Florida Senate - 2013                      CS for CS for SB 1192
       
       
       
       By the Committees on Community Affairs; and Health Policy; and
       Senator Grimsley
       
       
       
       578-04007A-13                                         20131192c2
    1                        A bill to be entitled                      
    2         An act relating to the provision of health care with
    3         controlled substances; amending s. 456.44, F.S.;
    4         limiting the application of requirements for
    5         prescribing controlled substances; requiring a
    6         physician to consult the prescription drug monitoring
    7         program database before prescribing certain controlled
    8         substances; authorizing the appropriate board to adopt
    9         a penalty for failure to consult the database;
   10         exempting nursing home residents and certain
   11         physicians from requirements regarding prescriptions
   12         of controlled substances; amending s. 465.003, F.S.;
   13         defining a term; conforming a cross-reference;
   14         creating s. 465.0065, F.S.; providing notice
   15         requirements for inspection of a pharmacy; amending s.
   16         465.016, F.S.; providing additional grounds for
   17         disciplinary action; conforming a cross-reference;
   18         amending s. 465.022, F.S.; conforming a cross
   19         reference; requiring a pharmacy permittee to commence
   20         operations within 180 days after permit issuance or
   21         show good cause why operations were not commenced;
   22         requiring the Board of Pharmacy to establish rules;
   23         requiring a pharmacy permittee to be supervised by a
   24         prescription department manager or consultant
   25         pharmacist of record; amending s. 465.023, F.S.;
   26         providing additional grounds for disciplinary action;
   27         conforming a cross-reference; creating s. 465.1902,
   28         F.S.; providing that regulation of the licensure,
   29         activity, and operation of pharmacies and pharmacists
   30         is preempted to the state; prohibiting a local
   31         government or political subdivision of the state from
   32         enacting or enforcing an ordinance that imposes a
   33         levy, charge, or fee upon, or that otherwise
   34         regulates, pharmacies and pharmacists, except for
   35         ordinances regarding local business taxes and land
   36         development; amending s. 893.055, F.S.; deleting an
   37         obsolete provision; deleting a provision that
   38         prohibits funds from prescription drug manufacturers
   39         to be used to implement the prescription drug
   40         monitoring program; authorizing the prescription drug
   41         monitoring program to be funded by state funds;
   42         revising the sources of money which are inappropriate
   43         for the direct-support organization of the
   44         prescription drug monitoring program to receive;
   45         creating s. 893.0552, F.S.; providing that regulation
   46         of the licensure, activity, and operation of pain
   47         management clinics is preempted to the state under
   48         certain circumstances; authorizing a local government
   49         or political subdivision of the state to enact certain
   50         ordinances regarding local business taxes and land
   51         development; amending ss. 409.9201, 458.331, 459.015,
   52         465.014, 465.015, 465.0156, 465.0197, 465.1901,
   53         499.003, and 893.02, F.S.; conforming cross
   54         references; providing an effective date.
   55  
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. Subsections (2) and (3) of section 456.44,
   59  Florida Statutes, are amended to read:
   60         456.44 Controlled substance prescribing.—
   61         (2) REGISTRATION.—Effective January 1, 2012, A physician
   62  licensed under chapter 458, chapter 459, chapter 461, or chapter
   63  466 who prescribes more than a 30-day supply of any controlled
   64  substance, listed in Schedule II, Schedule III, or Schedule IV
   65  as defined in s. 893.03, over a 6-month period to any one
   66  patient for the treatment of chronic nonmalignant pain, must:
   67         (a) Designate himself or herself as a controlled substance
   68  prescribing practitioner on the physician’s practitioner
   69  profile.
   70         (b) Comply with the requirements of this section and
   71  applicable board rules.
   72         (3) STANDARDS OF PRACTICE.—The standards of practice in
   73  this section do not supersede the level of care, skill, and
   74  treatment recognized in general law related to health care
   75  licensure.
   76         (a) A complete medical history and a physical examination
   77  must be conducted before beginning any treatment and must be
   78  documented in the medical record. The exact components of the
   79  physical examination shall be left to the judgment of the
   80  clinician who is expected to perform a physical examination
   81  proportionate to the diagnosis that justifies a treatment. The
   82  medical record must, at a minimum, document the nature and
   83  intensity of the pain, current and past treatments for pain,
   84  underlying or coexisting diseases or conditions, the effect of
   85  the pain on physical and psychological function, a review of
   86  previous medical records, previous diagnostic studies, and
   87  history of alcohol and substance abuse. The medical record shall
   88  also document the presence of one or more recognized medical
   89  indications for the use of a controlled substance. Each
   90  registrant must develop a written plan for assessing each
   91  patient’s risk of aberrant drug-related behavior, which may
   92  include patient drug testing. Registrants must assess each
   93  patient’s risk for aberrant drug-related behavior and monitor
   94  that risk on an ongoing basis in accordance with the plan.
   95         (b) Before or during a new patient’s visit for pain
   96  treatment services at a pain-management clinic registered under
   97  s. 458.3265 or s. 459.0137, a physician shall consult the
   98  prescription drug monitoring program database provided under s.
   99  893.055(2)(a) before prescribing a controlled substance listed
  100  in Schedule II or Schedule III in s. 893.03. The physician may
  101  designate an agent under his or her supervision to consult the
  102  database. The board shall adopt rules to establish a penalty for
  103  a physician who does not comply with this subsection.
  104         (c)(b) Each registrant must develop a written
  105  individualized treatment plan for each patient. The treatment
  106  plan shall state objectives that will be used to determine
  107  treatment success, such as pain relief and improved physical and
  108  psychosocial function, and shall indicate if any further
  109  diagnostic evaluations or other treatments are planned. After
  110  treatment begins, the physician shall adjust drug therapy to the
  111  individual medical needs of each patient. Other treatment
  112  modalities, including a rehabilitation program, shall be
  113  considered depending on the etiology of the pain and the extent
  114  to which the pain is associated with physical and psychosocial
  115  impairment. The interdisciplinary nature of the treatment plan
  116  shall be documented.
  117         (d)(c) The physician shall discuss the risks and benefits
  118  of the use of controlled substances, including the risks of
  119  abuse and addiction, as well as physical dependence and its
  120  consequences, with the patient, persons designated by the
  121  patient, or the patient’s surrogate or guardian if the patient
  122  is incompetent. The physician shall use a written controlled
  123  substance agreement between the physician and the patient
  124  outlining the patient’s responsibilities, including, but not
  125  limited to:
  126         1. Number and frequency of controlled substance
  127  prescriptions and refills.
  128         2. Patient compliance and reasons for which drug therapy
  129  may be discontinued, such as a violation of the agreement.
  130         3. An agreement that controlled substances for the
  131  treatment of chronic nonmalignant pain shall be prescribed by a
  132  single treating physician unless otherwise authorized by the
  133  treating physician and documented in the medical record.
  134         (e)(d) The patient shall be seen by the physician at
  135  regular intervals, not to exceed 3 months, to assess the
  136  efficacy of treatment, ensure that controlled substance therapy
  137  remains indicated, evaluate the patient’s progress toward
  138  treatment objectives, consider adverse drug effects, and review
  139  the etiology of the pain. Continuation or modification of
  140  therapy shall depend on the physician’s evaluation of the
  141  patient’s progress. If treatment goals are not being achieved,
  142  despite medication adjustments, the physician shall reevaluate
  143  the appropriateness of continued treatment. The physician shall
  144  monitor patient compliance in medication usage, related
  145  treatment plans, controlled substance agreements, and
  146  indications of substance abuse or diversion at a minimum of 3
  147  month intervals.
  148         (f)(e) The physician shall refer the patient as necessary
  149  for additional evaluation and treatment in order to achieve
  150  treatment objectives. Special attention shall be given to those
  151  patients who are at risk for misusing their medications and
  152  those whose living arrangements pose a risk for medication
  153  misuse or diversion. The management of pain in patients with a
  154  history of substance abuse or with a comorbid psychiatric
  155  disorder requires extra care, monitoring, and documentation and
  156  requires consultation with or referral to an addiction medicine
  157  specialist or psychiatrist.
  158         (g)(f) A physician registered under this section must
  159  maintain accurate, current, and complete records that are
  160  accessible and readily available for review and comply with the
  161  requirements of this section, the applicable practice act, and
  162  applicable board rules. The medical records must include, but
  163  are not limited to:
  164         1. The complete medical history and a physical examination,
  165  including history of drug abuse or dependence.
  166         2. Diagnostic, therapeutic, and laboratory results.
  167         3. Evaluations and consultations.
  168         4. Treatment objectives.
  169         5. Discussion of risks and benefits.
  170         6. Treatments.
  171         7. Medications, including date, type, dosage, and quantity
  172  prescribed.
  173         8. Instructions and agreements.
  174         9. Periodic reviews.
  175         10. Results of any drug testing.
  176         11. A photocopy of the patient’s government-issued photo
  177  identification.
  178         12. If a written prescription for a controlled substance is
  179  given to the patient, a duplicate of the prescription.
  180         13. The physician’s full name presented in a legible
  181  manner.
  182         (h)(g) Patients with signs or symptoms of substance abuse
  183  shall be immediately referred to a board-certified pain
  184  management physician, an addiction medicine specialist, or a
  185  mental health addiction facility as it pertains to drug abuse or
  186  addiction unless the physician is board-certified or board
  187  eligible in pain management. Throughout the period of time
  188  before receiving the consultant’s report, a prescribing
  189  physician shall clearly and completely document medical
  190  justification for continued treatment with controlled substances
  191  and those steps taken to ensure medically appropriate use of
  192  controlled substances by the patient. Upon receipt of the
  193  consultant’s written report, the prescribing physician shall
  194  incorporate the consultant’s recommendations for continuing,
  195  modifying, or discontinuing controlled substance therapy. The
  196  resulting changes in treatment shall be specifically documented
  197  in the patient’s medical record. Evidence or behavioral
  198  indications of diversion shall be followed by discontinuation of
  199  controlled substance therapy, and the patient shall be
  200  discharged, and all results of testing and actions taken by the
  201  physician shall be documented in the patient’s medical record.
  202  
  203  This subsection does not apply to a board-eligible or board
  204  certified anesthesiologist, physiatrist, rheumatologist, or
  205  neurologist, or to a board-certified physician who has surgical
  206  privileges at a hospital or ambulatory surgery center and
  207  primarily provides surgical services. This subsection does not
  208  apply to a board-eligible or board-certified medical specialist
  209  who has also completed a fellowship in pain medicine approved by
  210  the Accreditation Council for Graduate Medical Education or the
  211  American Osteopathic Association, or who is board eligible or
  212  board certified in pain medicine by the American Board of Pain
  213  Medicine or a board approved by the American Board of Medical
  214  Specialties or the American Osteopathic Association and performs
  215  interventional pain procedures of the type routinely billed
  216  using surgical codes. This subsection does not apply to a
  217  physician who prescribes medically necessary controlled
  218  substances for a patient during an inpatient stay in a hospital
  219  licensed under chapter 395 or to a resident in a facility
  220  licensed under part II of chapter 400. This subsection does not
  221  apply to any physician licensed under chapter 458 or chapter 459
  222  who writes fewer than 50 prescriptions for a controlled
  223  substance for all of his or her patients during a 1-year period.
  224         Section 2. Present subsections (1) through (17) of section
  225  465.003, Florida Statutes, are renumbered as subsections (2)
  226  through (18), respectively, paragraph (a) of present subsection
  227  (11) of that section is amended, and a new subsection (1) is
  228  added to that section, to read:
  229         465.003 Definitions.—As used in this chapter, the term:
  230         (1) “Abandoned” means the status of a pharmacy permit of a
  231  person or entity that was issued the permit but fails to
  232  commence pharmacy operations within 180 days after issuance of
  233  the permit without good cause or fails to follow pharmacy
  234  closure requirements as set by the board.
  235         (12)(11)(a) “Pharmacy” includes a community pharmacy, an
  236  institutional pharmacy, a nuclear pharmacy, a special pharmacy,
  237  and an Internet pharmacy.
  238         1. The term “community pharmacy” includes every location
  239  where medicinal drugs are compounded, dispensed, stored, or sold
  240  or where prescriptions are filled or dispensed on an outpatient
  241  basis.
  242         2. The term “institutional pharmacy” includes every
  243  location in a hospital, clinic, nursing home, dispensary,
  244  sanitarium, extended care facility, or other facility,
  245  hereinafter referred to as “health care institutions,” where
  246  medicinal drugs are compounded, dispensed, stored, or sold.
  247         3. The term “nuclear pharmacy” includes every location
  248  where radioactive drugs and chemicals within the classification
  249  of medicinal drugs are compounded, dispensed, stored, or sold.
  250  The term “nuclear pharmacy” does not include hospitals licensed
  251  under chapter 395 or the nuclear medicine facilities of such
  252  hospitals.
  253         4. The term “special pharmacy” includes every location
  254  where medicinal drugs are compounded, dispensed, stored, or sold
  255  if such locations are not otherwise defined in this subsection.
  256         5. The term “Internet pharmacy” includes locations not
  257  otherwise licensed or issued a permit under this chapter, within
  258  or outside this state, which use the Internet to communicate
  259  with or obtain information from consumers in this state and use
  260  such communication or information to fill or refill
  261  prescriptions or to dispense, distribute, or otherwise engage in
  262  the practice of pharmacy in this state. Any act described in
  263  this definition constitutes the practice of pharmacy as defined
  264  in subsection (14)(13).
  265         Section 3. Section 465.0065, Florida Statutes, is created
  266  to read:
  267         465.0065 Notices; form and service.—Each notice served by
  268  the department pursuant to this chapter must be in writing and
  269  must be delivered personally by an agent of the department or by
  270  certified mail to the pharmacy permittee or licensee. If the
  271  pharmacy permittee or licensee refuses to accept service or
  272  evades service or if the agent is otherwise unable to carry out
  273  service after due diligence, the department may post the notice
  274  in a conspicuous place at the pharmacy or at the home or
  275  business address for the licensee.
  276         Section 4. Paragraphs (e) and (s) of subsection (1) of
  277  section 465.016, Florida Statutes, are amended, and paragraph
  278  (u) is added to that subsection, to read:
  279         465.016 Disciplinary actions.—
  280         (1) The following acts constitute grounds for denial of a
  281  license or disciplinary action, as specified in s. 456.072(2):
  282         (e) Violating chapter 499; 21 U.S.C. ss. 301-392, known as
  283  the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et
  284  seq., known as the Comprehensive Drug Abuse Prevention and
  285  Control Act; or chapter 893 or rules adopted thereunder.
  286         (s) Dispensing any medicinal drug based upon a
  287  communication that purports to be a prescription as defined by
  288  s. 465.003 s. 465.003(14) or s. 893.02 when the pharmacist knows
  289  or has reason to believe that the purported prescription is not
  290  based upon a valid practitioner-patient relationship.
  291         (u) Misappropriating drugs, supplies, or equipment from a
  292  pharmacy permittee.
  293         Section 5. Paragraph (j) of subsection (5) of section
  294  465.022, Florida Statutes, is amended, present subsections (10)
  295  through (14) are renumbered as subsections (11) through (15),
  296  respectively, present subsection (10) of that section is
  297  amended, and a new subsection (10) is added to that section, to
  298  read:
  299         465.022 Pharmacies; general requirements; fees.—
  300         (5) The department or board shall deny an application for a
  301  pharmacy permit if the applicant or an affiliated person,
  302  partner, officer, director, or prescription department manager
  303  or consultant pharmacist of record of the applicant:
  304         (j) Has dispensed any medicinal drug based upon a
  305  communication that purports to be a prescription as defined by
  306  s. 465.003 s. 465.003(14) or s. 893.02 when the pharmacist knows
  307  or has reason to believe that the purported prescription is not
  308  based upon a valid practitioner-patient relationship that
  309  includes a documented patient evaluation, including history and
  310  a physical examination adequate to establish the diagnosis for
  311  which any drug is prescribed and any other requirement
  312  established by board rule under chapter 458, chapter 459,
  313  chapter 461, chapter 463, chapter 464, or chapter 466.
  314  
  315  For felonies in which the defendant entered a plea of guilty or
  316  nolo contendere in an agreement with the court to enter a
  317  pretrial intervention or drug diversion program, the department
  318  shall deny the application if upon final resolution of the case
  319  the licensee has failed to successfully complete the program.
  320         (10) The permittee shall commence pharmacy operations
  321  within 180 days after issuance of the permit, or show good cause
  322  to the department why pharmacy operations were not commenced.
  323  Commencement of pharmacy operations includes, but is not limited
  324  to, acts within the scope of the practice of pharmacy, ordering
  325  or receiving drugs, and other similar activities. The board
  326  shall establish rules regarding commencement of pharmacy
  327  operations.
  328         (11)(10)A pharmacy permittee shall be supervised by a
  329  prescription department manager or consultant pharmacist of
  330  record at all times. A permittee must notify the department, on
  331  a form approved by the board, within 10 days after any change in
  332  prescription department manager or consultant pharmacist of
  333  record.
  334         Section 6. Subsection (1) of section 465.023, Florida
  335  Statutes, is amended to read:
  336         465.023 Pharmacy permittee; disciplinary action.—
  337         (1) The department or the board may revoke or suspend the
  338  permit of any pharmacy permittee, and may fine, place on
  339  probation, or otherwise discipline any pharmacy permittee if the
  340  permittee, or any affiliated person, partner, officer, director,
  341  or agent of the permittee, including a person fingerprinted
  342  under s. 465.022(3), has:
  343         (a) Obtained a permit by misrepresentation or fraud or
  344  through an error of the department or the board;
  345         (b) Attempted to procure, or has procured, a permit for any
  346  other person by making, or causing to be made, any false
  347  representation;
  348         (c) Violated any of the requirements of this chapter or any
  349  of the rules of the Board of Pharmacy; of chapter 499, known as
  350  the “Florida Drug and Cosmetic Act”; of 21 U.S.C. ss. 301-392,
  351  known as the “Federal Food, Drug, and Cosmetic Act”; of 21
  352  U.S.C. ss. 821 et seq., known as the Comprehensive Drug Abuse
  353  Prevention and Control Act; or of chapter 893 or rules adopted
  354  thereunder;
  355         (d) Been convicted or found guilty, regardless of
  356  adjudication, of a felony or any other crime involving moral
  357  turpitude in any of the courts of this state, of any other
  358  state, or of the United States;
  359         (e) Been convicted or disciplined by a regulatory agency of
  360  the Federal Government or a regulatory agency of another state
  361  for any offense that would constitute a violation of this
  362  chapter;
  363         (f) Been convicted of, or entered a plea of guilty or nolo
  364  contendere to, regardless of adjudication, a crime in any
  365  jurisdiction which relates to the practice of, or the ability to
  366  practice, the profession of pharmacy;
  367         (g) Been convicted of, or entered a plea of guilty or nolo
  368  contendere to, regardless of adjudication, a crime in any
  369  jurisdiction which relates to health care fraud; or
  370         (h) Dispensed any medicinal drug based upon a communication
  371  that purports to be a prescription as defined by s. 465.003 s.
  372  465.003(14) or s. 893.02 when the pharmacist knows or has reason
  373  to believe that the purported prescription is not based upon a
  374  valid practitioner-patient relationship that includes a
  375  documented patient evaluation, including history and a physical
  376  examination adequate to establish the diagnosis for which any
  377  drug is prescribed and any other requirement established by
  378  board rule under chapter 458, chapter 459, chapter 461, chapter
  379  463, chapter 464, or chapter 466.
  380         Section 7. Section 465.1902, Florida Statutes, is created
  381  to read:
  382         465.1902Preemption.—This chapter preempts to the state all
  383  regulation of the licensure, activity, and operation of
  384  pharmacies and pharmacists as defined in this chapter. A local
  385  government or political subdivision of the state may not enact
  386  or enforce an ordinance that imposes a levy, charge, or fee
  387  upon, or that otherwise regulates, pharmacies and pharmacists as
  388  defined in this chapter, except that this preemption does not
  389  prohibit a local government or political subdivision from
  390  enacting an ordinance regarding the following:
  391         (1) Local business taxes adopted pursuant to chapter 205.
  392         (2) Land use development regulations adopted pursuant to
  393  chapter 163, which include regulation of any aspect of
  394  development, including a subdivision, building construction,
  395  sign regulation, and any other regulation concerning the
  396  development of land, landscaping, or tree protection, and which
  397  do not include restrictions on pain-management services, health
  398  care services, or the prescribing of controlled substances.
  399         Section 8. Paragraph (b) of subsection (2), subsection
  400  (10), and paragraph (c) of subsection (11) of section 893.055,
  401  Florida Statutes, are amended to read:
  402         893.055 Prescription drug monitoring program.—
  403         (2)
  404         (b) The department, when the direct support organization
  405  receives at least $20,000 in nonstate moneys or the state
  406  receives at least $20,000 in federal grants for the prescription
  407  drug monitoring program, shall adopt rules as necessary
  408  concerning the reporting, accessing the database, evaluation,
  409  management, development, implementation, operation, security,
  410  and storage of information within the system, including rules
  411  for when patient advisory reports are provided to pharmacies and
  412  prescribers. The patient advisory report shall be provided in
  413  accordance with s. 893.13(7)(a)8. The department shall work with
  414  the professional health care licensure boards, such as the Board
  415  of Medicine, the Board of Osteopathic Medicine, and the Board of
  416  Pharmacy; other appropriate organizations, such as the Florida
  417  Pharmacy Association, the Florida Medical Association, the
  418  Florida Retail Federation, and the Florida Osteopathic Medical
  419  Association, including those relating to pain management; and
  420  the Attorney General, the Department of Law Enforcement, and the
  421  Agency for Health Care Administration to develop rules
  422  appropriate for the prescription drug monitoring program.
  423         (10) All costs incurred by the department in administering
  424  the prescription drug monitoring program shall be funded through
  425  state funds, federal grants, or private funding applied for or
  426  received by the state. The department may not commit funds for
  427  the monitoring program without ensuring funding is available.
  428  The prescription drug monitoring program and the implementation
  429  thereof are contingent upon receipt of the nonstate funding. The
  430  department and state government shall cooperate with the direct
  431  support organization established pursuant to subsection (11) in
  432  seeking state funds, federal grant funds, other nonstate grant
  433  funds, gifts, donations, or other private moneys for the
  434  department if so long as the costs of doing so are not
  435  considered material. Nonmaterial costs for this purpose include,
  436  but are not limited to, the costs of mailing and personnel
  437  assigned to research or apply for a grant. Notwithstanding the
  438  exemptions to competitive-solicitation requirements under s.
  439  287.057(3)(f), the department shall comply with the competitive
  440  solicitation requirements under s. 287.057 for the procurement
  441  of any goods or services required by this section. Funds
  442  provided, directly or indirectly, by prescription drug
  443  manufacturers may not be used to implement the program.
  444         (11) The department may establish a direct-support
  445  organization that has a board consisting of at least five
  446  members to provide assistance, funding, and promotional support
  447  for the activities authorized for the prescription drug
  448  monitoring program.
  449         (c) The State Surgeon General shall appoint a board of
  450  directors for the direct-support organization. Members of the
  451  board shall serve at the pleasure of the State Surgeon General.
  452  The State Surgeon General shall provide guidance to members of
  453  the board to ensure that moneys received by the direct-support
  454  organization are not received from inappropriate sources.
  455  Inappropriate sources include, but are not limited to, donors,
  456  grantors, persons, or organizations, or pharmaceutical
  457  companies, that may monetarily or substantively benefit from the
  458  purchase of goods or services by the department in furtherance
  459  of the prescription drug monitoring program.
  460         Section 9. Section 893.0552, Florida Statutes, is created
  461  to read:
  462         893.0552Preemption of regulation.—
  463         (1) This section preempts to the state all regulation of
  464  the licensure, activity, and operation of pain-management
  465  clinics as defined in ss. 458.3265 and 459.0137 in the following
  466  circumstances:
  467         (a) The clinic is wholly owned and operated by a physician
  468  who performs interventional pain procedures of the type
  469  routinely billed using surgical codes, who has never been
  470  suspended or revoked for prescribing a controlled substance in
  471  Schedule II or Schedule III of s. 893.03 and drugs containing
  472  Alprazolam in excessive or inappropriate quantities that are not
  473  in the best interest of a patient, and who:
  474         1. Has completed a fellowship in pain medicine which is
  475  approved by the Accreditation Council for Graduate Medical
  476  Education or the American Osteopathic Association;
  477         2. Is board-certified in pain medicine by the American
  478  Board of Pain Medicine, board-certified by the American Board of
  479  Interventional Pain Physicians; or
  480         3. Has a board certification or subcertification in pain
  481  management or pain medicine by a specialty board approved by the
  482  American Board of Medical Specialties or the American
  483  Osteopathic Association.
  484         (b) The clinic is wholly owned and operated by a physician
  485  multispecialty practice if one or more board-eligible or board
  486  certified medical specialists has one of the qualifications
  487  specified in subparagraph (a)1., subparagraph (a)2., or
  488  subparagraph (a)3., performs interventional pain procedures of
  489  the type routinely billed using surgical codes, and has never
  490  been suspended or revoked for prescribing a controlled substance
  491  in Schedule II or Schedule III of s. 893.03 and drugs containing
  492  Alprazolam in excessive or inappropriate quantities that are not
  493  in the best interest of a patient.
  494         (2) Notwithstanding subsection (1), the preemption does not
  495  prohibit a local government or political subdivision from
  496  enacting an ordinance regarding local business taxes adopted
  497  pursuant to chapter 205 and land use development regulations
  498  adopted pursuant to chapter 163. A pain-management clinic in
  499  which the regulation of its licensure, activity, and operation
  500  is preempted to the state pursuant to subsection (1) is a
  501  permissible use in a land use or zoning category that permits
  502  hospitals and other health care facilities or clinics as defined
  503  in chapter 395 or s. 408.07. Upon the request of a local
  504  government, a pain-management clinic must annually demonstrate
  505  that it qualifies for preemption pursuant to subsection (1).
  506         Section 10. Subsection (1) of section 409.9201, Florida
  507  Statutes, is amended to read:
  508         409.9201 Medicaid fraud.—
  509         (1) As used in this section, the term:
  510         (a) “Prescription drug” means any drug, including, but not
  511  limited to, finished dosage forms or active ingredients that are
  512  subject to, defined by, or described by s. 503(b) of the Federal
  513  Food, Drug, and Cosmetic Act or by s. 465.003 s. 465.003(8), s.
  514  499.003(46) or (53) or s. 499.007(13).
  515         (b) “Value” means the amount billed to the Medicaid program
  516  for the property dispensed or the market value of a legend drug
  517  or goods or services at the time and place of the offense. If
  518  the market value cannot be determined, the term means the
  519  replacement cost of the legend drug or goods or services within
  520  a reasonable time after the offense.
  521  
  522  The value of individual items of the legend drugs or goods or
  523  services involved in distinct transactions committed during a
  524  single scheme or course of conduct, whether involving a single
  525  person or several persons, may be aggregated when determining
  526  the punishment for the offense.
  527         Section 11. Paragraph (pp) of subsection (1) of section
  528  458.331, Florida Statutes, is amended to read:
  529         458.331 Grounds for disciplinary action; action by the
  530  board and department.—
  531         (1) The following acts constitute grounds for denial of a
  532  license or disciplinary action, as specified in s. 456.072(2):
  533         (pp) Applicable to a licensee who serves as the designated
  534  physician of a pain-management clinic as defined in s. 458.3265
  535  or s. 459.0137:
  536         1. Registering a pain-management clinic through
  537  misrepresentation or fraud;
  538         2. Procuring, or attempting to procure, the registration of
  539  a pain-management clinic for any other person by making or
  540  causing to be made, any false representation;
  541         3. Failing to comply with any requirement of chapter 499,
  542  the Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the
  543  Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq.,
  544  the Drug Abuse Prevention and Control Act; or chapter 893, the
  545  Florida Comprehensive Drug Abuse Prevention and Control Act;
  546         4. Being convicted or found guilty of, regardless of
  547  adjudication to, a felony or any other crime involving moral
  548  turpitude, fraud, dishonesty, or deceit in any jurisdiction of
  549  the courts of this state, of any other state, or of the United
  550  States;
  551         5. Being convicted of, or disciplined by a regulatory
  552  agency of the Federal Government or a regulatory agency of
  553  another state for, any offense that would constitute a violation
  554  of this chapter;
  555         6. Being convicted of, or entering a plea of guilty or nolo
  556  contendere to, regardless of adjudication, a crime in any
  557  jurisdiction of the courts of this state, of any other state, or
  558  of the United States which relates to the practice of, or the
  559  ability to practice, a licensed health care profession;
  560         7. Being convicted of, or entering a plea of guilty or nolo
  561  contendere to, regardless of adjudication, a crime in any
  562  jurisdiction of the courts of this state, of any other state, or
  563  of the United States which relates to health care fraud;
  564         8. Dispensing any medicinal drug based upon a communication
  565  that purports to be a prescription as defined in s. 465.003 s.
  566  465.003(14) or s. 893.02 if the dispensing practitioner knows or
  567  has reason to believe that the purported prescription is not
  568  based upon a valid practitioner-patient relationship; or
  569         9. Failing to timely notify the board of the date of his or
  570  her termination from a pain-management clinic as required by s.
  571  458.3265(2).
  572         Section 12. Paragraph (rr) of subsection (1) of section
  573  459.015, Florida Statutes, is amended to read:
  574         459.015 Grounds for disciplinary action; action by the
  575  board and department.—
  576         (1) The following acts constitute grounds for denial of a
  577  license or disciplinary action, as specified in s. 456.072(2):
  578         (rr) Applicable to a licensee who serves as the designated
  579  physician of a pain-management clinic as defined in s. 458.3265
  580  or s. 459.0137:
  581         1. Registering a pain-management clinic through
  582  misrepresentation or fraud;
  583         2. Procuring, or attempting to procure, the registration of
  584  a pain-management clinic for any other person by making or
  585  causing to be made, any false representation;
  586         3. Failing to comply with any requirement of chapter 499,
  587  the Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the
  588  Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq.,
  589  the Drug Abuse Prevention and Control Act; or chapter 893, the
  590  Florida Comprehensive Drug Abuse Prevention and Control Act;
  591         4. Being convicted or found guilty of, regardless of
  592  adjudication to, a felony or any other crime involving moral
  593  turpitude, fraud, dishonesty, or deceit in any jurisdiction of
  594  the courts of this state, of any other state, or of the United
  595  States;
  596         5. Being convicted of, or disciplined by a regulatory
  597  agency of the Federal Government or a regulatory agency of
  598  another state for, any offense that would constitute a violation
  599  of this chapter;
  600         6. Being convicted of, or entering a plea of guilty or nolo
  601  contendere to, regardless of adjudication, a crime in any
  602  jurisdiction of the courts of this state, of any other state, or
  603  of the United States which relates to the practice of, or the
  604  ability to practice, a licensed health care profession;
  605         7. Being convicted of, or entering a plea of guilty or nolo
  606  contendere to, regardless of adjudication, a crime in any
  607  jurisdiction of the courts of this state, of any other state, or
  608  of the United States which relates to health care fraud;
  609         8. Dispensing any medicinal drug based upon a communication
  610  that purports to be a prescription as defined in s. 465.003 s.
  611  465.003(14) or s. 893.02 if the dispensing practitioner knows or
  612  has reason to believe that the purported prescription is not
  613  based upon a valid practitioner-patient relationship; or
  614         9. Failing to timely notify the board of the date of his or
  615  her termination from a pain-management clinic as required by s.
  616  459.0137(2).
  617         Section 13. Subsection (1) of section 465.014, Florida
  618  Statutes, is amended to read:
  619         465.014 Pharmacy technician.—
  620         (1) A person other than a licensed pharmacist or pharmacy
  621  intern may not engage in the practice of the profession of
  622  pharmacy, except that a licensed pharmacist may delegate to
  623  pharmacy technicians who are registered pursuant to this section
  624  those duties, tasks, and functions that do not fall within the
  625  purview of s. 465.003 s. 465.003(13). All such delegated acts
  626  shall be performed under the direct supervision of a licensed
  627  pharmacist who shall be responsible for all such acts performed
  628  by persons under his or her supervision. A pharmacy registered
  629  technician, under the supervision of a pharmacist, may initiate
  630  or receive communications with a practitioner or his or her
  631  agent, on behalf of a patient, regarding refill authorization
  632  requests. A licensed pharmacist may not supervise more than one
  633  registered pharmacy technician unless otherwise permitted by the
  634  guidelines adopted by the board. The board shall establish
  635  guidelines to be followed by licensees or permittees in
  636  determining the circumstances under which a licensed pharmacist
  637  may supervise more than one but not more than three pharmacy
  638  technicians.
  639         Section 14. Paragraph (c) of subsection (2) of section
  640  465.015, Florida Statutes, is amended to read:
  641         465.015 Violations and penalties.—
  642         (2) It is unlawful for any person:
  643         (c) To sell or dispense drugs as defined in s. 465.003 s.
  644  465.003(8) without first being furnished with a prescription.
  645         Section 15. Subsection (8) of section 465.0156, Florida
  646  Statutes, is amended to read:
  647         465.0156 Registration of nonresident pharmacies.—
  648         (8) Notwithstanding s. 465.003 s. 465.003(10), for purposes
  649  of this section, the registered pharmacy and the pharmacist
  650  designated by the registered pharmacy as the prescription
  651  department manager or the equivalent must be licensed in the
  652  state of location in order to dispense into this state.
  653         Section 16. Subsection (4) of section 465.0197, Florida
  654  Statutes, is amended to read:
  655         465.0197 Internet pharmacy permits.—
  656         (4) Notwithstanding s. 465.003 s. 465.003(10), for purposes
  657  of this section, the Internet pharmacy and the pharmacist
  658  designated by the Internet pharmacy as the prescription
  659  department manager or the equivalent must be licensed in the
  660  state of location in order to dispense into this state.
  661         Section 17. Section 465.1901, Florida Statutes, is amended
  662  to read:
  663         465.1901 Practice of orthotics and pedorthics.—The
  664  provisions of chapter 468 relating to orthotics or pedorthics do
  665  not apply to any licensed pharmacist or to any person acting
  666  under the supervision of a licensed pharmacist. The practice of
  667  orthotics or pedorthics by a pharmacist or any of the
  668  pharmacist’s employees acting under the supervision of a
  669  pharmacist shall be construed to be within the meaning of the
  670  term “practice of the profession of pharmacy” as set forth in s.
  671  465.003 s. 465.003(13), and shall be subject to regulation in
  672  the same manner as any other pharmacy practice. The Board of
  673  Pharmacy shall develop rules regarding the practice of orthotics
  674  and pedorthics by a pharmacist. Any pharmacist or person under
  675  the supervision of a pharmacist engaged in the practice of
  676  orthotics or pedorthics is not precluded from continuing that
  677  practice pending adoption of these rules.
  678         Section 18. Subsection (43) of section 499.003, Florida
  679  Statutes, is amended to read:
  680         499.003 Definitions of terms used in this part.—As used in
  681  this part, the term:
  682         (43) “Prescription drug” means a prescription, medicinal,
  683  or legend drug, including, but not limited to, finished dosage
  684  forms or active pharmaceutical ingredients subject to, defined
  685  by, or described by s. 503(b) of the Federal Food, Drug, and
  686  Cosmetic Act or s. 465.003 s. 465.003(8), s. 499.007(13), or
  687  subsection (11), subsection (46), or subsection (53), except
  688  that an active pharmaceutical ingredient is a prescription drug
  689  only if substantially all finished dosage forms in which it may
  690  be lawfully dispensed or administered in this state are also
  691  prescription drugs.
  692         Section 19. Subsection (22) of section 893.02, Florida
  693  Statutes, is amended to read:
  694         893.02 Definitions.—The following words and phrases as used
  695  in this chapter shall have the following meanings, unless the
  696  context otherwise requires:
  697         (22) “Prescription” means and includes an order for drugs
  698  or medicinal supplies written, signed, or transmitted by word of
  699  mouth, telephone, telegram, or other means of communication by a
  700  duly licensed practitioner licensed by the laws of the state to
  701  prescribe such drugs or medicinal supplies, issued in good faith
  702  and in the course of professional practice, intended to be
  703  filled, compounded, or dispensed by another person licensed by
  704  the laws of the state to do so, and meeting the requirements of
  705  s. 893.04. The term also includes an order for drugs or
  706  medicinal supplies so transmitted or written by a physician,
  707  dentist, veterinarian, or other practitioner licensed to
  708  practice in a state other than Florida, but only if the
  709  pharmacist called upon to fill such an order determines, in the
  710  exercise of his or her professional judgment, that the order was
  711  issued pursuant to a valid patient-physician relationship, that
  712  it is authentic, and that the drugs or medicinal supplies so
  713  ordered are considered necessary for the continuation of
  714  treatment of a chronic or recurrent illness. However, if the
  715  physician writing the prescription is not known to the
  716  pharmacist, the pharmacist shall obtain proof to a reasonable
  717  certainty of the validity of said prescription. A prescription
  718  order for a controlled substance shall not be issued on the same
  719  prescription blank with another prescription order for a
  720  controlled substance which is named or described in a different
  721  schedule, nor shall any prescription order for a controlled
  722  substance be issued on the same prescription blank as a
  723  prescription order for a medicinal drug, as defined in s.
  724  465.003 s. 465.003(8), which does not fall within the definition
  725  of a controlled substance as defined in this act.
  726         Section 20. This act shall take effect July 1, 2013.