispensers and
   10         prescribers of the implementation date for the
   11         reporting of controlled substances; specifying
   12         circumstances under which a pharmacy or practitioner
   13         is exempt from participating in the system; requiring
   14         prescribing or dispensing pharmacists and
   15         practitioners to submit information in a certain
   16         format; providing a penalty; requiring that the
   17         department and regulatory boards adopt rules;
   18         requiring that all costs incurred by the agency be
   19         paid through federal, private, or grant funding
   20         sources; providing an effective date.
   21         
   22  Be It Enacted by the Legislature of the State of Florida:
   23         
   24         Section 1. Section 893.055, Florida Statutes, is created to
   25  read:
   26         893.055Electronic-monitoring system for prescription of
   27  controlled substances listed in Schedule II, Schedule III, or
   28  Schedule IV.—
   29         (1)As used in this section, the term:
   30         (a)“Agency” means the Agency for Health Care
   31  Administration.
   32         (b)“Department” means the Department of Health.
   33         (c)“Pharmacy” means any pharmacy that is subject to
   34  licensure or regulation by the department pursuant to chapter
   35  465 and that dispenses or delivers a controlled substance
   36  included in Schedule II, Schedule III, or Schedule IV in s.
   37  893.03 to a patient in this state.
   38         (2)By June 30, 2010, the agency shall design and establish
   39  an electronic system consistent with standards of the American
   40  Society for Automation in Pharmacy to monitor the prescribing of
   41  controlled substances listed in Schedule II, Schedule III, or
   42  Schedule IV in s. 893.03 by health care practitioners and the
   43  dispensing of such controlled substances to an individual by a
   44  dispensing practitioner pursuant to chapter 465 or a pharmacy
   45  permitted or registered by the Board of Pharmacy pursuant to
   46  chapter 465.
   47         (3)Each time a controlled substance listed in Schedule II,
   48  Schedule III, or Schedule IV is dispensed to an individual, the
   49  controlled substance must be reported to the agency through the
   50  system as soon thereafter as possible, but not more than 15 days
   51  after the date the controlled substance is dispensed. A pharmacy
   52  or dispensing practitioner may meet the reporting requirements
   53  of this section by providing to the agency in written or any
   54  electronic or magnetic format, including, but not limited to,
   55  electronic submission via the Internet or magnetic disc or tape,
   56  each controlled substance listed in Schedule II, Schedule III,
   57  or Schedule IV which it dispenses.
   58         (4)The agency shall notify each dispenser and prescriber
   59  subject to the reporting requirements in this section of the
   60  implementation date for the reporting requirements as set forth
   61  in the rules of the agency.
   62         (5)This section does not apply to controlled substances:
   63         (a)Administered by a health care practitioner directly to
   64  a patient.
   65         (b)Dispensed by a health care practitioner authorized to
   66  prescribe controlled substances directly to a patient and
   67  limited to an amount adequate to treat the patient for a period
   68  of not more than 72 hours.
   69         (c)Dispensed by a health care practitioner or a pharmacist
   70  to an inpatient of a facility that holds an institutional
   71  pharmacy permit.
   72         (d)Ordered from an institutional pharmacy permitted under
   73  s. 465.019 in accordance with the institutional policy for such
   74  controlled substances or drugs.
   75         (e)Dispensed by a pharmacist or administered by a health
   76  care practitioner to a patient or resident receiving care from a
   77  hospital, nursing home, assisted living facility, home health
   78  agency, hospice, or intermediate care facility for the
   79  developmentally disabled which is licensed in this state.
   80         (6)The data required to be reported under this section
   81  shall be determined by the department by rule and may include,
   82  but is not limited to, any data required under s. 893.04.
   83         (7)A practitioner or pharmacist who dispenses a controlled
   84  substance listed in Schedule II, Schedule III, or Schedule IV in
   85  s. 893.03 must submit the information required by this section
   86  in an electronic or other format approved by rule of the agency.
   87  The cost to the dispenser in submitting the information required
   88  by this section may not be material or extraordinary. Costs not
   89  considered to be material or extraordinary include, but are not
   90  limited to, regular postage, compact discs, zip-drive storage,
   91  regular electronic mail, magnetic tapes, diskettes, and
   92  facsimile charges. The information submitted to the agency under
   93  this section may be transmitted to any person or agency
   94  authorized to receive it pursuant to chapter 119, and that
   95  person or agency may maintain the information received for up to
   96  24 months before purging the information from its records. All
   97  transmissions required by this subsection must comply with
   98  relevant privacy and security laws of the state and federal
   99  government. However, any authorized agency receiving such
  100  information may maintain it for longer than 24 months if the
  101  information is pertinent to an ongoing investigation or
  102  prosecution.
  103         (8)Any person who knowingly fails to report the dispensing
  104  of a controlled substance listed in Schedule II, Schedule III,
  105  or Schedule IV as required by this section commits a misdemeanor
  106  of the first degree, punishable as provided in s. 775.082 or s.
  107  775.083.
  108         (9)The department and the regulatory boards for the health
  109  care practitioners subject to this section shall adopt rules to
  110  administer this section.
  111         (10)All costs incurred by the agency in administering the
  112  prescription-monitoring system shall be through federal,
  113  private, or grant funding applied for by the state. The agency
  114  and state government shall cooperate in seeking grant funds at
  115  no cost to the agency.
  116         Section 2. This act shall take effect July 1, 2009.