Senate Bill sb0028E

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    Florida Senate - 2002                                  SB 28-E

    By Senator Burt





    16-2376-02

  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 Bureau of Pharmacy Services of the

17         Department of Health to establish an electronic

18         system to monitor the prescribing of certain

19         controlled substances; authorizing the Bureau

20         of Pharmacy Services to contract for the

21         administration of the electronic monitoring

22         system for certain controlled substances;

23         establishing an advisory council and providing

24         for its membership, duties, staff, and

25         compensation; requiring the Bureau of Pharmacy

26         Services of the Department of Health to

27         recommend performance-based measures to the

28         Legislature for the electronic monitoring

29         system; requiring that the Bureau of Pharmacy

30         Services report to the Legislature on

31         implementation of the electronic monitoring

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 1         system; providing requirements for the report;

 2         providing duties of the Bureau of Pharmacy

 3         Services with respect to the purposes and use

 4         of the electronic monitoring system;

 5         prohibiting the use of specified funds for the

 6         electronic monitoring system; amending s.

 7         456.033, F.S.; eliminating certain requirements

 8         for HIV and AIDS education courses; amending s.

 9         456.072, F.S., revising penalties; amending s.

10         458.345, F.S.; requiring certain resident

11         physicians, interns, and fellows to complete an

12         educational course in prescribing controlled

13         substances; amending s. 461.013, F.S.;

14         prohibiting the presigning of blank

15         prescription forms and providing penalties;

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

17         requirements for pharmacists regarding the

18         identification of persons to whom controlled

19         substances are dispensed; prohibiting certain

20         prescribing practitioners from possessing,

21         administering, dispensing, or prescribing

22         controlled substances; providing for

23         construction of the act in pari materia with

24         laws enacted during the Regular Session of the

25         Legislature; providing an effective date.

26  

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

28  

29         Section 1.  Physicians; rules establishing prescribing

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

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

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    Florida Senate - 2002                                  SB 28-E
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 1  Osteopathic Medicine shall adopt rules to establish guidelines

 2  for prescribing controlled substances to patients in

 3  emergency-department settings. Such guidelines must allow

 4  physicians to provide legitimate medical treatment of acute

 5  and chronic pain and require them to recognize and prevent

 6  abuse of pain medications prescribed in emergency-department

 7  settings. The guidelines must also consider requirements of

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

 9  Accreditation of Healthcare Organizations. Each board shall

10  consult with the Florida College of Emergency Physicians in

11  developing these guidelines.

12         Section 2.  Instruction required for certain licensees

13  in prescribing and pharmacology.--

14         (1)  The appropriate professional licensing board shall

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

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

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

18  on appropriate prescribing and pharmacology of controlled

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

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

21  the state and federal laws and rules governing the prescribing

22  and dispensing of controlled substances; in appropriate

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

24  resulting abuse of controlled substances; in the use of

25  informed consent and other protocols, such as discussing the

26  risks and benefits of using controlled substances with

27  patients, to prevent drug diversion; in the need to keep

28  accurate and complete medical records to justify treatment

29  with controlled substances; in addiction and substance-abuse

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

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

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 1  consultation and referral of patients who are at risk for

 2  misuse of medication or diversion of controlled substances,

 3  when appropriate.

 4         (2)  The board may approve additional equivalent

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

 6  licensing board that requires a licensee to complete an

 7  educational course pursuant to this section shall include the

 8  hours required to complete the course in the total required

 9  continuing educational requirements.

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

11  to this section may satisfy the requirements of this section

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

13  of all such licenses.

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

15  is subject to disciplinary action under each respective

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

17  addition to discipline by the board, the licensee must

18  complete the course.

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

20  granting a license under the chapter specified in subsection

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

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

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

24  allowed 6 months within which to complete this requirement.

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

26  this section.

27         Section 3.  Emergency suspension orders; controlled

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

29  agency authorized to enforce chapter 893, Florida Statutes,

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

31  458.331(1)(r), section 458.331(1)(aa), section 459.015(1)(t),

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

 2  461.013(1)(o), section 461.013(1)(p), section 461.013(1)(dd),

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

 4  462.14(1)(aa), section 464.018(1)(i), section 465.016(1)(e),

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

 6  466.028(1)(q), section 466.028(1)(r), or section

 7  466.028(1)(dd), Florida Statutes, or of chapter 893, Florida

 8  Statutes, by a licensed health care practitioner who is

 9  authorized to prescribe, dispense, or administer controlled

10  substances, the Department of Health shall review the case and

11  if there is a reason to believe that the practitioner is a

12  danger to the public health, safety, or welfare as set forth

13  in section 120.60(6), Florida Statutes, shall recommend the

14  suspension or restriction of the practitioner's license to the

15  Secretary of Health within 10 working days after receiving

16  such evidence. If a sufficient basis is found to exist, the

17  Secretary of Health must suspend or restrict the license of

18  the practitioner in accordance with section 120.60(6), Florida

19  Statutes.

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

21  other information regarding health care practitioners.--

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

23  Department of Health's investigation of applicable violations

24  involving the diversion of controlled substances by such

25  practitioners, or other violations of criminal law that may

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

27  enforcement agency that arrests a person known or suspected to

28  be a health care practitioner licensed by the state shall

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

30  

31  

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

 2  arresting agency and lead investigator, detective, or officer

 3  in the case;

 4         (b)  The name of the person charged;

 5         (c)  All known personal identifying information related

 6  to the person arrested;

 7         (d)  The date of the arrest;

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

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

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

11  statement of the allegations supporting the arrest.

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

13  the filing of an indictment or information against a person

14  known or suspected to be a health care practitioner licensed

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

16  information to the Department of Health.

17         (3)  The Medical Examiners Commission within the

18  Department of Law Enforcement shall report to the Department

19  of Health quarterly any information in its possession

20  regarding the deaths of persons who had lethal levels of

21  controlled substances in their bodies as such information has

22  been reported to the commission by the medical examiners

23  within the state.

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

25  enforcement agency or notice of formal charging by a

26  prosecuting entity, the Department of Health or the board

27  having regulatory authority over the practitioner shall

28  investigate any information received and determine whether it

29  has reasonable grounds to believe that the practitioner has

30  violated any law or rule relating to the practitioner's

31  practice and shall take appropriate licensure action as

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    Florida Senate - 2002                                  SB 28-E
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 1  provided by law or rule. If the Department of Health receives

 2  information pursuant to this section which suggests that the

 3  person arrested or charged is also licensed by the state in

 4  another field or profession, the Department of Health shall

 5  forward such information to the appropriate licensing entity

 6  for review and appropriate licensure action as provided by law

 7  or rule.

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

 9  boards control the diversion and resultant abuse of controlled

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

11  Enforcement shall study the feasibility of expanding the

12  electronic exchange of information to facilitate the transfer

13  to the Department of Health of criminal-history information

14  involving licensed health care practitioners who are

15  authorized to prescribe, administer, or dispense controlled

16  substances. The study must address whether the collection and

17  retention of fingerprint information concerning licensed

18  health care practitioners subject to the profiling provisions

19  of sections 456.039 and 456.0391, Florida Statutes, is

20  advisable as a means of better regulating such practitioners

21  and guarding against abuse of the privileges of such licensure

22  with respect to controlling the diversion and resultant abuse

23  of controlled substances. The Department of Law Enforcement

24  shall investigate the feasibility of the electronic

25  transmission of information from medical examiners within this

26  state to the Department of Health regarding autopsies and

27  other public reports that attribute death to

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

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

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

31  

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 1         Section 5.  Electronic monitoring system for

 2  prescriptions.--

 3         (1)  By July 1, 2003, the Bureau of Pharmacy Services

 4  of the Department of Health shall design and establish an

 5  electronic system consistent with the National Council of

 6  Prescription Drug Programs (NCPDP) standards or the American

 7  Society for Automation in Pharmacy (ASAP) standards to monitor

 8  the prescribing of Schedule II controlled substances; other

 9  drugs designated by rule by the Secretary of Health under this

10  section; and codeine, hydrocodone, dihydrocodeine,

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

12  Schedule III, by health care practitioners within the state or

13  the dispensing of such controlled substances to an address

14  within the state by a pharmacy permitted or registered by the

15  Board of Pharmacy. The Bureau of Pharmacy Services of the

16  Department of Health may administer or contract for the

17  administration of the electronic monitoring system established

18  under this section.

19         (2)  All Schedule II controlled substances; codeine,

20  hydrocodone, dihydrocodeine, ethylmorphine, and morphine as

21  scheduled in Schedule II and Schedule III; and any other drug

22  designated by the Secretary of Health under this section shall

23  be included in the electronic monitoring system. The Secretary

24  of Health may, by rule, designate any other drug for inclusion

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

26  drug of abuse. The Secretary of Health must consider the

27  recommendations of the prescription-monitoring advisory

28  council created by this section before designating a drug of

29  abuse for inclusion in the electronic monitoring system and

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

31  regulation over the prescribing and dispensing of such drug is

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

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

 3  drug trafficking.

 4         (3)  Beginning September 1, 2002, or upon the effective

 5  date of the rule prescribing the format for the electronic

 6  monitoring system, whichever occurs later, each controlled

 7  substance or drug subject to this section which is dispensed

 8  in this state must be timely reported to the Bureau of

 9  Pharmacy Services of the Department of Health. Such data must

10  be reported each time that:

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

12         (b)  A drug that is designated by the Secretary of

13  Health under subsection (2) is dispensed; or

14         (c)  Codeine, hydrocodone, dihydrocodeine,

15  ethylmorphine, or morphine as scheduled in Schedule II and

16  Schedule III is dispensed.

17         (4)  This section does not apply to controlled

18  substances or drugs:

19         (a)  Ordered from an institutional pharmacy licensed

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

21  the institutional policy for such controlled substances or

22  drugs; or

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

24  patient or resident receiving care from a hospital, nursing

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

26  or intermediate care facility for the developmentally disabled

27  which is licensed in this state.

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

29         (a)  The patient's name.

30         (b)  The patient's address.

31  

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

 2  dispensed.

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

 4         (e)  The quantity of substance dispensed.

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

 6  Pharmacy (NABP) number.

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

 8  Enforcement Administration Number.

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

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

11         (7)  A dispenser must transmit the information required

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

13  the Board of Pharmacy after consultation with the advisory

14  council and the Bureau of Pharmacy Services of the Department

15  of Health unless a specific waiver is granted to that

16  dispenser by the Bureau of Pharmacy Services. The information

17  transmitted may be maintained by any department receiving it

18  for up to 12 months. However, any department receiving such

19  information may maintain it longer than 12 months if the

20  information is pertinent to an ongoing investigation arising

21  under this act. Notwithstanding section 119.041, Florida

22  Statutes, the information transmitted under this section for

23  each prescription dispensed must be purged from the electronic

24  monitoring system within 2 years after the date of the

25  prescription. For purposes of this subsection, a refill of a

26  prescription is a new prescription.

27         (8)  The Bureau of Pharmacy Services of the Department

28  of Health shall establish a 15-member prescription-monitoring

29  advisory council to assist it in identifying drugs of abuse

30  for inclusion in the monitoring system and in implementing the

31  system.

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

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

 3  Secretary of Health or his or her designee, who shall serve as

 4  the chairperson; the Attorney General or his or her designee;

 5  the executive director of the Department of Law Enforcement or

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

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

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

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

10  Florida Medical Association; a physician who is licensed in

11  this state under chapter 458 or chapter 459, Florida Statutes,

12  who is recommended by the Florida Academy of Pain Medicine; a

13  physician who is licensed in this state under chapter 459,

14  Florida Statutes, who is recommended by the Florida

15  Osteopathic Medical Association; a physician who is licensed

16  in this state under chapter 458 or chapter 459, Florida

17  Statutes, who is recommended by the Florida Academy of Family

18  Physicians; a podiatric physician who is licensed in this

19  state under chapter 461, Florida Statutes, who is recommended

20  by the Florida Podiatric Medical Association; a pharmacist who

21  is licensed in this state under chapter 465, Florida Statutes,

22  who is recommended by the Florida Pharmacy Association; a

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

24  Florida Statutes, who is recommended by the Florida Retail

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

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

27  National Community Pharmacy Association; a dentist who is

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

29  who is recommended by the Florida Dental Association; a

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

31  Florida Statutes, who is recommended by the Florida Veterinary

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

 2  criminal prosecution of drug-diversion cases.

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

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

 5  serve without compensation. However, such members may receive

 6  reimbursement, as provided in section 112.061, Florida

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

 8  performance of their official duties.

 9         (c)  The Bureau of Pharmacy Services of the Department

10  of Health shall provide staff and other administrative

11  assistance that is reasonably necessary to assist the advisory

12  council in carrying out its responsibilities.

13         (9)  The Bureau of Pharmacy Services of the Department

14  of Health shall submit a report to the President of the Senate

15  and the Speaker of the House of Representatives by March 1,

16  2003, which recommends performance-based measures for the

17  electronic monitoring system established under this section

18  and provides the status of implementation of the system. By

19  July 1 of each year, beginning in 2004, the Bureau of Pharmacy

20  Services shall report to the President of the Senate and the

21  Speaker of the House of Representatives on the status of

22  implementation of the electronic monitoring system. The annual

23  report must include a report of the Bureau of Pharmacy

24  Services' compliance with any performance-based measures

25  established by the Legislature for the electronic monitoring

26  system and other relevant statistics and information.

27         (10)  The Bureau of Pharmacy Services of the Department

28  of Health shall use the electronic monitoring system

29  established under this section for the principal purpose of

30  the reasonable monitoring of prescription practices by

31  licensed health care practitioners. The Bureau of Pharmacy

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 1  Services shall make an effort to identify licensed health care

 2  practitioners who may be involved, knowingly or unknowingly,

 3  in the unauthorized prescribing, dispensing, or receipt of

 4  controlled substances or drugs of abuse, whether by means of

 5  prescription counterfeiting, fraud, forgery, over-prescribing,

 6  or any other method. The Bureau of Pharmacy Services shall

 7  immediately refer any case of possible unauthorized conduct

 8  identified through the electronic monitoring system to the

 9  appropriate licensing board, if the facts support a

10  disciplinary complaint, or to an appropriate law enforcement

11  agency. The Bureau of Pharmacy Services may provide

12  information contained in the electronic monitoring system to a

13  licensed health care practitioner for the purpose of providing

14  diagnostic or treatment services to the patient or consumer

15  identified in the information.

16         (11)  Funds from the Medical Quality Assurance Trust

17  Fund may not be used to establish, use, or maintain the

18  electronic monitoring system.

19         (12)  The Bureau of Pharmacy Services of the Department

20  of Health shall adopt rules pursuant to section 120.536(1) and

21  section 120.574, Florida Statutes, necessary to administer

22  this section.

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

24  Florida Statutes, are amended to read:

25         456.033  Requirement for instruction for certain

26  licensees on HIV and AIDS.--

27         (1)  The appropriate board shall require each person

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

29  459; chapter 460; chapter 461; chapter 463; part I of chapter

30  464; chapter 465; chapter 466; part II, part III, part V, or

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

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 1  educational course, approved by the board, on human

 2  immunodeficiency virus and acquired immune deficiency syndrome

 3  as part of biennial relicensure or recertification. The course

 4  shall consist of education on the modes of transmission,

 5  infection control procedures, clinical management, and

 6  prevention of human immunodeficiency virus and acquired immune

 7  deficiency syndrome. Such course shall include information on

 8  current Florida law on acquired immune deficiency syndrome and

 9  its impact on testing, confidentiality of test results,

10  treatment of patients, and any protocols and procedures

11  applicable to human immunodeficiency virus counseling and

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

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

14  and 384.25.

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

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

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

18  licensee completed an approved AIDS/HIV course in the

19  immediately preceding biennium.

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

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

22  completed an approved AIDS/HIV course in the immediately

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

24  of Dentistry.

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

26  456.072, Florida Statutes, is amended to read:

27         456.072  Grounds for discipline; penalties;

28  enforcement.--

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

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

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

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 1  practice act, including conduct constituting a substantial

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

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

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

 5  penalties:

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

 7  $25,000 $10,000 for each count or separate offense. If the

 8  violation is for fraud or making a false or fraudulent

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

10  board, must impose a fine of $25,000 $10,000 per count or

11  offense.

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

13  section 458.345, Florida Statutes, to read:

14         458.345  Registration of resident physicians, interns,

15  and fellows; list of hospital employees; prescribing of

16  medicinal drugs; penalty.--

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

18  physician, assistant resident physician, house physician,

19  intern, or fellow in fellowship training which leads to

20  subspecialty board certification in this state, or any person

21  desiring to practice as a resident physician, assistant

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

23  fellowship training in a teaching hospital in this state as

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

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

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

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

28  register any applicant the board certifies has met the

29  following requirements:

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

31  1-hour educational course in the prescribing of controlled

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

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

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

 4  requirement.

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

 6  of section 461.013, Florida Statutes, to read:

 7         461.013  Grounds for disciplinary action; action by the

 8  board; investigations by department.--

 9         (1)  The following acts constitute grounds for denial

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

11  456.072(2):

12         (dd)  Presigning blank prescription forms.

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

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

15  to read:

16         893.04  Pharmacist and practitioner.--

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

18  professional practice only, may dispense controlled substances

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

20  the following conditions:

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

22  controlled substance; codeine, hydrocodone, dihydrocodeine,

23  ethylmorphine, or morphine as scheduled in Schedule II and

24  Schedule III; or a drug of abuse designated by the Secretary

25  of Health by rule under the prescription-monitoring system to

26  any individual not personally known to the pharmacist without

27  first obtaining suitable identification and documenting, in a

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

29  individual obtaining the controlled substance. The log book

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

31  if available, driver's license number or other suitable

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 1  identification number, and signature of the person obtaining

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

 3  have suitable identification or it is impracticable to obtain

 4  such identification, the pharmacist may dispense the

 5  controlled substance or drug only when the pharmacist

 6  determines, in the exercise of her or his professional

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

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

 9  obtain the other information required under this paragraph,

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

11  to indicate that suitable identification was not available and

12  that the pharmacist's professional judgment was exercised

13  prior to dispensing the controlled substance or drug. The

14  Board of Pharmacy may adopt, by rule, procedures by which a

15  pharmacist must verify the validity of a prescription for a

16  Schedule II controlled substance; other drug designated by the

17  Secretary of Health under this section; or codeine,

18  hydrocodone, dihydrocodeine, ethylmorphine, or morphine as

19  scheduled in Schedule II and Schedule III, for circumstances

20  when it is otherwise impracticable for the pharmacist or

21  dispensing practitioner to obtain suitable identification from

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

23  section, identification is suitable only if it contains the

24  photograph, the printed name, and the signature of the

25  individual obtaining the Schedule II controlled substance or

26  drug of abuse under the prescription-monitoring system.

27         (i)  Any pharmacist that dispenses a Schedule II

28  controlled substance or drug subject to the requirements of

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

30  requirements to obtain suitable identification.

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    Florida Senate - 2002                                  SB 28-E
    16-2376-02




 1         (j)  All prescriptions issued for a Schedule II

 2  controlled substance; codeine, hydrocodone, dihydrocodeine,

 3  ethylmorphine, or morphine as scheduled in Schedule II and

 4  Schedule III; or a drug of abuse under the

 5  prescription-monitoring system which has been designated by

 6  the Secretary of Health by rule, must include both a written

 7  and numerical notation of quantity on the face of the

 8  prescription.

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

10  supply of a controlled substance listed in Schedule III upon

11  an oral prescription.

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

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

14  substance; codeine, hydrocodone, dihydrocodeine,

15  ethylmorphine, and morphine as scheduled in Schedule II and

16  Schedule III; or a drug of abuse under the

17  prescription-monitoring system which has been designated by

18  the Secretary of Health by rule.

19         Section 11.  If any law that is amended by this act was

20  also amended by a law enacted at the 2002 Regular Session of

21  the Legislature, such laws shall be construed as if they had

22  been enacted at the same session of the Legislature, and full

23  effect should be given to each if that is possible.

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

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    Florida Senate - 2002                                  SB 28-E
    16-2376-02




 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires the Board of Medicine and the Board of
      Osteopathic Medicine to adopt rules governing the
 4    prescribing of controlled substances. Requires health
      care providers to complete an educational course on
 5    prescribing controlled substances. Authorizes the
      Department of Health to suspend the license of a health
 6    care professional for a prescribing violation. Requires
      that the Department of Health and the Department of Law
 7    Enforcement, the Statewide Prosecutor, and State
      Attorneys share certain information regarding health care
 8    practitioners. Requires that the Bureau of Pharmacy
      Services of the Department of Health establish an
 9    electronic monitoring system to monitor the prescribing
      of certain controlled substances and drugs. Prohibits a
10    health care practitioner from presigning blank
      prescription forms. Requires that a pharmacist obtain the
11    identification of any person obtaining a controlled
      substance. (See bill for details.)
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