House Bill hb0701c1

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    Florida House of Representatives - 2002              CS/HB 701

        By the Committee on State Administration and
    Representative Crow





  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 in emergency department

  6         settings; requiring certain health care

  7         providers to complete education courses

  8         relating to the prescription and pharmacology

  9         of controlled substances; providing penalties

10         and requiring a report; providing for the

11         emergency suspension of certain licenses for

12         prescribing violations; requiring law

13         enforcement agencies, the Department of Health,

14         the Medical Examiners Commission within the

15         Department of Law Enforcement, the statewide

16         prosecutor, and state attorneys to share

17         certain information regarding health care

18         practitioners; requiring a study and report by

19         the Department of Health and the Department of

20         Law Enforcement; requiring the Department of

21         Legal Affairs to establish an electronic system

22         to monitor the prescribing of certain

23         controlled substances; establishing an advisory

24         council and providing for its membership,

25         duties, and staff; authorizing reimbursement

26         for per diem and travel expenses in the

27         performance of official duties; providing

28         rulemaking authority; amending s. 458.345,

29         F.S.; requiring certain resident physicians,

30         interns, and fellows to complete an educational

31         course in prescribing and pharmacology of

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  1         controlled substances; amending s. 461.013,

  2         F.S.; prohibiting the presigning of blank

  3         prescription forms and providing penalties;

  4         amending s. 893.04, F.S.; providing additional

  5         requirements for pharmacists regarding the

  6         identification of persons to whom controlled

  7         substances are dispensed; prohibiting certain

  8         prescribing practitioners from possessing,

  9         administering, dispensing, or prescribing

10         controlled substances; creating s. 893.065,

11         F.S.; establishing protocols requiring

12         prescriptions for certain controlled substances

13         to be issued on special forms developed by the

14         Department of Legal Affairs; establishing

15         requirements for the design, issuance, and

16         control of such forms; providing recordkeeping

17         requirements; providing other requirements for

18         the use of such forms; providing an effective

19         date.

20

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

22

23         Section 1.  Physicians; rules establishing prescribing

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

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

26  Osteopathic Medicine shall adopt rules pursuant to ss.

27  120.536(1) and 120.54 to establish guidelines for prescribing

28  controlled substances to patients in emergency department

29  settings. Such guidelines must allow physicians to provide

30  legitimate medical treatment of acute and chronic pain and

31  require them to recognize and prevent abuse of pain

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  1  medications prescribed in emergency department settings. The

  2  guidelines must also consider requirements of state and

  3  federal law and of the Joint Commission on Accreditation of

  4  Healthcare Organizations. Each board shall consult with the

  5  Florida College of Emergency Physicians in developing these

  6  guidelines.

  7         Section 2.  Instruction required for certain licensees

  8  in prescribing and pharmacology.--

  9         (1)  The appropriate professional licensing board shall

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

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

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

13  on appropriate prescribing and pharmacology of controlled

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

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

16  the state and federal laws and rules governing the prescribing

17  and dispensing of controlled substances; in appropriate

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

19  resulting abuse of controlled substances; in the use of

20  informed consent and other protocols, such as discussing the

21  risks and benefits of using controlled substances, with

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

23  accurate and complete medical records to justify treatment

24  with controlled substances; in addiction and substance abuse

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

26  recognized pain management guidelines; and in the need for

27  consultation and referral of patients who are at risk for

28  misuse of medication or diversion of controlled substances,

29  when appropriate.

30         (2)  The board may approve additional equivalent

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

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  1  licensing board that requires a licensee to complete an

  2  educational course pursuant to this section shall include the

  3  hours required to complete the course in the total required

  4  continuing educational requirements.

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

  6  to this section may satisfy the requirements of this section

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

  8  of all such licenses.

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

10  is subject to disciplinary action under each respective

11  practice act and s. 456.072(1)(k), Florida Statutes. In

12  addition to discipline by the board, the licensee must

13  complete the course.

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

15  granting a license under the chapter specified in subsection

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

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

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

19  allowed 6 months within which to complete this requirement.

20         (6)  The board may adopt rules pursuant to ss.

21  120.536(1) and 120.54 necessary to administer this section.

22         Section 3.  Emergency suspension orders; controlled

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

24  agency authorized to enforce chapter 893, Florida Statutes,

25  regarding a violation of s. 458.331(1)(q), (r), or (aa), s.

26  459.015(1)(t), (u), or (ee), s. 461.013(1)(o), (p), or (cc),

27  s. 462.14(1)(q), (r), or (aa), s. 464.018(1)(i), s.

28  465.016(1)(e) or (i), or s. 466.028(1)(p), (q), (r), or (dd),

29  or of chapter 893, Florida Statutes, by a licensed health care

30  practitioner who is authorized to prescribe, dispense, or

31  administer controlled substances, the Department of Health

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  1  shall review the case and if the practitioner is a danger to

  2  the public health, safety, or welfare as set forth in s.

  3  120.60(6), Florida Statutes, recommend the suspension or

  4  restriction of the practitioner's license to the Secretary of

  5  Health within 10 working days after receiving such evidence.

  6  The Secretary of Health may suspend or restrict the license of

  7  the practitioner in accordance with s. 120.60(6), Florida

  8  Statutes.

  9         Section 4.  Sharing of arrest, formal charging, and

10  other information regarding health care practitioners.--

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

12  Department of Health's investigation of applicable violations

13  involving the diversion of controlled substances by health

14  care practitioners, or other violations of criminal law that

15  may adversely affect a health care practitioner's licensed

16  practice, any law enforcement agency that arrests a person

17  known or suspected to be a health care practitioner licensed

18  by the state shall promptly notify the Department of Health

19  and provide it with:

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

21  arresting agency and lead investigator, detective, or officer

22  in the case.

23         (b)  The name of the person charged.

24         (c)  All known personal identifying information related

25  to the person arrested.

26         (d)  The date of the arrest.

27         (e)  The charges for which the person is arrested.

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

29         (2)  A state attorney or the statewide prosecutor, upon

30  the filing of an indictment or information against a person

31  known or suspected to be a health care practitioner licensed

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

  2  information to the Department of Health.

  3         (3)  The Medical Examiners Commission within the

  4  Department of Law Enforcement shall report to the Department

  5  of Health quarterly any information in its possession

  6  regarding the deaths of persons who had lethal levels of

  7  controlled substances in their bodies as such information has

  8  been reported to the commission by the medical examiners

  9  within the state.

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

11  enforcement agency, notice of formal charging by a prosecuting

12  entity, or information from the Medical Examiners Commission,

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

14  board having regulatory authority over the practitioner shall

15  investigate any information received and determine whether it

16  has reasonable grounds to believe that the practitioner has

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

18  shall take appropriate licensure action as provided by law or

19  rule. If the Department of Health receives information

20  pursuant to this section which suggests the person arrested,

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

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

23  forward such information to the appropriate licensing entity

24  for review and appropriate licensure action as provided by law

25  or rule.

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

27  boards control the diversion and resultant abuse of controlled

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

29  Enforcement shall study the feasibility of expanding the

30  electronic exchange of information to facilitate the transfer

31  to the Department of Health of criminal history information

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  1  involving licensed health care practitioners who are

  2  authorized to prescribe, administer, or dispense controlled

  3  substances. The study shall address whether collection and

  4  retention of fingerprint information concerning licensed

  5  health care practitioners is advisable as a means of better

  6  regulating such practitioners and guarding against abuse of

  7  the privileges of such licensure. The Department of Law

  8  Enforcement shall investigate the feasibility of the

  9  electronic transmission of information from medical examiners

10  within this state to the Department of Health regarding

11  autopsies and other public reports that attribute death to

12  controlled substance abuse. The Department of Law Enforcement,

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

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

15         Section 5.  Electronic monitoring system for

16  prescriptions.--

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

18  shall design and establish an electronic system consistent

19  with the National Council of Prescription Drug Programs

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

21  Pharmacy (ASAP) standards to monitor the prescribing of

22  Schedule II controlled substances, other drugs designated by

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

24  hydrocodone, dihydrocodeine, ethylmorphine, and morphine, as

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

26  practitioners within the state or the dispensing of such

27  controlled substances to an address within the state by a

28  pharmacy permitted or registered by the Board of Pharmacy.

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

30  hydrocodone, dihydrocodeine, ethylmorphine, and morphine, as

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

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  1  designated by the Attorney General under this section, shall

  2  be included in the prescription monitoring system. The

  3  Attorney General may, by rule, designate any other drug for

  4  inclusion in such system after making a determination that the

  5  drug is a drug of abuse. The Attorney General must consider

  6  the recommendations of the prescription monitoring system

  7  advisory council created by this section before designating a

  8  drug of abuse for inclusion in the prescription monitoring

  9  system and only after he or she determines that the current

10  level of regulation over the prescribing and dispensing of

11  such drug is inadequate and that the drug has a high potential

12  for abuse or is being excessively misused, abused, or diverted

13  into illicit drug trafficking.

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

15  section which is dispensed in this state must be timely

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

17  reported each time that:

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

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

20  under subsection (2) is dispensed; or

21         (c)  Codeine, hydrocodone, dihydrocodeine,

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

23  Schedule III, is dispensed.

24         (4)  This section does not apply to controlled

25  substances or drugs:

26         (a)  Ordered from an institutional pharmacy licensed

27  under s. 465.019(2), Florida Statutes, in accordance with the

28  institutional policy for such controlled substances or drugs;

29  or

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

31  patient or resident receiving care from a hospital, nursing

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

  2  or intermediate care facility for the developmentally disabled

  3  which is licensed in this state.

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

  5         (a)  The patient's name.

  6         (b)  The patient's address.

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

  8  dispensed.

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

10         (e)  The quantity of substance dispensed.

11         (f)  The dispenser's National Association of Boards of

12  Pharmacy (NABP) number.

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

14  Enforcement Administration number.

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

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

17         (7)  A dispenser must transmit the information required

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

19  the Board of Pharmacy, after consultation with the advisory

20  council and the Department of Legal Affairs, unless a specific

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

22  Affairs.

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

24  13-member prescription monitoring system advisory council to

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

26  monitoring system and in implementing the system.

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

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

29  Attorney General or his or her designee, who shall serve as

30  the chairperson; the Secretary of Health or his or her

31  designee; the executive director of the Department of Law

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  1  Enforcement or his or her designee; the director of the Office

  2  of Drug Control within the Executive Office of the Governor or

  3  his or her designee; a physician who is licensed in this state

  4  under chapter 458, Florida Statutes, who is recommended by the

  5  Florida Medical Association; a physician who is licensed in

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

  7  recommended by the Florida Osteopathic Medical Association; a

  8  podiatric physician who is licensed in this state under

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

10  Florida Podiatric Medical Association; a pharmacist who is

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

12  who is recommended by the Florida Pharmacy Association; a

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

14  Florida Statutes, who is recommended by the Florida Retail

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

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

17  National Community Pharmacy Association; a dentist who is

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

19  who is recommended by the Florida Dental Association; a

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

21  Florida Statutes, who is recommended by the Florida Veterinary

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

23  criminal prosecution of drug diversion cases.

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

25  often than quarterly at the call of the chairperson and shall

26  serve without compensation. However, such members may receive

27  reimbursement, as provided in s. 112.061, Florida Statutes,

28  for per diem and travel expenses incurred in the performance

29  of their official duties.

30         (c)  The Department of Legal Affairs shall provide

31  staff and other administrative assistance that is reasonably

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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 ss. 120.536(1) and 120.54, Florida Statutes,

  5  necessary to administer this section.

  6         Section 6.  Paragraph (d) is added to subsection (1) of

  7  section 458.345, Florida Statutes, to read:

  8         458.345  Registration of resident physicians, interns,

  9  and fellows; list of hospital employees; prescribing of

10  medicinal drugs; penalty.--

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

12  physician, assistant resident physician, house physician,

13  intern, or fellow in fellowship training which leads to

14  subspecialty board certification in this state, or any person

15  desiring to practice as a resident physician, assistant

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

17  fellowship training in a teaching hospital in this state as

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

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

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

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

22  register any applicant the board certifies has met the

23  following requirements:

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

25  1-hour educational course in the prescribing and pharmacology

26  of controlled substances as set forth in section 2 of this

27  act. An applicant who has not taken a course at the time of

28  registration shall be allowed up to 6 months within which to

29  complete this requirement.

30         Section 7.  Paragraph (cc) of subsection (1) of section

31  461.013, Florida Statutes, is redesignated as paragraph (dd)

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  1  of said subsection, and a new paragraph (cc) is added to said

  2  subsection, to read:

  3         461.013  Grounds for disciplinary action; action by the

  4  board; investigations by department.--

  5         (1)  The following acts constitute grounds for denial

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

  7  456.072(2):

  8         (cc)  Presigning blank prescription forms.

  9         (dd)(cc)  Violating any provision of this chapter or

10  chapter 456, or any rules adopted pursuant thereto.

11         Section 8.  Paragraphs (h), (i), (j), (k), and (l) are

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

13  to read:

14         893.04  Pharmacist and practitioner.--

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

16  professional practice only, may dispense controlled substances

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

18  the following conditions:

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

20  controlled substance; codeine, hydrocodone, dihydrocodeine,

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

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

23  General under the prescription monitoring system, to any

24  individual not personally known to the pharmacist, without

25  first obtaining suitable identification and documenting, in a

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

27  individual obtaining the controlled substance. The log book

28  entry shall contain the printed name, address, phone number

29  (if available), driver's license number or other suitable

30  identification number, and signature of the person obtaining

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

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  1  have suitable identification or it is impracticable to obtain

  2  such identification, the pharmacist may dispense the

  3  controlled substance or drug only when the pharmacist

  4  determines, in the exercise of her or his professional

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

  6  In such case, the pharmacist or his or her designee must

  7  obtain the other information required by this paragraph and

  8  must sign the log book to indicate that suitable

  9  identification was not available and that the pharmacist's

10  professional judgment was exercised prior to dispensing the

11  controlled substance or drug. The Board of Pharmacy may adopt,

12  by rule, procedures for a pharmacist to verify the validity of

13  a prescription for a Schedule II controlled substance; a drug

14  of abuse designated by the Attorney General under the

15  prescription monitoring system; or codeine, hydrocodone,

16  dihydrocodeine, ethylmorphine, or morphine, as scheduled in

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

18  otherwise impracticable for the pharmacist or dispensing

19  practitioner to obtain suitable identification from the

20  patient or the patient's agent. For purposes of this

21  paragraph, identification is suitable only if it contains the

22  photograph, printed name, and signature of the individual

23  obtaining the Schedule II controlled substance or drug of

24  abuse under the prescription monitoring system.

25         (i)  Any pharmacist that dispenses by mail a Schedule

26  II controlled substance or drug subject to the requirements of

27  this section shall be exempt from the requirements to obtain

28  suitable identification.

29         (j)  All prescriptions issued for 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 under the prescription monitoring system, must include

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

  4  of the prescription.

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

  6  supply of a controlled substance listed in Schedule III upon

  7  an oral prescription.

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

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

10  substance; codeine, hydrocodone, dihydrocodeine,

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

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

13  General under the prescription monitoring system.

14         Section 9.  Section 893.065, Florida Statutes, is

15  created to read:

16         893.065  Prescriptions required for certain controlled

17  substances.--

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

19  prescription for a Schedule II controlled substance; codeine,

20  hydrocodone, dihydrocodeine, ethylmorphine, or morphine, as

21  scheduled in Schedule II and Schedule III; or any drug of

22  abuse designated by the Attorney General under the

23  prescription monitoring system, unless the prescription meets

24  the requirements of this section.

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

26  counterfeit-proof prescription blank for use by practitioners

27  who prescribe:

28         (a)  A Schedule II controlled substance.

29         (b)  Any drug of abuse designated by the Attorney

30  General under the prescription monitoring system.

31

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  1         (c)  Codeine, hydrocodone, dihydrocodeine,

  2  ethylmorphine, or morphine, as scheduled in Schedule II or

  3  Schedule III.

  4         (3)  Prescription blanks shall be issued by the

  5  Department of Legal Affairs to such practitioners. The

  6  prescription blanks must be printed on distinctive paper and

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

  8  professional licensure of the practitioner to whom they are

  9  issued and that practitioner's federal registry number for

10  controlled substances. The prescription blanks may not be

11  transferred.

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

13  costs for the prescription monitoring system, including the

14  department's actual costs of preparing, issuing, and tracking

15  prescription blanks.

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

17  not prescribe a Schedule II controlled substance; codeine,

18  hydrocodone, dihydrocodeine, ethylmorphine, or morphine, as

19  scheduled in Schedule II and Schedule III; or any drug of

20  abuse designated by the Attorney General under the

21  prescription monitoring system; nor may any person fill,

22  compound, or dispense such a prescription, unless it complies

23  with this section.

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

25  be wholly written in ink or indelible pencil in the

26  handwriting of the prescribing practitioner. Each prescription

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

28  practitioner on the day when issued and must contain,

29  typewritten or handwritten by the physician or an employee of

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

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

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

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

  3  category of professional licensure, and federal controlled

  4  substance registration number of the prescribing practitioner.

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

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

  7  prescribing practitioner does not specify the address of the

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

  9  prescribed, the pharmacist filling the prescription or an

10  employee acting under the direction of the pharmacist must

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

12  information in a readily retrievable form in the pharmacy.

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

14  to the pharmacist filling the prescription. The original must

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

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

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

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

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

20  must be available for inspection by the Department of Legal

21  Affairs. Notwithstanding any provision of this section, the

22  prescribing practitioner's address, category of professional

23  licensure, or federal controlled substances registration

24  number need not appear on the prescription if that information

25  is readily retrievable in the pharmacy.

26         (c)  All prescriptions issued for a Schedule II

27  controlled substance; codeine, hydrocodone, dihydrocodeine,

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

29  Schedule III; or any drug of abuse designated by the Attorney

30  General under the prescription monitoring system, must include

31

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

  2  of the prescription.

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

  4  supply of a controlled substance listed in Schedule III upon

  5  an oral prescription.

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

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

  8  substance; codeine, hydrocodone, dihydrocodeine,

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

10  Schedule III; or any drug of abuse designated by the Attorney

11  General under the prescription monitoring system.

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

13  codeine, hydrocodone, dihydrocodeine, ethylmorphine, or

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

15  drug of abuse designated by the Attorney General under the

16  prescription monitoring system, may be dispensed by a

17  pharmacist upon an oral prescription, if, before filling the

18  prescription, the pharmacist reduces it to writing in ink or

19  indelible pencil in the handwriting of the pharmacist, upon an

20  official form issued by the Department of Legal Affairs for

21  that purpose. Such prescriptions must contain the date of the

22  oral authorization and the information required by paragraph

23  (a).

24         (6)  Any pharmacist that dispenses by mail a Schedule

25  II controlled substance or other drug subject to the

26  requirements of this section shall be exempt from the

27  requirements to use the required prescription blanks.

28         Section 10.  This act shall take effect July 1, 2002.

29

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CODING: Words stricken are deletions; words underlined are additions.