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House Bill 2005

Florida House of Representatives - 1997 HB 2005 By Representative Fuller 1 A bill to be entitled 2 An act relating to drug abuse prevention and 3 control; creating s. 893.051, F.S.; providing 4 requirements for the prescription of a 5 controlled substance listed in Schedule II of 6 s. 893.03, F.S., to children; providing 7 definitions; requiring mental health 8 professionals and medical professionals to 9 obtain specified information prior to treating 10 a child with any Schedule II controlled 11 substance; requiring specified written parental 12 consent prior to treatment; specifying contents 13 of consent form; requiring that specified 14 information be provided to a child's parent or 15 guardian; requiring monthly evaluation of a 16 child treated by prescription with a Schedule 17 II controlled substance; requiring renewal of 18 approval to continue treatment; providing an 19 effective date. 20 21 WHEREAS, the Legislature finds that a substance abuse 22 impairment means a condition involving the use of any 23 psychoactive or mood-altering substance in such a manner as to 24 induce mental, emotional, or physical problems and cause 25 socially dysfunctional behavior, and 26 WHEREAS, such psychoactive or mood-altering substances 27 have been prescribed by mental health professionals and 28 medical professionals for the treatment of children without 29 the written permission of their parents or guardian and 30 without the parents or guardian being advised or informed of 31 the side effects of these substances, including any warnings, 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2005 527-133-97 1 precautions, potential adverse reactions, and specifications 2 regarding overdosing as clearly set forth in the Physician's 3 Desk Reference and numerous other publications, and 4 WHEREAS, all Schedule II controlled substances as 5 specified in s. 893.03, Florida Statutes, have a high 6 potential for abuse and should be severely restricted in this 7 state for use in the treatment of health problems among 8 children, and 9 WHEREAS, before any mental health professional or 10 medical professional prescribes any Schedule II controlled 11 substance for use by a child, the mental health professional 12 or medical professional should obtain written approval from 13 the child's regular pediatrician or family doctor, certifying 14 that the child is physically healthy and should experience no 15 adverse side effects from the administration of the Schedule 16 II controlled substance, and 17 WHEREAS, before any mental health professional or 18 medical professional prescribes any Schedule II controlled 19 substance for use by a child, the mental health professional 20 or medical professional should obtain the permission of the 21 parents or guardian or, if none is available, of the 22 court-appointed guardian ad litem in the county of the child's 23 residence, and 24 WHEREAS, mental health professionals and medical 25 professionals should maintain prescription and use records of 26 any Schedule II controlled substances, including identifying 27 numbers, drug dosage, and product information required to 28 evaluate the effects of treatment of a child with a Schedule 29 II controlled substance during each month that the treatment 30 continues, and once every two months thereafter for a period 31 of not less than six months, and 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2005 527-133-97 1 WHEREAS, because it is in the best interest of a child 2 to ensure that the child's physical health is maintained and 3 that the child is not experiencing any adverse side effects as 4 the result of treatment with a Schedule II controlled 5 substance, a child receiving treatment with a Schedule II 6 controlled substance should be reexamined by his family 7 pediatrician or family physician at least once every six 8 months during treatment, and written approval to continue such 9 treatment should be obtained prior to the continuation of any 10 treatment with a Schedule II controlled substance, and 11 WHEREAS, parents, guardians, and families should be 12 adequately informed of the special needs of their children 13 with regard to any drugs prescribed for treatment and should 14 participate actively in the professional management of their 15 children's therapy, NOW, THEREFORE, 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 893.051, Florida Statutes, is 20 created to read: 21 893.051 Requirements for the prescription of Schedule 22 II controlled substances to children.-- 23 (1) For purposes of this section, the following terms 24 shall have the following meanings: 25 (a) "Administration" means the obtaining and giving of 26 a single dose of a Schedule II controlled substance by a 27 medical professional or mental health professional to a child 28 for his consumption. 29 (b) "Child" means any person under the age of 18 30 years. 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2005 527-133-97 1 (c) "Medical professional" means any practitioner, as 2 defined in s. 893.02, who is authorized by the laws of the 3 state to provide a written or oral prescription for a 4 controlled substance listed in Schedule II of s. 893.03 for 5 the medical treatment of a child. 6 (d) "Mental health professional" means any 7 psychiatrist or physician as defined in s. 394.455, or any 8 licensed mental health practitioner, who is authorized by the 9 laws of the state to provide a written or oral prescription 10 for a controlled substance listed in Schedule II of s. 893.03 11 for the mental health treatment of a child. 12 (e) "Schedule II controlled substance" means any 13 controlled substance listed in Schedule II of s. 893.03. 14 (f) "Prescription" has the same meaning as provided in 15 s. 893.02(19). 16 (2) Each mental health professional or medical 17 professional, prior to treating a child by prescribing or 18 administering any controlled substance specified in Schedule 19 II of s. 893.03, shall obtain and have in his or her 20 possession: 21 (a) A copy of the results of a complete physical 22 examination of the child to whom a Schedule II controlled 23 substance is being prescribed, prepared by the child's regular 24 pediatrician or family physician, and dated within the last 30 25 days, demonstrating that the child is in good physical health. 26 (b) Written approval from the child's pediatrician or 27 family physician that the proposed treatment of the child by 28 the prescribing or administering of a specified Schedule II 29 controlled substance should not adversely affect the physical 30 health of the child. 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2005 527-133-97 1 (c) Written consent to the child's treatment with a 2 Schedule II controlled substance from the child's parents or 3 guardian, which shall include an acknowledgment by the parents 4 or guardian of the child that they have received, read, and 5 understand the consent form. The consent form shall be in 6 readable language and print on a form prescribed by the 7 Department of Business and Professional Regulation. 8 (3) Each mental health professional and medical 9 professional, prior to treating a child by prescribing or 10 administering any controlled substance specified in Schedule 11 II of s. 893.03, shall provide in writing to the parents or 12 guardian of the child, and to the child if the child is over 13 12 years of age, the following information: 14 (a) A copy of the product information for the Schedule 15 II controlled substance which the mental health professional 16 or medical professional proposes to prescribe or administer in 17 the treatment of the child, advising that such product 18 information be read thoroughly. Such product information shall 19 include any warnings regarding the use or misuse of the 20 controlled substance, precautions to be taken during use, 21 possible adverse reactions to the controlled substance, and 22 any overdosing information, as stated in the Physician's Desk 23 Reference. 24 (b) A form notifying the parents or guardian that 25 consent for treatment may be revoked by the parents or 26 guardian at any time by providing 1 hour's notice to the 27 mental health professional or medical professional treating 28 the child. 29 (c) The following identification data: 30 1. The child's name, sex, date of birth, grade in 31 school, current address, and county of residence. 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2005 527-133-97 1 2. The parent's or guardian's name, address, telephone 2 number, and county of residence. 3 3. A copy of the signed consent form and 4 acknowledgment that the parents or guardian have received, 5 read, and understand the consent form. 6 4. The mental health professional's or medical 7 professional's name, occupational license number, the name of 8 his or her practice, any applicable federal controlled 9 substance registry number, and the mental health 10 professional's or medical professional's home address, home 11 telephone number, and county of residence. 12 5. The dosage, strength, and quantity of the Schedule 13 II controlled substance which the mental health professional 14 or medical professional proposes to prescribe or administer in 15 the treatment of the child. 16 (4) Upon the issuance of a prescription for, or the 17 administration of, a Schedule II controlled substance by a 18 mental health professional or medical professional for the 19 treatment of a child, the mental health professional or 20 medical professional shall provide in writing to the parents 21 or guardian of the child, and to the child if the child is 22 over 12 years of age, the following information: 23 (a) The dosage, strength, and quantity of the Schedule 24 II controlled substance prescribed or administered. 25 (b) The date on which the prescription was issued and 26 the date of expiration of the prescription or, if no 27 prescription was issued, the date on which the Schedule II 28 controlled substance was administered. 29 (5) The effects of any treatment of a child with a 30 Schedule II controlled substance shall be evaluated within 30 31 days of the commencement of the prescription for the Schedule 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2005 527-133-97 1 II controlled substance by the mental health professional or 2 medical professional prescribing the Schedule II controlled 3 substance, or within 30 days of the administration of a 4 Schedule II controlled substance in instances of treatment 5 where a Schedule II controlled substance is administered but 6 no prescription is issued. Within 6 months after the 7 commencement of the treatment of a child by a medical 8 professional or mental health professional with a Schedule II 9 controlled substance, a new physical examination by the 10 child's pediatrician or family physician shall be completed, 11 and a new approval to continue treatment shall be obtained 12 prior to continuation of any treatment with a Schedule II 13 controlled substance. Accurate records shall be maintained as 14 required for Schedule II controlled substances in ss. 893.04 15 and 893.07. 16 (6) Medication records of children undergoing 17 treatment with a Schedule II controlled substance as provided 18 in this section shall be made available to school officials of 19 the child's school of attendance only with the consent of the 20 child's parents or guardian. 21 Section 2. This act shall take effect October 1, 1997. 22 23 24 25 26 27 28 29 30 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 2005 527-133-97 1 ***************************************** 2 HOUSE SUMMARY 3 Creates s. 893.051, F.S., to provide requirements for the 4 prescription of controlled substances listed in Schedule II of chapter 893, Florida Statutes, to children. 5 Requires mental health professionals and medical professionals, prior to treating a child with any 6 Schedule II controlled substance, to obtain: 1. The results of a recent, complete physical 7 examination from the child's family physician demonstrating good physical health. 8 2. Written approval from the child's pediatrician or family physician that the administration of the 9 Schedule II controlled substance should not adversely affect the physical health of the child. 10 3. Written consent of the child's parents or guardian. 11 Requires that the medical professional or mental health 12 professional prescribing a Schedule II controlled substance to a child shall provide in writing to the 13 parents or guardian, and to the child if the child is over 12 years of age: 14 1. A copy of the product information for the Schedule II controlled substance prescribed or 15 administered, including all warnings, precautions, advisement of possible adverse reactions, and overdosing 16 information. 2. A form indicating that consent for treatment may 17 be revoked by the parents or guardian at any time with 1 hour's notice to the mental health professional or 18 medical professional. 3. Specific identification data relative to the 19 prescribed Schedule II controlled substance, the prescriber, and the child being treated. 20 21 Requires monthly evaluation by the prescribing mental health professional or medical professional of any child 22 being treated by prescription of a Schedule II controlled substance. Requires a new physical examination by the 23 child's pediatrician or family physician and renewed parental and medical approval for the continuation of 24 treatment with any Schedule II controlled substance after 6 months have elapsed. 25 26 Provides that a child's medication record can only be made available to school officials with the parent's or 27 guardian's consent. 28 29 30 31 8