Senate Bill sb2310

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2310

    By Senator Crist





    12-1709-03                                         See HB 1517

  1                      A bill to be entitled

  2         An act relating to pharmacy; creating s.

  3         465.0158, F.S.; requiring an on-line pharmacy

  4         to have a written prescription from a physician

  5         licensed by this state before selling or

  6         dispensing a controlled substance to a person

  7         residing in this state; providing for facsimile

  8         transmission and verification of such

  9         prescription; amending s. 499.01, F.S.;

10         requiring on-line pharmacies to obtain a permit

11         to operate under pt. I of ch. 499, F.S., the

12         Florida Drug and Cosmetic Act; amending s.

13         499.081, F.S.; providing that on-line

14         pharmacies are not carriers exempt from pt. I

15         of ch. 499, F.S.; providing an effective date.

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17         WHEREAS, medicinal drugs, including controlled

18  substances, are being provided to the public through on-line

19  pharmacies without consultation of or prescription by a

20  physician the patient has seen in person, and

21         WHEREAS, drugs provided on-line without consultation

22  with or prescription by a physician in person may be

23  inappropriate for the patient and potentially deadly, and

24         WHEREAS, drugs provided through on-line pharmacies may

25  endanger those persons who are addicted or disposed to

26  addiction to drugs by giving them easy access to those drugs

27  to further their addiction, and

28         WHEREAS, drugs provided through on-line pharmacies may

29  be obtained in quantities large enough to be used for illicit

30  sale in circumvention of drug abuse laws, and

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






    Florida Senate - 2003                                  SB 2310
    12-1709-03                                         See HB 1517




 1         WHEREAS, as a result, the state has a compelling

 2  interest in placing reasonable limitations on on-line

 3  pharmacies to protect the health, safety, and welfare of the

 4  public, NOW, THEREFORE,

 5  

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

 7  

 8         Section 1.  Section 465.0158, Florida Statutes, is

 9  created to read:

10         465.0158  On-line pharmacies; dispensing of controlled

11  substances.--An on-line pharmacy may not sell or dispense a

12  controlled substance, as defined in s. 893.02, to a person

13  residing in this state without having a written prescription

14  for that substance provided by a physician licensed under

15  chapter 458 or an osteopathic physician licensed under chapter

16  459. The prescription may be provided by facsimile

17  transmission, if confirmed at the time by audio communication

18  of the prescribing physician via telephonic, electronic, or

19  similar means.

20         Section 2.  Paragraph (d) of subsection (1) of section

21  499.01, Florida Statutes, is amended to read:

22         499.01  Permits; applications; renewal; general

23  requirements.--

24         (1)  Any person that is required under ss.

25  499.001-499.081 to have a permit must apply to the department

26  on forms furnished by the department.

27         (d)  A permit is required for each establishment that

28  operates as a:

29         1.  Prescription drug manufacturer;

30         2.  Over-the-counter drug manufacturer;

31         3.  Compressed medical gas manufacturer;

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






    Florida Senate - 2003                                  SB 2310
    12-1709-03                                         See HB 1517




 1         4.  Device manufacturer;

 2         5.  Cosmetic manufacturer;

 3         6.  Prescription drug wholesaler;

 4         7.  Compressed medical gas wholesaler;

 5         8.  Out-of-state prescription drug wholesaler;

 6         9.  Retail pharmacy drug wholesaler;

 7         10.  Veterinary legend drug retail establishment;

 8         11.  Medical oxygen retail establishment;

 9         12.  Complimentary drug distributor; or

10         13.  Restricted prescription drug distributor; or

11         14.  On-line pharmacy.

12         Section 3.  Section 499.081, Florida Statutes, is

13  amended to read:

14         499.081  Carriers in interstate commerce exempted from

15  ss. 499.001-499.081.--Carriers engaged in interstate commerce

16  are not subject to ss. 499.001-499.081 if they are engaged in

17  the usual course of business as carriers. An on-line pharmacy

18  may not be considered a carrier for purposes of this section.

19         Section 4.  This act shall take effect upon becoming a

20  law.

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