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House Bill 1047

Florida House of Representatives - 1997 HB 1047 By Representative Kelly 1 A bill to be entitled 2 An act relating to pharmacy; amending s. 3 465.003, F.S.; revising the definitions of 4 "pharmacy" and "practice of the profession of 5 pharmacy"; creating s. 465.0123, F.S.; 6 providing for pharmacist practitioner 7 licensure; providing for fees; providing for 8 rules; amending s. 465.0125, F.S.; providing 9 responsibilities of consultant pharmacists and 10 doctors of pharmacy; providing for rules; 11 amending s. 465.014, F.S.; revising tasks and 12 duties delegated to a pharmacy technician; 13 amending s. 465.0156, F.S.; revising 14 information required for registration of 15 nonresident pharmacies; amending s. 465.016, 16 F.S.; revising disciplinary actions; increasing 17 the administrative fine; providing penalties; 18 amending s. 465.0196, F.S., relating to special 19 pharmacy permits; correcting a cross reference; 20 amending s. 465.022, F.S.; requiring the Board 21 of Pharmacy to adopt rules relating to the 22 functions of a pharmacist in a community 23 pharmacy; amending s. 465.035, F.S.; allowing 24 the dispensing of controlled substances based 25 on electronic facsimiles of the original 26 prescriptions; amending s. 465.186, F.S.; 27 providing for inclusion of certain products and 28 over-the-counter proprietary drugs in the 29 formulary of authorized medicinal drug products 30 and dispensing procedures; amending s. 893.03, 31 F.S.; adding butorphanol tartrate and 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 carisoprodol as Schedule IV controlled 2 substances; reenacting ss. 316.193(5), 3 327.35(5), 440.102(11)(b), 458.326(3), 4 817.563(1), 831.31(1)(a) and (2), 5 856.015(1)(d), 893.02(4), 893.08(1)(b), 6 893.13(1)(a), (c), and (d), (2)(a), (4)(b), and 7 (5)(b), F.S., relating to driving under the 8 influence, boating under the influence, 9 drug-free workplace program requirements, 10 authorized treatment of intractable pain, sales 11 of substances in lieu of controlled substances, 12 counterfeit controlled substances, open house 13 parties, definitions applicable to regulation 14 of controlled substance, exceptions to required 15 prescription for distribution at retail, and 16 prohibited acts relating to controlled 17 substances, respectively, to incorporate the 18 amendment to s. 893.03, F.S., in references 19 thereto; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Subsections (10) and (12) of section 24 465.003, Florida Statutes, are amended to read: 25 465.003 Definitions.--As used in this chapter, the 26 term: 27 (10)(a) "Pharmacy" includes a community pharmacy, an 28 institutional pharmacy, a nuclear pharmacy, and a special 29 pharmacy. 30 1.(a) The term "community pharmacy" includes every 31 location where medicinal drugs are compounded, dispensed, 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 stored, or sold or where prescriptions are filled or dispensed 2 on an outpatient basis. 3 2.(b) The term "institutional pharmacy" includes every 4 location in a hospital, clinic, nursing home, dispensary, 5 sanitarium, extended care facility, or other facility, 6 hereinafter referred to as "health care institutions," where 7 medicinal drugs are compounded, dispensed, stored, or sold. 8 3.(c) The term "nuclear pharmacy" includes every 9 location where radioactive drugs and chemicals within the 10 classification of medicinal drugs are compounded, dispensed, 11 stored, or sold. The term "nuclear pharmacy" does not include 12 hospitals licensed under chapter 395 or the nuclear medicine 13 facilities of such hospitals. 14 4.(d) The term "special pharmacy" includes every 15 location where medicinal drugs are compounded, dispensed, 16 stored, or sold if such locations are not otherwise defined in 17 this subsection. 18 (b) The pharmacy department of any permittee shall be 19 considered closed whenever a Florida licensed pharmacist is 20 not present and on duty. The term "not present and on duty" 21 shall not be construed to prevent a pharmacist from exiting 22 the prescription department for the purposes of consulting or 23 responding to inquiries or providing assistance to patients or 24 customers, attending to personal hygiene needs, or performing 25 any other function for which the pharmacist is responsible, 26 provided that such activities are conducted in a manner 27 consistent with the pharmacist's responsibility to provide 28 pharmacy services. 29 (12) "Practice of the profession of pharmacy" includes 30 compounding, dispensing, administration, and consulting 31 concerning contents, therapeutic values, and uses of any 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 medicinal drug and consulting concerning therapeutic values 2 and interactions of patent or proprietary preparations, 3 whether pursuant to prescriptions or in the absence and 4 entirely independent of such prescriptions or orders, and 5 other related cognitive services. The phrase also includes 6 any other act, service, operation, or transaction incidental 7 to, or forming a part of, any of the foregoing acts, 8 requiring, involving, or employing the science or art of any 9 branch of the pharmaceutical profession, study, or training, 10 and shall expressly permit a pharmacist to transmit 11 information from persons authorized to prescribe medicinal 12 drugs to their patients. In addition, the phrase also 13 includes the compounding of drugs and devices for the purpose 14 of sale or transfer to practitioners authorized pursuant to 15 chapter 458, chapter 459, chapter 461, chapter 466, or chapter 16 474 to prescribe and administer medicinal drugs for the 17 purpose of administering such drugs to their patients. 18 However, this activity may not involve more than 5 percent of 19 the total annual dollar value of all medicinal drugs sold by 20 the compounding pharmacy in the year during which the sale or 21 transfer occurs. 22 Section 2. Section 465.0123, Florida Statutes, is 23 created to read: 24 465.0123 Pharmacist practitioner.--The department 25 shall issue or renew a pharmacist practitioner license upon 26 receipt of an initial or renewal application which conforms to 27 the requirements for such initial licensure or renewal as 28 promulgated by the board by rule and a fee established by the 29 board not to exceed $250. A pharmacist practitioner must have 30 completed required advanced instruction in disease modules, 31 for the purpose of providing primary care professional 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 referral and consulting services. The pharmacist practitioner 2 may also be responsible for ordering and evaluating laboratory 3 and clinical testing for the specific disease states for which 4 he or she has received advanced instruction. The board shall 5 adopt rules to implement, administer, and otherwise carry out 6 the provisions of this section. 7 Section 3. Section 465.0125, Florida Statutes, is 8 amended to read: 9 465.0125 Consultant pharmacist license; application, 10 renewal, fees; responsibilities; rules.-- 11 (1) The department shall issue or renew a consultant 12 pharmacist license upon receipt of an initial or renewal 13 application which conforms to the requirements for consultant 14 pharmacist initial licensure or renewal as promulgated by the 15 board by rule and a fee set by the board not to exceed $250. 16 The consultant pharmacist shall be responsible for maintaining 17 all drug records required by law and for establishing drug 18 handling procedures for the safe handling and storage of 19 drugs. The consultant pharmacist may also be responsible for 20 ordering and evaluating any laboratory or clinical testing 21 when, in the judgment of the consultant pharmacist, such 22 activity is necessary for the proper performance of the 23 consultant pharmacist's responsibilities. Such laboratory or 24 clinical testing may be ordered only with regard to patients 25 residing in a nursing home facility, and then only when 26 authorized by the medical director of the nursing home 27 facility. The consultant pharmacist must have completed such 28 additional training and demonstrate such additional 29 qualifications in the practice of institutional pharmacy as 30 shall be required by the board of Pharmacy in addition to 31 licensure as a registered pharmacist. The board shall 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 promulgate rules necessary to implement and administer this 2 section. 3 (2) Notwithstanding the provisions of subsection (1), 4 a consultant pharmacist or a doctor of pharmacy licensed in 5 this state may also be responsible for ordering and evaluating 6 any laboratory or clinical testing for persons under the care 7 of a licensed home health agency when, in the judgment of the 8 consultant pharmacist or doctor of pharmacy, such activity is 9 necessary for the proper performance of his or her 10 responsibilities and only when authorized by the person's 11 physician. In order for the consultant pharmacist or doctor 12 of pharmacy to qualify and accept this authority, he or she 13 must receive 3 hours of continuing education relating to 14 laboratory and clinical testing as established by the board. 15 (3) The board shall promulgate rules necessary to 16 implement and administer this section. 17 Section 4. Section 465.014, Florida Statutes, is 18 amended to read: 19 465.014 Pharmacy technician.--No person other than a 20 licensed pharmacist or pharmacy intern may engage in the 21 practice of the profession of pharmacy, except that a licensed 22 pharmacist may delegate to nonlicensed pharmacy technicians 23 those duties, tasks, and functions which do not fall within 24 the purview of s. 465.003(12). All such delegated acts shall 25 be performed under the direct supervision of a licensed 26 pharmacist who shall be responsible for all such acts 27 performed by persons under his or her supervision. A pharmacy 28 technician, under the supervision of a pharmacist, may 29 initiate or receive communications with a practitioner or his 30 or her agent, on behalf of a patient, regarding refill 31 authorization requests and related information. No licensed 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 pharmacist shall supervise more than one pharmacy technician 2 unless otherwise permitted by the guidelines adopted by the 3 board. The board shall establish guidelines to be followed by 4 licensees or permittees in determining the circumstances under 5 which a licensed pharmacist may supervise more than one but 6 not more than two pharmacy technicians. 7 Section 5. Subsection (1) of section 465.0156, Florida 8 Statutes, is amended to read: 9 465.0156 Registration of nonresident pharmacies.-- 10 (1) Any pharmacy which is located outside this state 11 and which ships, mails, or delivers, in any manner, a 12 dispensed medicinal drug into this state shall be considered a 13 nonresident pharmacy, shall be registered with the board, 14 shall provide pharmacy services at a high level of protection 15 and competence, and shall disclose to the board the following 16 specific information: 17 (a) That it maintains at all times a valid, unexpired 18 license, permit, or registration to operate the pharmacy in 19 compliance with the laws of the state in which the dispensing 20 facility is located and from which the medicinal drugs shall 21 be dispensed; 22 (b) The location, names, and titles of all principal 23 corporate officers and the pharmacist who serves as the 24 prescription department manager for all pharmacists who are 25 dispensing medicinal drugs to residents of this state. This 26 disclosure shall be made on a biennial an annual basis with 27 renewal of registration and within 10 30 days after any change 28 of office location, corporate officer, or pharmacist serving 29 as the prescription department manager for dispensing 30 medicinal drugs to residents of this state; 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 (c) That it complies with all lawful directions and 2 requests for information from the regulatory or licensing 3 agency of all states in which it is licensed as well as with 4 all requests for information made by the board pursuant to 5 this section. It shall respond directly to all communications 6 from the board concerning emergency circumstances arising from 7 errors in the dispensing of medicinal drugs to the residents 8 of this state; 9 (d) That it maintains its records of medicinal drugs 10 dispensed to patients in this state so that the records are 11 readily retrievable from the other business records of the 12 pharmacy and from the records of other medicinal drugs 13 dispensed; and 14 (e) That during its regular hours of operation but not 15 less than 6 days per week, for a minimum of 40 hours per week, 16 a toll-free telephone service shall be provided to facilitate 17 communication between patients in this state and a pharmacist 18 at the pharmacy who has access to the patient's records. This 19 toll-free number must be disclosed on the label affixed to 20 each container of dispensed medicinal drugs. 21 Section 6. Paragraph (o) of subsection (1) and 22 paragraphs (c) and (e) of subsection (2) of section 465.016, 23 Florida Statutes, are amended to read: 24 465.016 Disciplinary actions.-- 25 (1) The following acts shall be grounds for 26 disciplinary action set forth in this section: 27 (o) Failing to report to the department Division of 28 Medical Quality Assurance any licensee physician licensed 29 under chapter 458 or osteopathic physician licensed under 30 chapter 459 who the pharmacist knows has violated the grounds 31 for disciplinary action set out in the law under which that 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 person physician or osteopathic physician is licensed and who 2 provides health care services in a facility licensed under 3 chapter 395, or a health maintenance organization certificated 4 under part I of chapter 641, in which the pharmacist also 5 provides services. 6 (2) When the board finds any person guilty of any of 7 the grounds set forth in subsection (1), it may enter an order 8 imposing one or more of the following penalties: 9 (c) Imposition of an administrative fine not to exceed 10 $5,000 $1,000 for each count or separate offense. 11 (e) Placement of the pharmacist on probation for a 12 period of time and subject to such conditions as the board may 13 specify, including, but not limited to, requiring the 14 pharmacist to submit to treatment, to attend continuing 15 education courses, to submit to reexamination, or to work 16 under the supervision of another pharmacist. 17 Section 7. Section 465.0196, Florida Statutes, is 18 amended to read: 19 465.0196 Special pharmacy permits.--Any person 20 desiring a permit to operate a pharmacy which does not fall 21 within the definitions set forth in s. 465.003(10)(a)1., 22 2.(b), and 3.(c) shall apply to the department for a special 23 pharmacy permit. If the board certifies that the application 24 complies with the applicable laws and rules of the board 25 governing the practice of the profession of pharmacy, the 26 department shall issue the permit. No permit shall be issued 27 unless a licensed pharmacist is designated to undertake the 28 professional supervision of the compounding and dispensing of 29 all drugs dispensed by the pharmacy. The licensed pharmacist 30 shall be responsible for maintaining all drug records and for 31 providing for the security of the area in the facility in 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 which the compounding, storing, and dispensing of medicinal 2 drugs occurs. The permittee shall notify the department 3 within 10 days of any change of the licensed pharmacist 4 responsible for such duties. 5 Section 8. Paragraph (i) is added to subsection (1) of 6 section 465.022, Florida Statutes, to read: 7 465.022 Pharmacies; general requirements; fees.-- 8 (1) The board shall adopt such rules relating to 9 pharmacies as are necessary to protect the public health, 10 safety, and welfare. Such rules shall include, but shall not 11 be limited to, rules relating to: 12 (i) Functions of a pharmacist in a community pharmacy, 13 consistent with the size and scope of the pharmacy, including 14 minimum staffing levels of pharmacists based upon anticipated 15 pharmacist's workload. 16 Section 9. Section 465.035, Florida Statutes, is 17 amended to read: 18 465.035 Dispensing of medicinal medical drugs pursuant 19 to facsimile of prescription.-- 20 (1) Notwithstanding any other provision of this 21 chapter, it is lawful for a pharmacy to dispense medicinal 22 drugs, including controlled substances as provided in this 23 section, based on reception of an electronic facsimile of the 24 original prescription if all of the following conditions are 25 met: 26 (a) In the course of the transaction the pharmacy 27 complies with laws and administrative rules relating to 28 pharmacies and pharmacists. 29 (b) Except in the case of the transmission of a 30 prescription by a person authorized by law to prescribe 31 medicinal drugs: 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 1. The facsimile system making the transmission 2 provides the pharmacy receiving the transmission with audio 3 communication via telephonic, electronic, or similar means 4 with the person presenting the prescription. 5 2. At the time of the delivery of the medicinal drugs, 6 the pharmacy has in its possession the original prescription 7 for the medicinal drug involved. 8 3. The recipient of the prescription shall sign a log 9 and shall indicate the name and address of both the recipient 10 and the patient for whom the medicinal drug was prescribed. 11 (2) This section does not apply to the dispensing of 12 Controlled substances listed in Schedule II as defined in s. 13 893.03(2) may be dispensed as provided in 21 C.F.R. s. 14 1306.11. 15 Section 10. Subsection (1) of section 465.186, Florida 16 Statutes, is amended to read: 17 465.186 Pharmacist's order for medicinal drugs; 18 dispensing procedure; development of formulary.-- 19 (1) There is hereby created a committee composed of 20 two members of the Board of Medicine licensed under chapter 21 458 chosen by said board, one member of the Board of 22 Osteopathic Medicine licensed under chapter 459 chosen by said 23 board, three members of the Board of Pharmacy licensed under 24 this chapter and chosen by said board, and one additional 25 person with a background in health care or pharmacology chosen 26 by the committee. The committee shall establish a formulary 27 of medicinal drug products and dispensing procedures which 28 shall be used by a pharmacist when ordering and dispensing 29 such drug products to the public. Dispensing procedures may 30 include matters related to reception of patient, description 31 of his condition, patient interview, patient physician 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 referral, product selection, and dispensing and use 2 limitations. In developing the formulary of medicinal drug 3 products, the committee may include products falling within 4 the following categories: 5 (a) Any medicinal drug of single or multiple active 6 ingredients in any strengths when such active ingredients have 7 been approved individually or in combination for 8 over-the-counter sale by the United States Food and Drug 9 Administration. 10 (b) Any medicinal drug recommended by the United 11 States Food and Drug Administration Advisory Panel for 12 transfer to over-the-counter status pending approval by the 13 United States Food and Drug Administration. 14 (c) Any medicinal drug containing any antihistamine or 15 decongestant as a single active ingredient or in combination. 16 (d) Any medicinal drug containing fluoride in any 17 strength. 18 (e) Any medicinal drug containing lindane in any 19 strength. 20 (f) Any over-the-counter proprietary drug under 21 federal law that has been approved for reimbursement by the 22 Florida Medicaid Program. 23 (g) Any topical anti-infectives. 24 (h) Any anti-emetics. 25 (i) Any antibiotic eye drops or antibiotic ear drops. 26 (j) Any urinary tract anti-infectives. 27 28 Except as provided in paragraph (f) However, any drug which is 29 sold as an over-the-counter proprietary drug under federal law 30 shall not be included in the formulary or otherwise affected 31 by this section. 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 Section 11. Paragraphs (iii) and (jjj) are added to 2 subsection (4) of section 893.03, Florida Statutes, 1996 3 Supplement, to read: 4 893.03 Standards and schedules.--The substances 5 enumerated in this section are controlled by this chapter. 6 The controlled substances listed or to be listed in Schedules 7 I, II, III, IV, and V are included by whatever official, 8 common, usual, chemical, or trade name designated. The 9 provisions of this section shall not be construed to include 10 within any of the schedules contained in this section any 11 excluded drugs listed within the purview of 21 C.F.R. s. 12 1308.22, styled "Excluded Substances"; 21 C.F.R. s. 1308.24, 13 styled "Exempt Chemical Preparations"; 21 C.F.R. s. 1308.32, 14 styled "Exempted Prescription Products"; or 21 C.F.R. s. 15 1308.34, styled "Exempt Anabolic Steroid Products." 16 (4) SCHEDULE IV.--A substance in Schedule IV has a low 17 potential for abuse relative to the substances in Schedule III 18 and has a currently accepted medical use in treatment in the 19 United States, and abuse of the substance may lead to limited 20 physical or psychological dependence relative to the 21 substances in Schedule III. Unless specifically excepted or 22 unless listed in another schedule, any material, compound, 23 mixture, or preparation which contains any quantity of the 24 following substances, including its salts, isomers, and salts 25 of isomers whenever the existence of such salts, isomers, and 26 salts of isomers is possible within the specific chemical 27 designation, are controlled in Schedule IV: 28 (iii) Butorphanol tartrate. 29 (jjj) Carisoprodol. 30 Section 12. For the purpose of incorporating the 31 amendment to section 893.03, Florida Statutes, 1996 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 Supplement, in references thereto, the sections or 2 subdivisions of Florida Statutes set forth below are reenacted 3 to read: 4 316.193 Driving under the influence; penalties.-- 5 (5) The court shall place any offender convicted of 6 violating this section on monthly reporting probation and 7 shall require attendance at a substance abuse course licensed 8 by the department; and the agency conducting the course may 9 refer the offender to an authorized service provider for 10 substance abuse evaluation and treatment, in addition to any 11 sentence or fine imposed under this section. The offender 12 shall assume reasonable costs for such education, evaluation, 13 and treatment, with completion of all such education, 14 evaluation, and treatment being a condition of reporting 15 probation. Treatment resulting from a psychosocial evaluation 16 may not be waived without a supporting psychosocial evaluation 17 conducted by an agency appointed by the court and with access 18 to the original evaluation. The offender shall bear the cost 19 of this procedure. The term "substance abuse" means the abuse 20 of alcohol or any substance named or described in Schedules I 21 through V of s. 893.03. If an offender referred to treatment 22 under this subsection fails to report for or complete such 23 treatment or fails to complete the substance abuse education 24 course, the DUI program shall notify the court and the 25 department of the failure. Upon receipt of the notice, the 26 department shall cancel the offender's driving privilege. The 27 department shall reinstate the driving privilege when the 28 offender completes the substance abuse education course or 29 enters treatment required under this subsection. The 30 organization that conducts the substance abuse education and 31 evaluation may not provide required substance abuse treatment 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 unless a waiver has been granted to that organization by the 2 department. A waiver may be granted only if the department 3 determines, in accordance with its rules, that the service 4 provider that conducts the substance abuse education and 5 evaluation is the most appropriate service provider and is 6 licensed under chapter 397 or is exempt from such licensure. 7 All DUI treatment programs providing treatment services on 8 January 1, 1994, shall be allowed to continue to provide such 9 services until the department determines whether a waiver 10 should be granted. A statistical referral report shall be 11 submitted quarterly to the department by each organization 12 authorized to provide services under this section. 13 327.35 Boating under the influence; penalties.-- 14 (5) In addition to any sentence or fine, the court 15 shall place any offender convicted of violating this section 16 on monthly reporting probation and shall require attendance at 17 a substance abuse course specified by the court; and the 18 agency conducting the course may refer the offender to an 19 authorized service provider for substance abuse evaluation and 20 treatment, in addition to any sentence or fine imposed under 21 this section. The offender shall assume reasonable costs for 22 such education, evaluation, and treatment, with completion of 23 all such education, evaluation, and treatment being a 24 condition of reporting probation. Treatment resulting from a 25 psychosocial evaluation may not be waived without a supporting 26 psychosocial evaluation conducted by an agency appointed by 27 the court and with access to the original evaluation. The 28 offender shall bear the cost of this procedure. The term 29 "substance abuse" means the abuse of alcohol or any substance 30 named or described in Schedules I through V of s. 893.03. 31 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 440.102 Drug-free workplace program requirements.--The 2 following provisions apply to a drug-free workplace program 3 implemented pursuant to law or to rules adopted by the Agency 4 for Health Care Administration: 5 (11) PUBLIC EMPLOYEES IN SAFETY-SENSITIVE OR 6 SPECIAL-RISK POSITIONS.-- 7 (b) An employee who is employed by a public employer 8 in a special-risk position may be discharged or disciplined by 9 a public employer for the first positive confirmed test result 10 if the drug confirmed is an illicit drug under s. 893.03. A 11 special-risk employee who is participating in an employee 12 assistance program or drug rehabilitation program may not be 13 allowed to continue to work in any special-risk or 14 safety-sensitive position of the public employer, but may be 15 assigned to a position other than a safety-sensitive position 16 or placed on leave while the employee is participating in the 17 program. However, the employee shall be permitted to use any 18 accumulated annual leave credits before leave may be ordered 19 without pay. 20 458.326 Intractable pain; authorized treatment.-- 21 (3) Notwithstanding any other provision of law, a 22 physician may prescribe or administer any controlled substance 23 under Schedules II-V, as provided for in s. 893.03, to a 24 person for the treatment of intractable pain, provided the 25 physician does so in accordance with that level of care, 26 skill, and treatment recognized by a reasonably prudent 27 physician under similar conditions and circumstances. 28 817.563 Controlled substance named or described in s. 29 893.03; sale of substance in lieu thereof.--It is unlawful for 30 any person to agree, consent, or in any manner offer to 31 unlawfully sell to any person a controlled substance named or 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 described in s. 893.03 and then sell to such person any other 2 substance in lieu of such controlled substance. Any person who 3 violates this section with respect to: 4 (1) A controlled substance named or described in s. 5 893.03(1), (2), (3), or (4) is guilty of a felony of the third 6 degree, punishable as provided in s. 775.082, s. 775.083, or 7 s. 775.084. 8 831.31 Counterfeit controlled substance; sale, 9 manufacture, delivery, or possession with intent to sell, 10 manufacture, or deliver.-- 11 (1) It is unlawful for any person to sell, 12 manufacture, or deliver, or to possess with intent to sell, 13 manufacture, or deliver, a counterfeit controlled substance. 14 Any person who violates this subsection with respect to: 15 (a) A controlled substance named or described in s. 16 893.03(1), (2), (3), or (4) is guilty of a felony of the third 17 degree, punishable as provided in s. 775.082, s. 775.083, or 18 s. 775.084. 19 (2) For purposes of this section, "counterfeit 20 controlled substance" means: 21 (a) A controlled substance named or described in s. 22 893.03 which, or the container or labeling of which, without 23 authorization bears the trademark, trade name, or other 24 identifying mark, imprint, or number, or any likeness thereof, 25 of a manufacturer other than the person who in fact 26 manufactured the controlled substance; or 27 (b) Any substance which is falsely identified as a 28 controlled substance named or described in s. 893.03. 29 856.015 Open house parties.-- 30 (1) Definitions.--As used in this section: 31 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 (d) "Drug" means a controlled substance, as that term 2 is defined in ss. 893.02(4) and 893.03. 3 893.02 Definitions.--The following words and phrases 4 as used in this chapter shall have the following meanings, 5 unless the context otherwise requires: 6 (4) "Controlled substance" means any substance named 7 or described in Schedules I through V of s. 893.03. Laws 8 controlling the manufacture, distribution, preparation, 9 dispensing, or administration of such substances are drug 10 abuse laws. 11 893.08 Exceptions.-- 12 (1) The following may be distributed at retail without 13 a prescription, but only by a registered pharmacist: 14 (b) Any compound, mixture, or preparation containing 15 any depressant or stimulant substance described in s. 16 893.03(2)(a) or (c) except any amphetamine drug or 17 sympathomimetic amine drug or compound designated as a 18 Schedule II controlled substance pursuant to this chapter; in 19 s. 893.03(3)(a); or in Schedule IV, if: 20 1. The compound, mixture, or preparation contains one 21 or more active medicinal ingredients not having depressant or 22 stimulant effect on the central nervous system, and 23 2. Such ingredients are included therein in such 24 combinations, quantity, proportion, or concentration as to 25 vitiate the potential for abuse of the controlled substances 26 which do have a depressant or stimulant effect on the central 27 nervous system. 28 893.13 Prohibited acts; penalties.-- 29 (1)(a) Except as authorized by this chapter and 30 chapter 499, it is unlawful for any person to sell, 31 manufacture, or deliver, or possess with intent to sell, 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 manufacture, or deliver, a controlled substance. Any person 2 who violates this provision with respect to: 3 1. A controlled substance named or described in s. 4 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a 5 felony of the second degree, punishable as provided in s. 6 775.082, s. 775.083, or s. 775.084. 7 2. A controlled substance named or described in s. 8 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the 9 third degree, punishable as provided in s. 775.082, s. 10 775.083, or s. 775.084. 11 3. A controlled substance named or described in s. 12 893.03(5) commits a misdemeanor of the first degree, 13 punishable as provided in s. 775.082 or s. 775.083. 14 (c) Except as authorized by this chapter, it is 15 unlawful for any person to sell, manufacture, or deliver, or 16 possess with intent to sell, manufacture, or deliver a 17 controlled substance in, on, or within 1,000 feet of the real 18 property comprising a public or private elementary, middle, or 19 secondary school between the hours of 6 a.m. and 12 a.m. Any 20 person who violates this paragraph with respect to: 21 1. A controlled substance named or described in s. 22 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a 23 felony of the first degree, punishable as provided in s. 24 775.082, s. 775.083, or s. 775.084 and must be sentenced to a 25 minimum term of imprisonment of 3 calendar years. 26 2. A controlled substance named or described in s. 27 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the 28 second degree, punishable as provided in s. 775.082, s. 29 775.083, or s. 775.084. 30 3. Any other controlled substance, except as lawfully 31 sold, manufactured, or delivered, must be sentenced to pay a 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 $500 fine and to serve 100 hours of public service in addition 2 to any other penalty prescribed by law. 3 (d) Except as authorized by this chapter, it is 4 unlawful for any person to sell, manufacture, or deliver, or 5 possess with intent to sell, manufacture, or deliver, a 6 controlled substance in, on, or within 200 feet of the real 7 property comprising a public housing facility, within 200 feet 8 of the real property comprising a public or private college, 9 university, or other postsecondary educational institution, or 10 within 200 feet of any public park. Any person who violates 11 this paragraph with respect to: 12 1. A controlled substance named or described in s. 13 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a 14 felony of the first degree, punishable as provided in s. 15 775.082, s. 775.083, or s. 775.084. 16 2. A controlled substance named or described in s. 17 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the 18 second degree, punishable as provided in s. 775.082, s. 19 775.083, or s. 775.084. 20 3. Any other controlled substance, except as lawfully 21 sold, manufactured, or delivered, must be sentenced to pay a 22 $500 fine and to serve 100 hours of public service in addition 23 to any other penalty prescribed by law. 24 (2)(a) Except as authorized by this chapter and 25 chapter 499, it is unlawful for any person to purchase, or 26 possess with intent to purchase, a controlled substance. Any 27 person who violates this provision with respect to: 28 1. A controlled substance named or described in s. 29 893.03(1)(a), (1)(b), (1)(d), (2)(a), or (2)(b) commits a 30 felony of the second degree, punishable as provided in s. 31 775.082, s. 775.083, or s. 775.084. 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 2. A controlled substance named or described in s. 2 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the 3 third degree, punishable as provided in s. 775.082, s. 4 775.083, or s. 775.084. 5 3. A controlled substance named or described in s. 6 893.03(5) commits a misdemeanor of the first degree, 7 punishable as provided in s. 775.082 or s. 775.083. 8 (4) Except as authorized by this chapter, it is 9 unlawful for any person 18 years of age or older to deliver 10 any controlled substance to a person under the age of 18 11 years, or to use or hire a person under the age of 18 years as 12 an agent or employee in the sale or delivery of such a 13 substance, or to use such person to assist in avoiding 14 detection or apprehension for a violation of this chapter. 15 Any person who violates this provision with respect to: 16 (b) A controlled substance named or described in s. 17 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the 18 second degree, punishable as provided in s. 775.082, s. 19 775.083, or s. 775.084. 20 21 Imposition of sentence may not be suspended or deferred, nor 22 shall the person so convicted be placed on probation. 23 (5) It is unlawful for any person to bring into this 24 state any controlled substance unless the possession of such 25 controlled substance is authorized by this chapter or unless 26 such person is licensed to do so by the appropriate federal 27 agency. Any person who violates this provision with respect 28 to: 29 (b) A controlled substance named or described in s. 30 893.03(1)(c), (2)(c), (3), or (4) commits a felony of the 31 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1047 90-381-97 1 third degree, punishable as provided in s. 775.082, s. 2 775.083, or s. 775.084. 3 Section 13. This act shall take effect July 1, 1997. 4 5 ***************************************** 6 HOUSE SUMMARY 7 Revises the definitions of "pharmacy" and "practice of 8 the profession of pharmacy," to clarify when a pharmacy is considered closed and to authorize pharmacists to 9 compound medicinal drugs under certain circumstances. Provides for licensure as a pharmacist practitioner. 10 Provides responsibilities of consultant pharmacists and doctors of pharmacy. Revises tasks and duties delegated 11 to a pharmacy technician. Revises information required for registration of nonresident pharmacies. Revises a 12 ground for disciplinary action relating to reporting licensees in violation. Increases the administrative 13 fine. Allows the dispensing of controlled substances based on electronic facsimiles of the original 14 prescriptions. Provides for inclusion of certain over-the-counter proprietary drugs and any topical 15 anti-infectives, anti-emetics, antibiotic eye drops, antibiotic ear drops, and urinary tract anti-infectives 16 in the formulary of authorized medicinal drug products and dispensing procedures. Includes butorphanol tartrate 17 and carisoprodol as Schedule IV controlled substances. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 22