Florida Senate - 2018 SB 1372 By Senator Taddeo 40-01151-18 20181372__ 1 A bill to be entitled 2 An act relating to drug safety; amending s. 893.04, 3 F.S.; prohibiting a pharmacist or practitioner from 4 dispensing specified opioids unless the prescription 5 bottle or container has applied to it a warning 6 sticker approved by the Department of Health which 7 meets certain requirements; amending s. 893.055, F.S.; 8 requiring pharmacies to offer for sale prescription 9 lock boxes; requiring pharmacies to display a 10 specified sign; defining the term “prescription lock 11 box”; authorizing the department to develop and 12 distribute a pamphlet containing certain information; 13 requiring the distribution of the pamphlet by 14 pharmacists under certain circumstances; prohibiting a 15 pharmacy from charging consumers a fee for the 16 pamphlet; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Present subsection (4) of section 893.04, 21 Florida Statutes, is renumbered as subsection (5), and a new 22 subsection (4) is added to that section, to read: 23 893.04 Pharmacist and practitioner.— 24 (4) A pharmacist or practitioner may not dispense a newly 25 prescribed prescription opioid listed in Schedule II, including 26 one that is compounded by a pharmacist under a prescription or 27 by a practitioner, unless the prescription bottle or container 28 in which the controlled substance is delivered to the user has 29 applied to it a warning sticker approved by the department which 30 warns users concerning the addictive nature of opioids and the 31 risks of overdoses. Such a label may also refer users to 32 additional resources about opioid addiction. The label must be 33 red with text large enough to be legible and placed on the cap 34 of the bottle in which the opioid is dispensed. If a bottle is 35 not used to dispense the opioid, the label must be on a 36 noticeable area of the container in which the opioid is 37 dispensed. 38 Section 2. Present subsections (15) through (18) of section 39 893.055, Florida Statutes, are renumbered as subsections (17) 40 through (20), respectively, and new subsections (15) and (16) 41 are added to that section, to read: 42 893.055 Prescription drug monitoring program.— 43 (15) Pharmacies shall offer for sale prescription lock 44 boxes at each store location. Pharmacies shall make customers 45 aware of the availability of the prescription lock boxes by 46 displaying a sign on or near the pharmacy counter which measures 47 at least 4 inches by 5 inches and includes the statement, in a 48 legibly printed font, “Prescription Lock Boxes for Securing Your 49 Prescription Medications Are Available at This Pharmacy.” As 50 used in this subsection, the term “prescription lock box” means 51 a box or a bag with a locking mechanism that cannot be tampered 52 with or opened without the application of extreme force. 53 (16)(a) The department may develop a written pamphlet 54 relating to controlled substances which includes educational 55 information about the following: 56 1. Precautions regarding the use of pain management 57 prescriptions. 58 2. The potential for misuse and abuse of controlled 59 substances by adults and children. 60 3. The risk of controlled substance dependency and 61 addiction. 62 4. The proper storage and disposal of controlled 63 substances. 64 5. Controlled substance addiction support and treatment 65 resources. 66 6. Telephone helplines and website links that provide 67 counseling and emergency assistance for individuals dealing with 68 substance abuse. 69 (b) If the department develops a written pamphlet relating 70 to controlled substances, the department must distribute copies 71 of the pamphlet to pharmacies throughout the state and must make 72 the contents of the pamphlet available in electronic form on its 73 website. If copies of the pamphlet are provided by the 74 department, a pharmacist must distribute the pamphlet to a 75 consumer when dispensing a prescription or a controlled 76 substance and offer them to consumers in a display. Pharmacies 77 may not charge consumers a fee for the pamphlet. 78 Section 3. This act shall take effect January 1, 2019.