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  

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    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;

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    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  

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