HOUSE AMENDMENT

    dhs-21                                      Bill No. CS/HB 287

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Johnson offered the following:

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13         Amendment to Amendment (950117) (with title amendment) 

14         On page 5, line 30, through page 6, line 5,

15  remove from the amendment:  all of said lines

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17  and insert in lieu thereof:

18         Section 7.  Paragraph (c) of subsection (2) of section

19  465.015, Florida Statutes, is amended, present subsection (4)

20  of said section is renumbered as subsection (5) and amended,

21  and a new subsection (4) is added to said section, to read:

22         465.015  Violations and penalties.--

23         (2)  It is unlawful for any person:

24         (c)  To sell or dispense drugs as defined in s.

25  465.003(8)(7) without first being furnished with a

26  prescription.

27         (4)  It is unlawful for records maintained by a

28  pharmacy relating to the filling of prescriptions and the

29  dispensing of medicinal drugs, if transmitted through a data

30  communication device not under the control or ownership of a

31  pharmacy or affiliated company or not directly between a

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    File original & 9 copies    04/14/99
    hbd0011                     05:10 pm         00287-0041-901157




                                                   HOUSE AMENDMENT

    dhs-21                                      Bill No. CS/HB 287

    Amendment No.     (for drafter's use only)





 1  pharmacy and a treating practitioner, to be accessed, used, or

 2  maintained by the operator or owner of the data communication

 3  device unless specifically authorized by s. 465.017.

 4         (5)(4)  Any person who violates any provision of

 5  subsection (1), or subsection (3), or subsection (4) is guilty

 6  of a misdemeanor of the first degree, punishable as provided

 7  in s. 775.082 or s. 775.083. Any person who violates any

 8  provision of subsection (2) is guilty of a felony of the third

 9  degree, punishable as provided in s. 775.082, s. 775.083, or

10  s. 775.084. In any warrant, information, or indictment, it

11  shall not be necessary to negative any exceptions, and the

12  burden of any exception shall be upon the defendant.

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15  ================ T I T L E   A M E N D M E N T ===============

16  And the title is amended as follows:

17         On page 13, lines 5-6, of the amendment

18  remove:  all of said lines

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20  and insert in lieu thereof:

21         communication device; amending s. 465.015,

22         F.S.; providing penalties for unauthorized use

23         of pharmacy records when transmitted through a

24         data communication device; conforming cross

25         references; amending ss. 465.014, 465.0196,

26         468.812, and 499.003, F.S.;

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    File original & 9 copies    04/14/99
    hbd0011                     05:10 pm         00287-0041-901157