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
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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, 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,
31
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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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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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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
19
CODING: Words stricken are deletions; words underlined are additions.