Senate Bill sb0636c2

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    Florida Senate - 2002                     CS for CS for SB 636

    By the Committees on Judiciary; Health, Aging and Long-Term
    Care; and Senator Burt




    308-1850-02

  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, the

12         Department of Law Enforcement, the Statewide

13         Prosecutor, and State Attorneys to share

14         certain information regarding health care

15         practitioners; requiring a report; requiring

16         the Department of Legal Affairs to establish an

17         electronic system to monitor the prescribing of

18         certain controlled substances; establishing an

19         advisory council and providing for its

20         membership, duties, staff, and compensation;

21         amending s. 456.033, F.S.; eliminating certain

22         requirements for HIV and AIDS education

23         courses; amending s. 456.072, F.S., revising

24         penalties; amending s. 458.345, F.S.; requiring

25         certain resident physicians, interns, and

26         fellows to complete an educational course in

27         prescribing controlled substances; amending s.

28         461.013, F.S.; prohibiting the presigning of

29         blank prescription forms and providing

30         penalties; amending s. 893.04, F.S.; providing

31         additional requirements for pharmacists

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  1         regarding the identification of persons to whom

  2         controlled substances are dispensed;

  3         prohibiting certain prescribing practitioners

  4         from possessing, administering, dispensing, or

  5         prescribing controlled substances; creating s.

  6         893.065, F.S.; establishing protocols requiring

  7         prescriptions for certain controlled substances

  8         to be issued on special forms developed by the

  9         Department of Legal Affairs; establishing

10         requirements for the design, issuance, and

11         control of such forms; providing record-keeping

12         requirements; providing other requirements for

13         the use of such forms; providing an effective

14         date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Physicians; rules establishing prescribing

19  guidelines.--To minimize the diversion and resultant abuse of

20  controlled substances, the Board of Medicine and the Board of

21  Osteopathic Medicine shall adopt rules to establish guidelines

22  for prescribing controlled substances to patients in

23  emergency-department settings. Such guidelines must allow

24  physicians to provide legitimate medical treatment of acute

25  and chronic pain and require them to recognize and prevent

26  abuse of pain medications prescribed in emergency-department

27  settings. The guidelines must also consider requirements of

28  state and federal law and of the Joint Commission on the

29  Accreditation of Healthcare Organizations. Each board shall

30  consult with the Florida College of Emergency Physicians in

31  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, formal-charging, and

  9  other information regarding health care practitioners.--

10         (1)  In order to facilitate the efficiency of the

11  Department of Health's investigation of applicable violations

12  involving the diversion of controlled substances by such

13  practitioners, or other violations of criminal law that may

14  adversely affect a practitioner's licensed practice, any law

15  enforcement agency that arrests a person known or suspected to

16  be a health care practitioner licensed by the state shall

17  promptly notify the Department of Health and provide it with:

18         (a)  Notice of the arrest, including the name of the

19  arresting agency and lead investigator, detective, or officer

20  in the case;

21         (b)  The name of the person charged;

22         (c)  All known personal identifying information related

23  to the person arrested;

24         (d)  The date of the arrest;

25         (e)  The charges for which the person is arrested; and

26         (f)  The agency case number assigned to the arrest.

27         (2)  A state attorney or the Statewide Prosecutor, upon

28  the filing of an indictment or information against a person

29  known or suspected to be a health care practitioner licensed

30  by the state, shall forward a copy of the indictment or

31  information to the Department of Health.

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  1         (3)  The Medical Examiners Commission within the

  2  Department of Law Enforcement shall report to the Department

  3  of Health quarterly any information in its possession

  4  regarding the deaths of persons who had lethal levels of

  5  controlled substances in their bodies as such information has

  6  been reported to the commission by the medical examiners

  7  within the state.

  8         (4)  Upon receipt of arrest information from a law

  9  enforcement agency, notice of formal charging by a prosecuting

10  entity, or information from the Medical Examiners Commission,

11  as provided in this section, the Department of Health or the

12  board having regulatory authority over the practitioner shall

13  investigate any information received and determine whether it

14  has reasonable grounds to believe that the practitioner has

15  violated any law relating to the practitioner's practice and

16  shall take appropriate licensure action as provided by law or

17  rule. If the Department of Health receives information

18  pursuant to this section which suggests the person arrested,

19  charged, or otherwise identified is also licensed by the state

20  in another field or profession, the Department of Health shall

21  forward such information to the appropriate licensing entity

22  for review and appropriate licensure action as provided by law

23  or rule.

24         (5)  To help the Department of Health and regulatory

25  boards control the diversion and resultant abuse of controlled

26  substances, the Department of Health and the Department of Law

27  Enforcement shall study the feasibility of expanding the

28  electronic exchange of information to facilitate the transfer

29  to the Department of Health of criminal-history information

30  involving licensed health care practitioners who are

31  authorized to prescribe, administer, or dispense controlled

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  1  substances. The study shall address whether collection and

  2  retention of fingerprint information concerning licensed

  3  health care practitioners is advisable as a means of better

  4  regulating such practitioners and guarding against abuse of

  5  the privileges of such licensure. The Department of Law

  6  Enforcement shall investigate the feasibility of the

  7  electronic transmission of information from medical examiners

  8  within this state to the Department of Health regarding

  9  autopsies and other public reports that attribute death to

10  controlled-substance abuse. The Department of Law Enforcement,

11  in consultation with the Department of Health, must submit a

12  report of its findings to the Legislature by November 1, 2002.

13         Section 5.  Electronic monitoring system for

14  prescriptions.--

15         (1)  By July 1, 2003, the Department of Legal Affairs

16  shall design and establish an electronic system consistent

17  with the National Council of Prescription Drug Programs

18  (NCPDP) standards or the American Society for Automation in

19  Pharmacy (ASAP) standards to monitor the prescribing of

20  Schedule II controlled substances, other drugs designated by

21  rule by the Attorney General under this section, and codeine,

22  hydrocodone, dihydrocodeine, ethylmorphine, and morphine, as

23  scheduled in Schedule II and Schedule III, by health care

24  practitioners within the state or the dispensing of such

25  controlled substances to an address within the state by a

26  pharmacy permitted or registered by the Board of Pharmacy.

27         (2)  All Schedule II controlled substances, and codeine

28  hydrocodone, dihydrocodeine, ethylmorphine, and morphine as

29  scheduled in Schedule II and Schedule III, and any other drug

30  designated by the Attorney General under this section shall be

31  included in the electronic monitoring system. The Attorney

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  1  General may, by rule, designate any other drug for inclusion

  2  in such system after making a determination that the drug is a

  3  drug of abuse. The Attorney General must consider the

  4  recommendations of the prescription-monitoring advisory

  5  council created by this section before designating a drug of

  6  abuse for inclusion in the electronic monitoring system and

  7  only after he or she determines that the current level of

  8  regulation over the prescribing and dispensing of such drug is

  9  inadequate and that the drug has a high potential for abuse or

10  is being excessively misused, abused, or diverted into illicit

11  drug trafficking.

12         (3)  Each controlled substance or drug subject to this

13  section which is dispensed in this state must be timely

14  reported to the Department of Legal Affairs. Such data must be

15  reported each time that:

16         (a)  A Schedule II controlled substance is dispensed;

17         (b)  A drug that is designated by the Attorney General

18  under subsection (2) is dispensed; or

19         (c)  Codeine, hydrocodone, dihydrocodeine,

20  ethylmorphine, or morphine as scheduled in Schedule II and

21  Schedule III is dispensed.

22         (4)  This section does not apply to controlled

23  substances or drugs:

24         (a)  Ordered from an institutional pharmacy licensed

25  under section 465.019(2), Florida Statutes, in accordance with

26  the institutional policy for such controlled substances or

27  drugs; or

28         (b)  Administered by a health care practitioner to a

29  patient or resident receiving care from a hospital, nursing

30  home, assisted living facility, home health agency, hospice,

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  1  or intermediate care facility for the developmentally disabled

  2  which is licensed in this state.

  3         (5)  The data required under this section includes:

  4         (a)  The patient's name.

  5         (b)  The patient's address.

  6         (c)  The national drug code number of the substance

  7  dispensed.

  8         (d)  The date that the substance is dispensed.

  9         (e)  The quantity of substance dispensed.

10         (f)  The dispenser's National Association of Board's of

11  Pharmacy (NABP) number.

12         (g)  The prescribing practitioner's United States Drug

13  Enforcement Administration Number.

14         (6)  The information must be reported within 30 days

15  after the date the controlled substance or drug is dispensed.

16         (7)  A dispenser must transmit the information required

17  by this section in an electronic format approved by rule of

18  the Board of Pharmacy after consultation with the advisory

19  council and the Department of Legal Affairs unless a specific

20  waiver is granted to that dispenser by the Department of Legal

21  Affairs.

22         (8)  The Department of Legal Affairs shall establish a

23  13-member prescription-monitoring program advisory council to

24  assist it in identifying drugs of abuse for inclusion in the

25  monitoring system and in implementing the system.

26         (a)  The Governor shall appoint members to serve on the

27  advisory council. The members of the council shall include the

28  Attorney General or his or her designee who shall serve as the

29  chairperson; the Secretary of Health or his or her designee;

30  the executive director of the Department of Law Enforcement or

31  his or her designee; the director of the Office of Drug

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  1  Control within the Executive Office of Governor or his or her

  2  designee; a physician who is licensed in this state under

  3  chapter 458, Florida Statutes, who is recommended by the

  4  Florida Medical Association; a physician who is licensed in

  5  this state under chapter 459, Florida Statutes, who is

  6  recommended by the Florida Osteopathic Medical Association; a

  7  podiatric physician who is licensed in this state under

  8  chapter 461, Florida Statutes, who is recommended by the

  9  Florida Podiatric Medical Association; a pharmacist who is

10  licensed in this state under chapter 465, Florida Statutes,

11  who is recommended by the Florida Pharmacy Association; a

12  pharmacist who is licensed in this state under chapter 465,

13  Florida Statutes, who is recommended by the Florida Retail

14  Federation; a pharmacist who is licensed in this state under

15  chapter 465, Florida Statutes, who is recommended by the

16  National Community Pharmacy Association; a dentist who is

17  licensed in this state under chapter 466, Florida Statutes,

18  who is recommended by the Florida Dental Association; a

19  veterinarian who is licensed in this state under chapter 474,

20  Florida Statutes, who is recommended by the Florida Veterinary

21  Medical Association; and a prosecutor who has expertise in the

22  criminal prosecution of drug-diversion cases.

23         (b)  The advisory council members shall meet no more

24  often than quarterly at the call of the chairperson, and serve

25  without compensation. However, such members may receive

26  reimbursement, as provided in section 112.061, Florida

27  Statutes, for per diem and travel expenses incurred in the

28  performance of their official duties.

29         (c)  The Department of Legal Affairs shall provide

30  staff and other administrative assistance that is reasonably

31

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  1  necessary to assist the advisory council in carrying out its

  2  responsibilities.

  3         (9)  The Department of Legal Affairs shall adopt rules

  4  pursuant to section 120.536(1) and section 120.574, Florida

  5  Statutes, necessary to administer this section.

  6         Section 6.  Subsections (1) and (9) of section 456.033,

  7  Florida Statutes, are amended to read:

  8         456.033  Requirement for instruction for certain

  9  licensees on HIV and AIDS.--

10         (1)  The appropriate board shall require each person

11  licensed or certified under chapter 457; chapter 458; chapter

12  459; chapter 460; chapter 461; chapter 463; part I of chapter

13  464; chapter 465; chapter 466; part II, part III, part V, or

14  part X of chapter 468; or chapter 486 to complete a continuing

15  educational course, approved by the board, on human

16  immunodeficiency virus and acquired immune deficiency syndrome

17  as part of biennial relicensure or recertification. The course

18  shall consist of education on the modes of transmission,

19  infection control procedures, clinical management, and

20  prevention of human immunodeficiency virus and acquired immune

21  deficiency syndrome. Such course shall include information on

22  current Florida law on acquired immune deficiency syndrome and

23  its impact on testing, confidentiality of test results,

24  treatment of patients, and any protocols and procedures

25  applicable to human immunodeficiency virus counseling and

26  testing, reporting, the offering of HIV testing to pregnant

27  women, and partner notification issues pursuant to ss. 381.004

28  and 384.25.

29         (9)(a)  In lieu of completing a course as required in

30  subsection (1), the licensee may complete a course in

31  end-of-life care and palliative health care, so long as the

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  1  licensee completed an approved AIDS/HIV course in the

  2  immediately preceding biennium.

  3         (b)  In lieu of completing a course as required by

  4  subsection (1), a person licensed under chapter 466 who has

  5  completed an approved AIDS/HIV course in the immediately

  6  preceding 2 years may complete a course approved by the Board

  7  of Dentistry.

  8         Section 7.  Paragraph (d) of subsection (2) of section

  9  456.072, Florida Statutes, is amended to read:

10         456.072  Grounds for discipline; penalties;

11  enforcement.--

12         (2)  When the board, or the department when there is no

13  board, finds any person guilty of the grounds set forth in

14  subsection (1) or of any grounds set forth in the applicable

15  practice act, including conduct constituting a substantial

16  violation of subsection (1) or a violation of the applicable

17  practice act which occurred prior to obtaining a license, it

18  may enter an order imposing one or more of the following

19  penalties:

20         (d)  Imposition of an administrative fine not to exceed

21  $25,000 $10,000 for each count or separate offense. If the

22  violation is for fraud or making a false or fraudulent

23  representation, the board, or the department if there is no

24  board, must impose a fine of $10,000 per count or offense.

25         Section 8.  Paragraph (d) is added to subsection (1) of

26  section 458.345, Florida Statutes, to read:

27         458.345  Registration of resident physicians, interns,

28  and fellows; list of hospital employees; prescribing of

29  medicinal drugs; penalty.--

30         (1)  Any person desiring to practice as a resident

31  physician, assistant resident physician, house physician,

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  1  intern, or fellow in fellowship training which leads to

  2  subspecialty board certification in this state, or any person

  3  desiring to practice as a resident physician, assistant

  4  resident physician, house physician, intern, or fellow in

  5  fellowship training in a teaching hospital in this state as

  6  defined in s. 408.07(44) or s. 395.805(2), who does not hold a

  7  valid, active license issued under this chapter shall apply to

  8  the department to be registered and shall remit a fee not to

  9  exceed $300 as set by the board.  The department shall

10  register any applicant the board certifies has met the

11  following requirements:

12         (d)  Has completed, upon initial registration, the

13  1-hour educational course in the prescribing of controlled

14  substances as set forth in section 2 of this act. An applicant

15  who has not taken a course at the time of registration shall

16  be allowed up to 6 months within which to complete this

17  requirement.

18         Section 9.  Paragraph (dd) is added to subsection (1)

19  of section 461.013, Florida Statutes, to read:

20         461.013  Grounds for disciplinary action; action by the

21  board; investigations by department.--

22         (1)  The following acts constitute grounds for denial

23  of a license or disciplinary action, as specified in s.

24  456.072(2):

25         (dd)  Presigning blank prescription forms.

26         Section 10.  Paragraphs (h), (i), (j), (k), and (l) are

27  added to subsection (1) of section 893.04, Florida Statutes,

28  to read:

29         893.04  Pharmacist and practitioner.--

30         (1)  A pharmacist, in good faith and in the course of

31  professional practice only, may dispense controlled substances

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  1  upon a written or oral prescription of a practitioner, under

  2  the following conditions:

  3         (h)  A pharmacist may not dispense a Schedule II

  4  controlled substance; codeine, hydrocodone, dihydrocodeine,

  5  ethylmorphine, or morphine, as scheduled in Schedule II and

  6  Schedule III; or drug of abuse designated by the Attorney

  7  General by rule under the prescription-monitoring system to

  8  any individual not personally known to the pharmacist, without

  9  first obtaining suitable identification and documenting, by

10  signature on a log book kept by the pharmacist, the identity

11  of the individual obtaining the controlled substance. If the

12  individual does not have suitable identification or it is

13  impracticable to obtain such identification, the pharmacist

14  must verify the validity of the prescription and identity of

15  the patient with the prescribing practitioner, or the

16  prescribing practitioner's authorized agent, before dispensing

17  the controlled substance or drug as provided by rule of the

18  Board of Pharmacy. The Board of Pharmacy must adopt, by rule,

19  procedures for a pharmacist to verify the validity of a

20  prescription for a Schedule II controlled substance; other

21  drug designated by the Attorney General under this section; or

22  codeine, hydrocodone, dihydrocodeine, ethylmorphine, or

23  morphine, as scheduled in Schedule II and Schedule III, for

24  circumstances when it is otherwise impracticable for the

25  pharmacist or dispensing practitioner to obtain suitable

26  identification from the patient or the patient's agent. For

27  purposes of this section, identification is suitable only if

28  it contains the photograph, the printed name, and the

29  signature of the individual obtaining the Schedule II

30  controlled substance or drug of abuse under the

31  prescription-monitoring system.

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  1         (i)  Any pharmacist that dispenses a Schedule II

  2  controlled substance or drug subject to the requirements of

  3  this section when dispensed by mail shall be exempt from the

  4  requirements to obtain suitable identification.

  5         (j)  All prescriptions issued for a Schedule II

  6  controlled substance; codeine, hydrocodone, dihydrocodeine,

  7  ethylmorphine, or morphine, as scheduled in Schedule II and

  8  Schedule III; or a drug of abuse under the

  9  prescription-monitoring system which has been designated by

10  the Attorney General by rule, must include both a written and

11  numerical notation of quantity on the face of the

12  prescription.

13         (k)  A pharmacist may not dispense more than a 30-day

14  supply of a controlled substance listed in Schedule III upon

15  an oral prescription.

16         (l)  A pharmacist may not knowingly fill a prescription

17  that has been mutilated or forged for a Schedule II controlled

18  substance; codeine, hydrocodone, dihydrocodeine,

19  ethylmorphine, and morphine, as scheduled in Schedule II and

20  Schedule III; or a drug of abuse under the

21  prescription-monitoring system which has been designated by

22  the Attorney General by rule.

23         Section 11.  Section 893.065, Florida Statutes, is

24  created to read:

25         893.065  Prescriptions required for certain controlled

26  substances.--

27         (1)  On or after July 1, 2002, a person may not issue a

28  prescription for a Schedule II controlled substance; codeine,

29  hydrocodone, dihydrocodeine, ethylmorphine, or morphine, as

30  scheduled in Schedule II and Schedule III; or any drug

31  included as a drug of abuse under the prescription-monitoring

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  1  system which has been designated by the Attorney General by

  2  rule, unless the prescription meets the requirements of this

  3  section.

  4         (2)  The Department of Legal Affairs shall develop a

  5  counterfeit-proof prescription blank for use by practitioners

  6  who prescribe controlled substances classified in:

  7         (a)  Schedule II;

  8         (b)  Any drug that is designated by the Attorney

  9  General by rule under subsection (1).

10         (c)  Schedule II or Schedule III as codeine,

11  hydrocodone, dihydrocodeine, ethylmorphine, or morphine.

12         (3)  Prescription blanks shall be issued by the

13  Department of Legal Affairs to such practitioners. The

14  prescription blanks must be printed on distinctive paper and

15  must bear the preprinted full name, address, and category of

16  professional licensure of the practitioner to whom they are

17  issued and that practitioner's federal registry number for

18  controlled substances. The prescription blanks may not be

19  transferred.

20         (4)  The Department of Legal Affairs must cover all

21  costs for the electronic prescription-monitoring program,

22  including the department's actual costs of preparing, issuing,

23  and tracking prescription blanks.

24         (5)  Notwithstanding s. 893.04(1)(a)-(d), a person may

25  not prescribe a Schedule II controlled substance; codeine,

26  hydrocodone, dihydrocodeine, ethylmorphine, or morphine, as

27  scheduled in Schedule II and Schedule III; or any drug which

28  has been designated by the Attorney General by rule under

29  subsection (1), nor may any person fill, compound, or dispense

30  such a prescription, unless it complies with this section.

31

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  1         (a)  The signature on each such prescription form must

  2  be wholly written in ink or indelible pencil in the

  3  handwriting of the prescribing practitioner. Each prescription

  4  must be prepared, dated, and signed by the prescribing

  5  practitioner on the day when issued, and must contain,

  6  typewritten or handwritten by the physician or an employee of

  7  the physician, the full name and address of the person for

  8  whom, or the owner of the animal for which, the controlled

  9  substance is prescribed; the name, quantity, and strength of

10  the controlled substance; directions for use; and the address,

11  category of professional licensure, and federal controlled

12  substance registration number of the prescribing practitioner.

13  If the prescription is for an animal, the prescription must

14  state the species of animal for which it is prescribed. If the

15  prescribing practitioner does not specify the address of the

16  person for whom, or animal for which, the prescription is

17  prescribed, the pharmacist filling the prescription or an

18  employee acting under the direction of the pharmacist must

19  write or type the address on the prescription or maintain the

20  information in a readily retrievable form in the pharmacy.

21         (b)  The original of the prescription must be delivered

22  to the pharmacist filling the prescription. The original must

23  be retained on file by the proprietor of the pharmacy in which

24  it is filled for a period of 2 years, properly endorsed by the

25  pharmacist with the name and address of the pharmacy, the

26  pharmacy's state permit number, the date that the prescription

27  was filled, and the signature of the pharmacist, and a copy

28  must be available for inspection by the Department of Legal

29  Affairs. Notwithstanding any provision of this section, the

30  prescribing practitioner's address, category of professional

31  licensure, or federal controlled substances registration

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    Florida Senate - 2002                     CS for CS for SB 636
    308-1850-02




  1  number need not appear on the prescription if that information

  2  is readily retrievable in the pharmacy.

  3         (c)  All prescriptions issued for a Schedule II

  4  controlled substance; codeine, hydrocodone, dihydrocodeine,

  5  ethylmorphine, or morphine, as scheduled in Schedule II and

  6  Schedule III; or any drug which has been designated by the

  7  Attorney General by rule under subsection (1), must include

  8  both a written and numerical notation of quantity on the face

  9  of the prescription.

10         (d)  A pharmacist may not dispense more than a 30-day

11  supply of a controlled substance listed in Schedule III upon

12  an oral prescription.

13         (e)  A pharmacist may not knowingly fill a prescription

14  that has been mutilated or forged for a Schedule II controlled

15  substance; codeine, hydrocodone, dihydrocodeine,

16  ethylmorphine, or morphine, as scheduled in Schedule II and

17  Schedule III; or any drug which has been designated by the

18  Attorney General by rule under subsection (1).

19         (f)  Any controlled substance listed in Schedule III;

20  codeine, hydrocodone, dihydrocodeine, ethylmorphine, or

21  morphine, as scheduled in Schedule II and Schedule III; or any

22  drug which has been designated by the Attorney General by rule

23  under subsection (1), may be dispensed by a pharmacist upon an

24  oral prescription, if before filling the prescription, the

25  pharmacist reduces it to writing in ink or indelible pencil in

26  the handwriting of the pharmacist, upon an official form

27  issued by the Department of Legal Affairs for that purpose.

28  Such prescriptions must contain the date of the oral

29  authorization and the information required by paragraph (a).

30         (6)  Any pharmacist that dispenses a Schedule II

31  controlled substance or drug subject to the requirements of

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    Florida Senate - 2002                     CS for CS for SB 636
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  1  this section when dispensed by mail shall be exempt from the

  2  requirements to use the required prescription blanks.

  3         Section 12.  This act shall take effect July 1, 2002.

  4

  5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  6                      CS for Senate Bill 636

  7

  8  Clarifies the bill's provisions regarding the sharing of
    information regarding health care practitioners to specify the
  9  following:

10  --    Any law enforcement agency that arrests a health care
          practitioner must notify the Department of Health of the
11        arrest and provide the department with specified
          information pertaining to the arrest.
12
    --    A State Attorney or the Statewide Prosecutor must
13        provide the Department of Health with a copy of any
          indictment or information filed against a health care
14        practitioner.

15  --    The Medical Examiners Commission must provide the
          Department of Health with quarterly reports reflecting
16        any information in its possession regarding the deaths
          of persons who had lethal levels of controlled
17        substances in their bodies.

18  --    The Department of Health must investigate any
          information received from law enforcement authorities,
19        prosecutors, or the Medical Examiners Commission to
          determine whether the practitioner has violated any law
20        relating to the practitioner's practice that requires
          licensure action. If the practitioner is also licensed
21        by the state in another field or profession, the
          Department of Health must forward the information to the
22        appropriate licensing entity.

23  --    The Department of Law Enforcement and the Department of
          Health, in addition to studying the feasibility of
24        expanding the electronic exchange of information between
          the two departments, are also required to study the
25        advisability of the collection and retention of
          fingerprint information of licensed health care
26        practitioners.

27  Allows the Department of Legal Affairs to design and establish
    an electronic monitoring system for prescriptions that is
28  consistent with the National Council of Prescription Drug
    Programs standards or the American Society for Automation in
29  Pharmacy standards.

30

31

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