Senate Bill sb0636c3

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    Florida Senate - 2002              CS for CS for CS for SB 636

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




    309-2025-02

  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; providing an

  6         effective date.

  7

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

  9

10         Section 1.  Physicians; rules establishing prescribing

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

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

13  Osteopathic Medicine shall adopt rules to establish guidelines

14  for prescribing controlled substances to patients in

15  emergency-department settings. Such guidelines must allow

16  physicians to provide legitimate medical treatment of acute

17  and chronic pain and require them to recognize and prevent

18  abuse of pain medications prescribed in emergency-department

19  settings. The guidelines must also consider requirements of

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

21  Accreditation of Healthcare Organizations. Each board shall

22  consult with the Florida College of Emergency Physicians in

23  developing these guidelines.

24         Section 2.  Instruction required for certain licensees

25  in prescribing and pharmacology.--

26         (1)  The appropriate professional licensing board shall

27  require each person licensed under chapter 458, chapter 459,

28  chapter 461, chapter 462, or chapter 466, Florida Statutes, to

29  complete a 1-hour educational course, approved by the board,

30  on appropriate prescribing and pharmacology of controlled

31  substances, as part of the licensee's initial license renewal

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  1  after January 1, 2003. The course shall provide education in

  2  the state and federal laws and rules governing the prescribing

  3  and dispensing of controlled substances; in appropriate

  4  evaluation of patients for any risk of drug diversion and the

  5  resulting abuse of controlled substances; in the use of

  6  informed consent and other protocols, such as discussing the

  7  risks and benefits of using controlled substances, with

  8  patients to prevent drug diversion; in the need to keep

  9  accurate and complete medical records to justify treatment

10  with controlled substances; in addiction and substance-abuse

11  issues with respect to patients; in the appropriate use of

12  recognized pain-management guidelines; and in the need for

13  consultation and referral of patients who are at risk for

14  misuse of medication or diversion of controlled substances,

15  when appropriate.

16         (2)  The board may approve additional equivalent

17  courses that satisfy the requirements of subsection (1). Each

18  licensing board that requires a licensee to complete an

19  educational course pursuant to this section shall include the

20  hours required to complete the course in the total required

21  continuing educational requirements.

22         (3)  Any person who holds two or more licenses subject

23  to this section may satisfy the requirements of this section

24  by taking only one such board-approved course for relicensure

25  of all such licenses.

26         (4)  A licensee who fails to comply with this section

27  is subject to disciplinary action under each respective

28  practice act and section 456.072(1)(k), Florida Statutes. In

29  addition to discipline by the board, the licensee must

30  complete the course.

31

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  1         (5)  The board shall require, as a condition of

  2  granting a license under the chapter specified in subsection

  3  (1), that an applicant for initial licensure complete an

  4  educational course set forth in subsection (1). An applicant

  5  who has not taken a course at the time of licensure shall be

  6  allowed 6 months within which to complete this requirement.

  7         (6)  The board may adopt rules necessary to administer

  8  this section.

  9         Section 3.  Emergency suspension orders; controlled

10  substances.--Upon receipt of sufficient evidence from any

11  agency authorized to enforce chapter 893, Florida Statutes,

12  regarding a violation of section 458.331(1)(q), section

13  458.331(1)(r), section 458.331(1)(aa), section 459.015(1)(t),

14  section 459.015(1)(u), section 459.015(1)(ee), section

15  461.013(1)(o), section 461.013(1)(p), section 461.013(1)(dd),

16  section 462.14(1)(q), section 462.14(1)(r), section

17  462.14(1)(aa), section 464.018(1)(i), section 465.016(1)(e),

18  section 465.016(1)(i), section 466.028(1)(p), section

19  466.028(1)(q), section 466.028(1)(r), or section

20  466.028(1)(dd) or of chapter 893, Florida Statutes, by a

21  licensed health care practitioner who is authorized to

22  prescribe, dispense, or administer controlled substances, the

23  Department of Health shall review the case and if the

24  practitioner is a danger to the public health, safety, or

25  welfare of the public as set forth in section 120.60(6),

26  Florida Statutes, recommend the suspension or restriction of

27  the practitioner's license to the Secretary of Health within

28  10 working days after receiving such evidence. The Secretary

29  of Health may suspend or restrict the license of the

30  practitioner in accordance with section 120.60(6), Florida

31  Statutes.

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  1         Section 4.  Sharing of arrest, formal-charging, and

  2  other information regarding health care practitioners.--

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

  4  Department of Health's investigation of applicable violations

  5  involving the diversion of controlled substances by such

  6  practitioners, or other violations of criminal law that may

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

  8  enforcement agency that arrests a person known or suspected to

  9  be a health care practitioner licensed by the state shall

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

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

12  arresting agency and lead investigator, detective, or officer

13  in the case;

14         (b)  The name of the person charged;

15         (c)  All known personal identifying information related

16  to the person arrested;

17         (d)  The date of the arrest;

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

19         (f)  The agency case number assigned to the arrest; and

20         (g)  The arrest report, investigative report, or

21  statement of the allegations supporting the arrest.

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

23  the filing of an indictment or information against a person

24  known or suspected to be a health care practitioner licensed

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

26  information to the Department of Health.

27         (3)  The Medical Examiners Commission within the

28  Department of Law Enforcement shall report to the Department

29  of Health quarterly any information in its possession

30  regarding the deaths of persons who had lethal levels of

31  controlled substances in their bodies as such information has

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  1  been reported to the commission by the medical examiners

  2  within the state.

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

  4  enforcement agency or notice of formal charging by a

  5  prosecuting entity, the Department of Health or the board

  6  having regulatory authority over the practitioner shall

  7  investigate any information received and determine whether it

  8  has reasonable grounds to believe that the practitioner has

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

10  shall take appropriate licensure action as provided by law or

11  rule. If the Department of Health receives information

12  pursuant to this section which suggests that the person

13  arrested or charged is also licensed by the state in another

14  field or profession, the Department of Health shall forward

15  such information to the appropriate licensing entity for

16  review and appropriate licensure action as provided by law or

17  rule.

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

19  boards control the diversion and resultant abuse of controlled

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

21  Enforcement shall study the feasibility of expanding the

22  electronic exchange of information to facilitate the transfer

23  to the Department of Health of criminal-history information

24  involving licensed health care practitioners who are

25  authorized to prescribe, administer, or dispense controlled

26  substances. The study must address whether the collection and

27  retention of fingerprint information concerning licensed

28  health care practitioners subject to the profiling provisions

29  of sections 456.039 and 456.0391, Florida Statutes, is

30  advisable as a means of better regulating such practitioners

31  and guarding against abuse of the privileges of such licensure

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  1  with respect to controlling the diversion and resultant abuse

  2  of controlled substances. The Department of Law Enforcement

  3  shall investigate the feasibility of the electronic

  4  transmission of information from medical examiners within this

  5  state to the Department of Health regarding autopsies and

  6  other public reports that attribute death to

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

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

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

10         Section 5.  Electronic monitoring system for

11  prescriptions.--

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

13  shall design and establish an electronic system consistent

14  with the National Council of Prescription Drug Programs

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

16  Pharmacy (ASAP) standards to monitor the prescribing of

17  Schedule II controlled substances, other drugs designated by

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

19  hydrocodone, dihydrocodeine, ethylmorphine, and morphine, as

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

21  practitioners within the state or the dispensing of such

22  controlled substances to an address within the state by a

23  pharmacy permitted or registered by the Board of Pharmacy.

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

25  hydrocodone, dihydrocodeine, ethylmorphine, and morphine as

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

27  designated by the Attorney General under this section shall be

28  included in the electronic monitoring system. The Attorney

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

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

31  drug of abuse. The Attorney General must consider the

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  1  recommendations of the prescription-monitoring advisory

  2  council created by this section before designating a drug of

  3  abuse for inclusion in the electronic monitoring system and

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

  5  regulation over the prescribing and dispensing of such drug is

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

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

  8  drug trafficking.

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

10  section which is dispensed in this state must be timely

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

12  reported each time that:

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

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

15  under subsection (2) is dispensed; or

16         (c)  Codeine, hydrocodone, dihydrocodeine,

17  ethylmorphine, or morphine as scheduled in Schedule II and

18  Schedule III is dispensed.

19         (4)  This section does not apply to controlled

20  substances or drugs:

21         (a)  Ordered from an institutional pharmacy licensed

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

23  the institutional policy for such controlled substances or

24  drugs; or

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

26  patient or resident receiving care from a hospital, nursing

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

28  or intermediate care facility for the developmentally disabled

29  which is licensed in this state.

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

31         (a)  The patient's name.

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  1         (b)  The patient's address.

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

  3  dispensed.

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

  5         (e)  The quantity of substance dispensed.

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

  7  Pharmacy (NABP) number.

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

  9  Enforcement Administration Number.

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

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

12         (7)  A dispenser must transmit the information required

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

14  the Board of Pharmacy after consultation with the advisory

15  council and the Department of Legal Affairs unless a specific

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

17  Affairs.

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

19  13-member prescription-monitoring program advisory council to

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

21  monitoring system and in implementing the system.

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

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

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

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

26  the executive director of the Department of Law Enforcement or

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

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

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

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

31  Florida Medical Association; a physician who is licensed in

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

  2  recommended by the Florida Osteopathic Medical Association; a

  3  podiatric physician who is licensed in this state under

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

  5  Florida Podiatric Medical Association; a pharmacist who is

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

  7  who is recommended by the Florida Pharmacy Association; a

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

  9  Florida Statutes, who is recommended by the Florida Retail

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

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

12  National Community Pharmacy Association; a dentist who is

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

14  who is recommended by the Florida Dental Association; a

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

16  Florida Statutes, who is recommended by the Florida Veterinary

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

18  criminal prosecution of drug-diversion cases.

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

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

21  without compensation. However, such members may receive

22  reimbursement, as provided in section 112.061, Florida

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

24  performance of their official duties.

25         (c)  The Department of Legal Affairs shall provide

26  staff and other administrative assistance that is reasonably

27  necessary to assist the advisory council in carrying out its

28  responsibilities.

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

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

31  Statutes, necessary to administer this section.

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

  2  Florida Statutes, are amended to read:

  3         456.033  Requirement for instruction for certain

  4  licensees on HIV and AIDS.--

  5         (1)  The appropriate board shall require each person

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

  7  459; chapter 460; chapter 461; chapter 463; part I of chapter

  8  464; chapter 465; chapter 466; part II, part III, part V, or

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

10  educational course, approved by the board, on human

11  immunodeficiency virus and acquired immune deficiency syndrome

12  as part of biennial relicensure or recertification. The course

13  shall consist of education on the modes of transmission,

14  infection control procedures, clinical management, and

15  prevention of human immunodeficiency virus and acquired immune

16  deficiency syndrome. Such course shall include information on

17  current Florida law on acquired immune deficiency syndrome and

18  its impact on testing, confidentiality of test results,

19  treatment of patients, and any protocols and procedures

20  applicable to human immunodeficiency virus counseling and

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

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

23  and 384.25.

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

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

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

27  licensee completed an approved AIDS/HIV course in the

28  immediately preceding biennium.

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

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

31  completed an approved AIDS/HIV course in the immediately

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

  2  of Dentistry.

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

  4  456.072, Florida Statutes, is amended to read:

  5         456.072  Grounds for discipline; penalties;

  6  enforcement.--

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

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

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

10  practice act, including conduct constituting a substantial

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

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

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

14  penalties:

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

16  $25,000 $10,000 for each count or separate offense. If the

17  violation is for fraud or making a false or fraudulent

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

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

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

21  section 458.345, Florida Statutes, to read:

22         458.345  Registration of resident physicians, interns,

23  and fellows; list of hospital employees; prescribing of

24  medicinal drugs; penalty.--

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

26  physician, assistant resident physician, house physician,

27  intern, or fellow in fellowship training which leads to

28  subspecialty board certification in this state, or any person

29  desiring to practice as a resident physician, assistant

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

31  fellowship training in a teaching hospital in this state as

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

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

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

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

  5  register any applicant the board certifies has met the

  6  following requirements:

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

  8  1-hour educational course in the prescribing of controlled

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

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

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

12  requirement.

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

14  of section 461.013, Florida Statutes, to read:

15         461.013  Grounds for disciplinary action; action by the

16  board; investigations by department.--

17         (1)  The following acts constitute grounds for denial

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

19  456.072(2):

20         (dd)  Presigning blank prescription forms.

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

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

23  to read:

24         893.04  Pharmacist and practitioner.--

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

26  professional practice only, may dispense controlled substances

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

28  the following conditions:

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

30  controlled substance; codeine, hydrocodone, dihydrocodeine,

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

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  1  Schedule III; or a drug of abuse designated by the Attorney

  2  General by rule under the prescription-monitoring system to

  3  any individual not personally known to the pharmacist without

  4  first obtaining suitable identification and documenting, in a

  5  log book kept by the pharmacist, the identity of the

  6  individual obtaining the controlled substance. The log book

  7  entry must contain the printed name, address, telephone number

  8  if available, and driver's license number or other suitable

  9  identification number, and signature of the person obtaining

10  the controlled substance or drug. If the individual does not

11  have suitable identification or it is impracticable to obtain

12  such identification, the pharmacist may dispense the

13  controlled substance or drug only when the pharmacist

14  determines, in the exercise of her or his professional

15  judgment, that the order is valid and necessary for treatment.

16  In such a case, the pharmacist or his or her designee must

17  obtain the other information required under this paragraph,

18  and the pharmacist or pharmacist's designee must sign the log

19  to indicate that suitable identification was not available and

20  that the pharmacist's professional judgment was exercised

21  prior to dispensing the controlled substance or drug. The

22  Board of Pharmacy may adopt, by rule, procedures for a

23  pharmacist to verify the validity of a prescription for a

24  Schedule II controlled substance; other drug designated by the

25  Attorney General under this section; or codeine, hydrocodone,

26  dihydrocodeine, ethylmorphine, or morphine, as scheduled in

27  Schedule II and Schedule III, for circumstances when it is

28  otherwise impracticable for the pharmacist or dispensing

29  practitioner to obtain suitable identification from the

30  patient or the patient's agent. For purposes of this section,

31  identification is suitable only if it contains the photograph,

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  1  the printed name, and the signature of the individual

  2  obtaining the Schedule II controlled substance or drug of

  3  abuse under the prescription-monitoring system.

  4         (i)  Any pharmacist that dispenses a Schedule II

  5  controlled substance or drug subject to the requirements of

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

  7  requirements to obtain suitable identification.

  8         (j)  All prescriptions issued for a Schedule II

  9  controlled substance; codeine, hydrocodone, dihydrocodeine,

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

11  Schedule III; or a drug of abuse under the

12  prescription-monitoring system which has been designated by

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

14  numerical notation of quantity on the face of the

15  prescription.

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

17  supply of a controlled substance listed in Schedule III upon

18  an oral prescription.

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

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

21  substance; codeine, hydrocodone, dihydrocodeine,

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

23  Schedule III; or a drug of abuse under the

24  prescription-monitoring system which has been designated by

25  the Attorney General by rule.

26         Section 11.  This act shall take effect July 1, 2002.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                           CS/CS/SB 636

  3

  4  Eliminates requirement to investigate all reports of overdose
    deaths.
  5
    Inserts clarification that the study addresses only health
  6  care practitioners subject to the profiling provisions of ss.
    456.039 & 456.0391,F.S.
  7
    Allows a pharmacist to dispense the controlled substance in
  8  the absence of "suitable identification" if, in the
    professional judgment of the pharmacist the order is valid and
  9  necessary for treatment.

10  Deletes requirement that the Department of Legal Affairs
    develop a counterfeit-proof prescription form to be used by
11  practitioners who prescribe controlled substances.  Also
    deletes proposed processes that must be followed prior to
12  dispensing controlled substances.

13  Directs law enforcement agencies to provide to the Department
    of Health reports and statements of the allegations supporting
14  the arrest of health care practitioners.

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