Senate Bill sb1738c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                           CS for SB 1738

    By the Committee on Health, Aging, and Long-Term Care; and
    Senator Fasano




    317-2488-03

  1                      A bill to be entitled

  2         An act relating to prescriptions for medicinal

  3         drugs; creating s. 456.0392, F.S.; requiring

  4         certain practitioners to include specified

  5         information on prescriptions; providing that

  6         certain prescriptions shall be presumed valid;

  7         providing an effective date.

  8  

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

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11         Section 1.  Section 456.0392, Florida Statutes, is

12  created to read:

13         456.0392  Prescription labeling.--

14         (1)  A prescription written by a practitioner who is

15  authorized under the laws of this state to write prescriptions

16  for drugs that are not controlled substances listed in chapter

17  893 but who is not eligible for a federal drug enforcement

18  administration number shall include that practitioner's name

19  and professional license number. The pharmacist or dispensing

20  practitioner must include the practitioner's name on the

21  container of the drug that is dispensed. A pharmacist shall be

22  permitted, upon verification by the prescriber, to document

23  any information required by this section.

24         (2)  A prescription for a drug that is not a controlled

25  substance listed in chapter 893 written by an advanced

26  registered nurse practitioner certified under s. 464.012 is

27  presumed, subject to rebuttal, to be valid and within the

28  parameters of the prescriptive authority delegated by a

29  practitioner licensed under chapter 458, chapter 459, or

30  chapter 466.

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    Florida Senate - 2003                           CS for SB 1738
    317-2488-03




 1         (3)  A prescription for a drug that is not a controlled

 2  substance listed in chapter 893 written by a physician

 3  assistant licensed under chapter 458 or chapter 459 is

 4  presumed, subject to rebuttal, to be valid and within the

 5  parameters of the prescriptive authority delegated by the

 6  physician assistant's supervising physician.

 7         Section 2.  This act shall take effect July 1, 2003.

 8  

 9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 1738

11                                 

12  The Committee Substitute no longer creates a criminal offense
    that makes it unlawful for any person, firm, or corporation to
13  require the use on a prescription of a federally issued
    registration number that authorizes the prescriber to
14  prescribe controlled substances or scheduled drugs when that
    use is not otherwise required by federal or state law or rule.
15  
    In lieu of the criminal offense, the Committee Substitute
16  requires a prescription written by a practitioner who is
    authorized under the laws of Florida to write prescriptions
17  for drugs that are not controlled substances but who is not
    eligible for a federal drug enforcement administration number
18  to include that practitioner's name and professional license
    number. The pharmacist or dispensing practitioner must include
19  the practitioner's name on the container of the drug that is
    dispensed. The pharmacist may document any required
20  information as specified in the bill. A prescription written
    by a Florida-licensed advanced registered nurse practitioner
21  or physician assistant for a drug that is a not a controlled
    substance is presumed, subject to rebuttal, to be valid and
22  within the parameters of the prescriptive authority delegated
    to the advanced registered nurse practitioner or physician
23  assistant who is prescribing the drug.

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