HB 1517 2003
1	A bill to be entitled
2	An act relating to pharmacy; creating s. 465.0158, F.S.;
3	requiring an on-line pharmacy to have a written
4	prescription from a physician licensed by this state
5	before selling or dispensing a controlled substance to a
6	person residing in this state; providing for facsimile
7	transmission and verification of such prescription;
8	amending s. 499.01, F.S.; requiring on-line pharmacies to
9	obtain a permit to operate under pt. I of ch. 499, F.S.,
10	the Florida Drug and Cosmetic Act; amending s. 499.081,
11	F.S.; providing that on-line pharmacies are not carriers
12	exempt from pt. I of ch. 499, F.S.; providing an effective
13	date.
14
15	WHEREAS, medicinal drugs, including controlled substances,
16	are being provided to the public through on-line pharmacies
17	without consultation of or prescription by a physician the
18	patient has seen in person, and
19	WHEREAS, drugs provided on-line without consultation with
20	or prescription by a physician in person may be inappropriate
21	for the patient and potentially deadly, and
22	WHEREAS, drugs provided through on-line pharmacies may
23	endanger those persons who are addicted or disposed to addiction
24	to drugs by giving them easy access to those drugs to further
25	their addiction, and
26	WHEREAS, drugs provided through on-line pharmacies may be
27	obtained in quantities large enough to be used for illicit sale
28	in circumvention of drug abuse laws, and
29	WHEREAS, as a result, the state has a compelling interest
30	in placing reasonable limitations on on-line pharmacies to
31	protect the health, safety, and welfare of the public, NOW,
32	THEREFORE,
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1. Section 465.0158, Florida Statutes, is created
37	to read:
38	465.0158 On-line pharmacies; dispensing of controlled
39	substances.--An on-line pharmacy may not sell or dispense a
40	controlled substance, as defined in s. 893.02, to a person
41	residing in this state without having a written prescription for
42	that substance provided by a physician licensed under chapter
43	458 or an osteopathic physician licensed under chapter 459. The
44	prescription may be provided by facsimile transmission, if
45	confirmed at the time by audio communication of the prescribing
46	physician via telephonic, electronic, or similar means.
47	Section 2. Paragraph (d) of subsection (1) of section
48	499.01, Florida Statutes, is amended to read:
49	499.01 Permits; applications; renewal; general
50	requirements.--
51	(1) Any person that is required under ss. 499.001-499.081
52	to have a permit must apply to the department on forms furnished
53	by the department.
54	(d) A permit is required for each establishment that
55	operates as a:
56	1. Prescription drug manufacturer;
57	2. Over-the-counter drug manufacturer;
58	3. Compressed medical gas manufacturer;
59	4. Device manufacturer;
60	5. Cosmetic manufacturer;
61	6. Prescription drug wholesaler;
62	7. Compressed medical gas wholesaler;
63	8. Out-of-state prescription drug wholesaler;
64	9. Retail pharmacy drug wholesaler;
65	10. Veterinary legend drug retail establishment;
66	11. Medical oxygen retail establishment;
67	12. Complimentary drug distributor; or
68	13. Restricted prescription drug distributor; or
69	14. On-line pharmacy.
70	Section 3. Section 499.081, Florida Statutes, is amended
71	to read:
72	499.081 Carriers in interstate commerce exempted from ss.
73	499.001-499.081.--Carriers engaged in interstate commerce are
74	not subject to ss. 499.001-499.081 if they are engaged in the
75	usual course of business as carriers. An on-line pharmacy may
76	not be considered a carrier for purposes of this section.
77	Section 4. This act shall take effect upon becoming a law.