Senate Bill sb2310c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2310
By the Committee on Health, Aging, and Long-Term Care; and
Senator Crist
317-2041-03
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
5 practitioner licensed by this state before
6 selling or dispensing a controlled substance to
7 a person residing in this state; providing for
8 facsimile 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.
16
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
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2310
317-2041-03
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 practitioner as defined in s.
15 893.02. The prescription may be provided by facsimile
16 transmission, if confirmed at the time by audio communication
17 of the prescribing physician via telephonic, electronic, or
18 similar means.
19 Section 2. Paragraph (d) of subsection (1) of section
20 499.01, Florida Statutes, is amended to read:
21 499.01 Permits; applications; renewal; general
22 requirements.--
23 (1) Any person that is required under ss.
24 499.001-499.081 to have a permit must apply to the department
25 on forms furnished by the department.
26 (d) A permit is required for each establishment that
27 operates as a:
28 1. Prescription drug manufacturer;
29 2. Over-the-counter drug manufacturer;
30 3. Compressed medical gas manufacturer;
31 4. Device manufacturer;
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 2310
317-2041-03
1 5. Cosmetic manufacturer;
2 6. Prescription drug wholesaler;
3 7. Compressed medical gas wholesaler;
4 8. Out-of-state prescription drug wholesaler;
5 9. Retail pharmacy drug wholesaler;
6 10. Veterinary legend drug retail establishment;
7 11. Medical oxygen retail establishment;
8 12. Complimentary drug distributor; or
9 13. Restricted prescription drug distributor; or
10 14. On-line pharmacy.
11 Section 3. Section 499.081, Florida Statutes, is
12 amended to read:
13 499.081 Carriers in interstate commerce exempted from
14 ss. 499.001-499.081.--Carriers engaged in interstate commerce
15 are not subject to ss. 499.001-499.081 if they are engaged in
16 the usual course of business as carriers. An on-line pharmacy
17 may not be considered a carrier for purposes of this section.
18 Section 4. This act shall take effect upon becoming a
19 law.
20
21 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
22 Senate Bill 2310
23
24 The committee substitute expands the types of practitioners
who may provide a written prescription from an on-line
25 pharmacy from Florida-licensed medical or osteopathic
physicians to any "practitioner" as defined in section 893.02,
26 F.S. Section 893.02, F.S., defines "practitioner" to mean a
Florida-licensed medical physician, dentist, veterinarian,
27 osteopathic physician, naturopathic physician, or podiatrist,
if such practitioner holds a valid federal controlled
28 substance registry number.
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.