Senate Bill sb0636c1
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Florida Senate - 2002 CS for SB 636
By the Committee on Health, Aging and Long-Term Care; and
Senator Burt
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1 A bill to be entitled
2 An act relating to controlled substances;
3 providing for specified licensing boards to
4 adopt rules governing the prescribing of
5 controlled substances; requiring certain health
6 care providers to complete education courses
7 relating to the prescription of controlled
8 substances; providing penalties and requiring a
9 report; providing for the emergency suspension
10 of certain licenses for prescribing violations;
11 requiring the Department of Health and the
12 Department of Law Enforcement to share certain
13 information regarding health care
14 practitioners; requiring a report; requiring
15 the Department of Legal Affairs to establish an
16 electronic system to monitor the prescribing of
17 certain controlled substances; establishing an
18 advisory council and providing for its
19 membership, duties, staff, and compensation;
20 amending s. 456.033, F.S.; eliminating certain
21 requirements for HIV and AIDS education
22 courses; amending s. 456.072, F.S., revising
23 penalties; amending s. 458.345, F.S.; requiring
24 certain resident physicians, interns, and
25 fellows to complete an educational course in
26 prescribing controlled substances; amending s.
27 461.013, F.S.; prohibiting the presigning of
28 blank prescription forms and providing
29 penalties; amending s. 893.04, F.S.; providing
30 additional requirements for pharmacists
31 regarding the identification of persons to whom
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1 controlled substances are dispensed;
2 prohibiting certain prescribing practitioners
3 from possessing, administering, dispensing, or
4 prescribing controlled substances; creating s.
5 893.065, F.S.; establishing protocols requiring
6 prescriptions for certain controlled substances
7 to be issued on special forms developed by the
8 Department of Legal Affairs; establishing
9 requirements for the design, issuance, and
10 control of such forms; providing record-keeping
11 requirements; providing other requirements for
12 the use of such forms; providing an effective
13 date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Physicians; rules establishing prescribing
18 guidelines.--To minimize the diversion and resultant abuse of
19 controlled substances, the Board of Medicine and the Board of
20 Osteopathic Medicine shall adopt rules to establish guidelines
21 for prescribing controlled substances to patients in
22 emergency-department settings. Such guidelines must allow
23 physicians to provide legitimate medical treatment of acute
24 and chronic pain and require them to recognize and prevent
25 abuse of pain medications prescribed in emergency-department
26 settings. The guidelines must also consider requirements of
27 state and federal law and of the Joint Commission on the
28 Accreditation of Healthcare Organizations. Each board shall
29 consult with the Florida College of Emergency Physicians in
30 developing these guidelines.
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1 Section 2. Instruction required for certain licensees
2 in prescribing and pharmacology.--
3 (1) The appropriate professional licensing board shall
4 require each person licensed under chapter 458, chapter 459,
5 chapter 461, chapter 462, or chapter 466, Florida Statutes, to
6 complete a 1-hour educational course, approved by the board,
7 on appropriate prescribing and pharmacology of controlled
8 substances, as part of the licensee's initial license renewal
9 after January 1, 2003. The course shall provide education in
10 the state and federal laws and rules governing the prescribing
11 and dispensing of controlled substances; in appropriate
12 evaluation of patients for any risk of drug diversion and the
13 resulting abuse of controlled substances; in the use of
14 informed consent and other protocols, such as discussing the
15 risks and benefits of using controlled substances, with
16 patients to prevent drug diversion; in the need to keep
17 accurate and complete medical records to justify treatment
18 with controlled substances; in addiction and substance-abuse
19 issues with respect to patients; in the appropriate use of
20 recognized pain-management guidelines; and in the need for
21 consultation and referral of patients who are at risk for
22 misuse of medication or diversion of controlled substances,
23 when appropriate.
24 (2) The board may approve additional equivalent
25 courses that satisfy the requirements of subsection (1). Each
26 licensing board that requires a licensee to complete an
27 educational course pursuant to this section shall include the
28 hours required to complete the course in the total required
29 continuing educational requirements.
30 (3) Any person who holds two or more licenses subject
31 to this section may satisfy the requirements of this section
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1 by taking only one such board-approved course for relicensure
2 of all such licenses.
3 (4) A licensee who fails to comply with this section
4 is subject to disciplinary action under each respective
5 practice act and section 456.072(1)(k), Florida Statutes. In
6 addition to discipline by the board, the licensee must
7 complete the course.
8 (5) The board shall require, as a condition of
9 granting a license under the chapter specified in subsection
10 (1), that an applicant for initial licensure complete an
11 educational course set forth in subsection (1). An applicant
12 who has not taken a course at the time of licensure shall be
13 allowed 6 months within which to complete this requirement.
14 (6) The board may adopt rules necessary to administer
15 this section.
16 Section 3. Emergency suspension orders; controlled
17 substances.--Upon receipt of sufficient evidence from any
18 agency authorized to enforce chapter 893, Florida Statutes,
19 regarding a violation of section 458.331(1)(q), section
20 458.331(1)(r), section 458.331(1)(aa), section 459.015(1)(t),
21 section 459.015(1)(u), section 459.015(1)(ee), section
22 461.013(1)(o), section 461.013(1)(p), section 461.013(1)(dd),
23 section 462.14(1)(q), section 462.14(1)(r), section
24 462.14(1)(aa), section 464.018(1)(i), section 465.016(1)(e),
25 section 465.016(1)(i), section 466.028(1)(p), section
26 466.028(1)(q), section 466.028(1)(r), or section
27 466.028(1)(dd) or of chapter 893, Florida Statutes, by a
28 licensed health care practitioner who is authorized to
29 prescribe, dispense, or administer controlled substances, the
30 Department of Health shall review the case and if the
31 practitioner is a danger to the public health, safety, or
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1 welfare of the public as set forth in section 120.60(6),
2 Florida Statutes, recommend the suspension or restriction of
3 the practitioner's license to the Secretary of Health within
4 10 working days after receiving such evidence. The Secretary
5 of Health may suspend or restrict the license of the
6 practitioner in accordance with section 120.60(6), Florida
7 Statutes.
8 Section 4. Sharing of arrest and other information
9 regarding certain health care practitioners.--In order to
10 facilitate the efficiency of the Department of Health's
11 investigation of applicable violations involving the diversion
12 of controlled substances by such practitioners, the Department
13 of Law Enforcement shall, when practicable, notify and provide
14 investigative information to the Department of Health
15 regarding the arrest of any licensed health care practitioner
16 who is authorized to prescribe, dispense, or administer
17 controlled substances.
18 (1) The Medical Examiner's Commission within the
19 Department of Law Enforcement shall report quarterly to the
20 Department of Health any deaths attributed to the abuse of
21 controlled substances, based on autopsy reports completed
22 within this state, and any other public information that may
23 facilitate that department's expeditious investigation of the
24 information to determine whether any of the deaths have
25 involved conduct by a licensed health care practitioner which
26 is subject to disciplinary action under section 456.073,
27 Florida Statutes. The Department of Health or the board having
28 regulatory authority over the practitioner shall investigate
29 any information received by the department or the board when
30 it has reasonable grounds to believe that the practitioner has
31 violated any law relating to the practitioner's practice.
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1 (2) To help the Department of Health and regulatory
2 boards control the diversion and resultant abuse of controlled
3 substances, the Department of Health and the Department of Law
4 Enforcement shall study the feasibility of expanding the
5 electronic exchange of information to facilitate the transfer
6 to the Department of Health of criminal history information
7 involving licensed health care practitioners who are
8 authorized to prescribe, administer, or dispense controlled
9 substances. The Department of Law Enforcement shall
10 investigate the feasibility of the electronic transmission of
11 information from medical examiners within this state to the
12 Department of Health regarding autopsies and other public
13 reports that attribute death to controlled-substance abuse.
14 The Department of Law Enforcement, in consultation with the
15 Department of Health, must submit a report of its findings to
16 the Legislature by November 1, 2002.
17 Section 5. Electronic monitoring system for
18 prescriptions.--
19 (1) By July 1, 2003, the Department of Legal Affairs
20 shall design and establish an electronic system consistent
21 with the National Council of Prescription Drug Programs
22 (NCPDP) standards to monitor the prescribing of Schedule II
23 controlled substances, other drugs designated by rule by the
24 Attorney General under this section, and codeine, hydrocodone,
25 dihydrocodeine, ethylmorphine, and morphine, as scheduled in
26 Schedule II and Schedule III, by health care practitioners
27 within the state or the dispensing of such controlled
28 substances to an address within the state by a pharmacy
29 permitted or registered by the Board of Pharmacy.
30 (2) All Schedule II controlled substances, and codeine
31 hydrocodone, dihydrocodeine, ethylmorphine, and morphine as
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1 scheduled in Schedule II and Schedule III, and any other drug
2 designated by the Attorney General under this section shall be
3 included in the electronic monitoring system. The Attorney
4 General may, by rule, designate any other drug for inclusion
5 in such system after making a determination that the drug is a
6 drug of abuse. The Attorney General must consider the
7 recommendations of the prescription-monitoring advisory
8 council created by this section before designating a drug of
9 abuse for inclusion in the electronic monitoring system and
10 only after he or she determines that the current level of
11 regulation over the prescribing and dispensing of such drug is
12 inadequate and that the drug has a high potential for abuse or
13 is being excessively misused, abused, or diverted into illicit
14 drug trafficking.
15 (3) Each controlled substance or drug subject to this
16 section which is dispensed in this state must be timely
17 reported to the Department of Legal Affairs. Such data must be
18 reported each time that:
19 (a) A Schedule II controlled substance is dispensed;
20 (b) A drug that is designated by the Attorney General
21 under subsection (2) is dispensed; or
22 (c) Codeine, hydrocodone, dihydrocodeine,
23 ethylmorphine, or morphine as scheduled in Schedule II and
24 Schedule III is dispensed.
25 (4) This section does not apply to controlled
26 substances or drugs:
27 (a) Ordered from an institutional pharmacy licensed
28 under section 465.019(2), Florida Statutes, in accordance with
29 the institutional policy for such controlled substances or
30 drugs; or
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1 (b) Administered by a health care practitioner to a
2 patient or resident receiving care from a hospital, nursing
3 home, assisted living facility, home health agency, hospice,
4 or intermediate care facility for the developmentally disabled
5 which is licensed in this state.
6 (5) The data required under this section includes:
7 (a) The patient's name.
8 (b) The patient's address.
9 (c) The national drug code number of the substance
10 dispensed.
11 (d) The date that the substance is dispensed.
12 (e) The quantity of substance dispensed.
13 (f) The dispenser's National Association of Board's of
14 Pharmacy (NABP) number.
15 (g) The prescribing practitioner's United States Drug
16 Enforcement Administration Number.
17 (6) The information must be reported within 30 days
18 after the date the controlled substance or drug is dispensed.
19 (7) A dispenser must transmit the information required
20 by this section in an electronic format approved by rule of
21 the Board of Pharmacy after consultation with the advisory
22 council and the Department of Legal Affairs unless a specific
23 waiver is granted to that dispenser by the Department of Legal
24 Affairs.
25 (8) The Department of Legal Affairs shall establish a
26 13-member prescription-monitoring program advisory council to
27 assist it in identifying drugs of abuse for inclusion in the
28 monitoring system and in implementing the system.
29 (a) The Governor shall appoint members to serve on the
30 advisory council. The members of the council shall include the
31 Attorney General or his or her designee who shall serve as the
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1 chairperson; the Secretary of Health or his or her designee;
2 the executive director of the Department of Law Enforcement or
3 his or her designee; the director of the Office of Drug
4 Control within the Executive Office of Governor or his or her
5 designee; a physician who is licensed in this state under
6 chapter 458, Florida Statutes, who is recommended by the
7 Florida Medical Association; a physician who is licensed in
8 this state under chapter 459, Florida Statutes, who is
9 recommended by the Florida Osteopathic Medical Association; a
10 podiatric physician who is licensed in this state under
11 chapter 461, Florida Statutes, who is recommended by the
12 Florida Podiatric Medical Association; a pharmacist who is
13 licensed in this state under chapter 465, Florida Statutes,
14 who is recommended by the Florida Pharmacy Association; a
15 pharmacist who is licensed in this state under chapter 465,
16 Florida Statutes, who is recommended by the Florida Retail
17 Federation; a pharmacist who is licensed in this state under
18 chapter 465, Florida Statutes, who is recommended by the
19 National Community Pharmacy Association; a dentist who is
20 licensed in this state under chapter 466, Florida Statutes,
21 who is recommended by the Florida Dental Association; a
22 veterinarian who is licensed in this state under chapter 474,
23 Florida Statutes, who is recommended by the Florida Veterinary
24 Medical Association; and a prosecutor who has expertise in the
25 criminal prosecution of drug-diversion cases.
26 (b) The advisory council members shall meet no more
27 often than quarterly at the call of the chairperson, and serve
28 without compensation. However, such members may receive
29 reimbursement, as provided in section 112.061, Florida
30 Statutes, for per diem and travel expenses incurred in the
31 performance of their official duties.
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1 (c) The Department of Legal Affairs shall provide
2 staff and other administrative assistance that is reasonably
3 necessary to assist the advisory council in carrying out its
4 responsibilities.
5 (9) The Department of Legal Affairs shall adopt rules
6 pursuant to section 120.536(1) and section 120.574, Florida
7 Statutes, necessary to administer this section.
8 Section 6. Subsections (1) and (9) of section 456.033,
9 Florida Statutes, are amended to read:
10 456.033 Requirement for instruction for certain
11 licensees on HIV and AIDS.--
12 (1) The appropriate board shall require each person
13 licensed or certified under chapter 457; chapter 458; chapter
14 459; chapter 460; chapter 461; chapter 463; part I of chapter
15 464; chapter 465; chapter 466; part II, part III, part V, or
16 part X of chapter 468; or chapter 486 to complete a continuing
17 educational course, approved by the board, on human
18 immunodeficiency virus and acquired immune deficiency syndrome
19 as part of biennial relicensure or recertification. The course
20 shall consist of education on the modes of transmission,
21 infection control procedures, clinical management, and
22 prevention of human immunodeficiency virus and acquired immune
23 deficiency syndrome. Such course shall include information on
24 current Florida law on acquired immune deficiency syndrome and
25 its impact on testing, confidentiality of test results,
26 treatment of patients, and any protocols and procedures
27 applicable to human immunodeficiency virus counseling and
28 testing, reporting, the offering of HIV testing to pregnant
29 women, and partner notification issues pursuant to ss. 381.004
30 and 384.25.
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1 (9)(a) In lieu of completing a course as required in
2 subsection (1), the licensee may complete a course in
3 end-of-life care and palliative health care, so long as the
4 licensee completed an approved AIDS/HIV course in the
5 immediately preceding biennium.
6 (b) In lieu of completing a course as required by
7 subsection (1), a person licensed under chapter 466 who has
8 completed an approved AIDS/HIV course in the immediately
9 preceding 2 years may complete a course approved by the Board
10 of Dentistry.
11 Section 7. Paragraph (d) of subsection (2) of section
12 456.072, Florida Statutes, is amended to read:
13 456.072 Grounds for discipline; penalties;
14 enforcement.--
15 (2) When the board, or the department when there is no
16 board, finds any person guilty of the grounds set forth in
17 subsection (1) or of any grounds set forth in the applicable
18 practice act, including conduct constituting a substantial
19 violation of subsection (1) or a violation of the applicable
20 practice act which occurred prior to obtaining a license, it
21 may enter an order imposing one or more of the following
22 penalties:
23 (d) Imposition of an administrative fine not to exceed
24 $25,000 $10,000 for each count or separate offense. If the
25 violation is for fraud or making a false or fraudulent
26 representation, the board, or the department if there is no
27 board, must impose a fine of $10,000 per count or offense.
28 Section 8. Paragraph (d) is added to subsection (1) of
29 section 458.345, Florida Statutes, to read:
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1 458.345 Registration of resident physicians, interns,
2 and fellows; list of hospital employees; prescribing of
3 medicinal drugs; penalty.--
4 (1) Any person desiring to practice as a resident
5 physician, assistant resident physician, house physician,
6 intern, or fellow in fellowship training which leads to
7 subspecialty board certification in this state, or any person
8 desiring to practice as a resident physician, assistant
9 resident physician, house physician, intern, or fellow in
10 fellowship training in a teaching hospital in this state as
11 defined in s. 408.07(44) or s. 395.805(2), who does not hold a
12 valid, active license issued under this chapter shall apply to
13 the department to be registered and shall remit a fee not to
14 exceed $300 as set by the board. The department shall
15 register any applicant the board certifies has met the
16 following requirements:
17 (d) Has completed, upon initial registration, the
18 1-hour educational course in the prescribing of controlled
19 substances as set forth in section 2 of this act. An applicant
20 who has not taken a course at the time of registration shall
21 be allowed up to 6 months within which to complete this
22 requirement.
23 Section 9. Paragraph (dd) is added to subsection (1)
24 of section 461.013, Florida Statutes, to read:
25 461.013 Grounds for disciplinary action; action by the
26 board; investigations by department.--
27 (1) The following acts constitute grounds for denial
28 of a license or disciplinary action, as specified in s.
29 456.072(2):
30 (dd) Presigning blank prescription forms.
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1 Section 10. Paragraphs (h), (i), (j), (k), and (l) are
2 added to subsection (1) of section 893.04, Florida Statutes,
3 to read:
4 893.04 Pharmacist and practitioner.--
5 (1) A pharmacist, in good faith and in the course of
6 professional practice only, may dispense controlled substances
7 upon a written or oral prescription of a practitioner, under
8 the following conditions:
9 (h) A pharmacist may not dispense a Schedule II
10 controlled substance; codeine, hydrocodone, dihydrocodeine,
11 ethylmorphine, or morphine, as scheduled in Schedule II and
12 Schedule III; or drug of abuse designated by the Attorney
13 General by rule under the prescription-monitoring system to
14 any individual not personally known to the pharmacist, without
15 first obtaining suitable identification and documenting, by
16 signature on a log book kept by the pharmacist, the identity
17 of the individual obtaining the controlled substance. If the
18 individual does not have suitable identification or it is
19 impracticable to obtain such identification, the pharmacist
20 must verify the validity of the prescription and identity of
21 the patient with the prescribing practitioner, or the
22 prescribing practitioner's authorized agent, before dispensing
23 the controlled substance or drug as provided by rule of the
24 Board of Pharmacy. The Board of Pharmacy must adopt, by rule,
25 procedures for a pharmacist to verify the validity of a
26 prescription for a Schedule II controlled substance; other
27 drug designated by the Attorney General under this section; or
28 codeine, hydrocodone, dihydrocodeine, ethylmorphine, or
29 morphine, as scheduled in Schedule II and Schedule III, for
30 circumstances when it is otherwise impracticable for the
31 pharmacist or dispensing practitioner to obtain suitable
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1 identification from the patient or the patient's agent. For
2 purposes of this section, identification is suitable only if
3 it contains the photograph, the printed name, and the
4 signature of the individual obtaining the Schedule II
5 controlled substance or drug of abuse under the
6 prescription-monitoring system.
7 (i) Any pharmacist that dispenses a Schedule II
8 controlled substance or drug subject to the requirements of
9 this section when dispensed by mail shall be exempt from the
10 requirements to obtain suitable identification.
11 (j) All prescriptions issued for a Schedule II
12 controlled substance; codeine, hydrocodone, dihydrocodeine,
13 ethylmorphine, or morphine, as scheduled in Schedule II and
14 Schedule III; or a drug of abuse under the
15 prescription-monitoring system which has been designated by
16 the Attorney General by rule, must include both a written and
17 numerical notation of quantity on the face of the
18 prescription.
19 (k) A pharmacist may not dispense more than a 30-day
20 supply of a controlled substance listed in Schedule III upon
21 an oral prescription.
22 (l) A pharmacist may not knowingly fill a prescription
23 that has been mutilated or forged for a Schedule II controlled
24 substance; codeine, hydrocodone, dihydrocodeine,
25 ethylmorphine, and morphine, as scheduled in Schedule II and
26 Schedule III; or a drug of abuse under the
27 prescription-monitoring system which has been designated by
28 the Attorney General by rule.
29 Section 11. Section 893.065, Florida Statutes, is
30 created to read:
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1 893.065 Prescriptions required for certain controlled
2 substances.--
3 (1) On or after July 1, 2002, a person may not issue a
4 prescription for a Schedule II controlled substance; codeine,
5 hydrocodone, dihydrocodeine, ethylmorphine, or morphine, as
6 scheduled in Schedule II and Schedule III; or any drug
7 included as a drug of abuse under the prescription-monitoring
8 system which has been designated by the Attorney General by
9 rule, unless the prescription meets the requirements of this
10 section.
11 (2) The Department of Legal Affairs shall develop a
12 counterfeit-proof prescription blank for use by practitioners
13 who prescribe controlled substances classified in:
14 (a) Schedule II;
15 (b) Any drug that is designated by the Attorney
16 General by rule under subsection (1).
17 (c) Schedule II or Schedule III as codeine,
18 hydrocodone, dihydrocodeine, ethylmorphine, or morphine.
19 (3) Prescription blanks shall be issued by the
20 Department of Legal Affairs to such practitioners. The
21 prescription blanks must be printed on distinctive paper and
22 must bear the preprinted full name, address, and category of
23 professional licensure of the practitioner to whom they are
24 issued and that practitioner's federal registry number for
25 controlled substances. The prescription blanks may not be
26 transferred.
27 (4) The Department of Legal Affairs must cover all
28 costs for the electronic prescription-monitoring program,
29 including the department's actual costs of preparing, issuing,
30 and tracking prescription blanks.
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1 (5) Notwithstanding s. 893.04(1)(a)-(d), a person may
2 not prescribe a Schedule II controlled substance; codeine,
3 hydrocodone, dihydrocodeine, ethylmorphine, or morphine, as
4 scheduled in Schedule II and Schedule III; or any drug which
5 has been designated by the Attorney General by rule under
6 subsection (1), nor may any person fill, compound, or dispense
7 such a prescription, unless it complies with this section.
8 (a) The signature on each such prescription form must
9 be wholly written in ink or indelible pencil in the
10 handwriting of the prescribing practitioner. Each prescription
11 must be prepared, dated, and signed by the prescribing
12 practitioner on the day when issued, and must contain,
13 typewritten or handwritten by the physician or an employee of
14 the physician, the full name and address of the person for
15 whom, or the owner of the animal for which, the controlled
16 substance is prescribed; the name, quantity, and strength of
17 the controlled substance; directions for use; and the address,
18 category of professional licensure, and federal controlled
19 substance registration number of the prescribing practitioner.
20 If the prescription is for an animal, the prescription must
21 state the species of animal for which it is prescribed. If the
22 prescribing practitioner does not specify the address of the
23 person for whom, or animal for which, the prescription is
24 prescribed, the pharmacist filling the prescription or an
25 employee acting under the direction of the pharmacist must
26 write or type the address on the prescription or maintain the
27 information in a readily retrievable form in the pharmacy.
28 (b) The original of the prescription must be delivered
29 to the pharmacist filling the prescription. The original must
30 be retained on file by the proprietor of the pharmacy in which
31 it is filled for a period of 2 years, properly endorsed by the
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1 pharmacist with the name and address of the pharmacy, the
2 pharmacy's state permit number, the date that the prescription
3 was filled, and the signature of the pharmacist, and a copy
4 must be available for inspection by the Department of Legal
5 Affairs. Notwithstanding any provision of this section, the
6 prescribing practitioner's address, category of professional
7 licensure, or federal controlled substances registration
8 number need not appear on the prescription if that information
9 is readily retrievable in the pharmacy.
10 (c) All prescriptions issued for a Schedule II
11 controlled substance; codeine, hydrocodone, dihydrocodeine,
12 ethylmorphine, or morphine, as scheduled in Schedule II and
13 Schedule III; or any drug which has been designated by the
14 Attorney General by rule under subsection (1), must include
15 both a written and numerical notation of quantity on the face
16 of the prescription.
17 (d) A pharmacist may not dispense more than a 30-day
18 supply of a controlled substance listed in Schedule III upon
19 an oral prescription.
20 (e) A pharmacist may not knowingly fill a prescription
21 that has been mutilated or forged for a Schedule II controlled
22 substance; codeine, hydrocodone, dihydrocodeine,
23 ethylmorphine, or morphine, as scheduled in Schedule II and
24 Schedule III; or any drug which has been designated by the
25 Attorney General by rule under subsection (1).
26 (f) Any controlled substance listed in Schedule III;
27 codeine, hydrocodone, dihydrocodeine, ethylmorphine, or
28 morphine, as scheduled in Schedule II and Schedule III; or any
29 drug which has been designated by the Attorney General by rule
30 under subsection (1), may be dispensed by a pharmacist upon an
31 oral prescription, if before filling the prescription, the
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1 pharmacist reduces it to writing in ink or indelible pencil in
2 the handwriting of the pharmacist, upon an official form
3 issued by the Department of Legal Affairs for that purpose.
4 Such prescriptions must contain the date of the oral
5 authorization and the information required by paragraph (a).
6 (6) Any pharmacist that dispenses a Schedule II
7 controlled substance or drug subject to the requirements of
8 this section when dispensed by mail shall be exempt from the
9 requirements to use the required prescription blanks.
10 Section 12. This act shall take effect July 1, 2002.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 636
3
4 The Committee Substitute for SB 636 revises requirements for
an electronic prescription monitoring system in Florida for
5 controlled substances to limit the drugs covered by the system
to controlled substances in Schedule II; codeine, hydrocodone,
6 dihydrocodeine, ethylmorphine, and morphine, as scheduled in
Schedule II and Schedule III; and other drugs as designated by
7 the Attorney General, by rule. The Attorney General may, by
rule, designate any other drug for inclusion in the system
8 after making a determination that the drug is a drug of abuse
and the consideration of specified criteria.
9
An exemption to the reporting requirements of the prescription
10 monitoring system is created for controlled substances or
drugs that: (1) are ordered from an institutional pharmacy
11 licensed under s. 465.19(2), F.S., in accordance with
institutional policy for such controlled substances or drugs;
12 or (2) are administered by a health care practitioner to a
patient or resident receiving care from a hospital, nursing
13 home, assisted living facility, home health agency, hospice or
intermediate care facility for the developmentally disabled
14 which is licensed in Florida.
15 The bill revises the requirements for special prescription
blanks to require only a single-copy counterfeit-proof
16 prescription blank and limits the scope of drugs to be covered
by the blanks to those covered by the electronic prescription
17 monitoring system. An exemption to the requirements for the
prescription blanks is created for drugs dispensed through the
18 mail in Florida.
19 The bill revises the membership and duties of the prescription
monitoring program advisory council.
20
The bill deletes provisions that require the Department of
21 Health or boards to impose a mandatory $25,000 fine per count
or offense if the violation is for inappropriate or excessive
22 prescribing of any controlled substance.
23 The bill deletes a procedure for the surrender of serialized
prescription blanks in the event of a criminal proceeding when
24 a practitioner is named in a warrant of arrest or is charged
with a felony violation of chapter 499, Florida Statutes,
25 relating to drugs, devices and household products or chapter
893, Florida Statutes, relating to controlled substances.
26
The bill revises the requirements for pharmacists to obtain
27 suitable identification prior to dispensing certain drugs and
provides exemptions for drugs dispensed through the mail.
28
The bill specifies that the Department of Legal Affairs must
29 bear the costs of the prescription monitoring program.
30
31
19
CODING: Words stricken are deletions; words underlined are additions.