HB 1449

1	A bill to be entitled
2	An act relating to controlled substances; creating s.
3	831.311, F.S.; prohibiting the sale, manufacture,
4	alteration, delivery, uttering, or possession of
5	counterfeit-resistant prescription blanks for controlled
6	substances; providing penalties; amending s. 893.04, F.S.;
7	authorizing electronic recording of oral prescriptions for
8	a controlled substance; providing additional requirements
9	for the dispensing of a controlled substance listed in
10	Schedule II, Schedule III, or Schedule IV; providing
11	rulemaking authority to the Board of Pharmacy; creating s.
12	893.065, F.S.; requiring the Department of Health to
13	develop and adopt by rule the form and content for a
14	counterfeit-proof prescription blank for voluntary use by
15	physicians to prescribe a controlled substance listed in
16	Schedule II, Schedule III, or Schedule IV; providing
17	contingent applicability of penalties; requiring reports
18	of law enforcement agencies and medical examiners to
19	include specified information if a person dies of an
20	apparent overdose of a controlled substance listed in
21	Schedule II, Schedule III, or Schedule IV; providing an
22	effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Section 831.311, Florida Statutes, is created
27	to read:
28	831.311  Violations involving certain prescription blanks
29	for controlled substances in Schedules II-IV.--
30	(1)  It is unlawful for any person with the intent to
31	injure or defraud any person or to facilitate any violation of
32	s. 893.13 to sell, manufacture, alter, deliver, utter, or
33	possess any counterfeit-resistant prescription blank for
34	controlled substances as provided for in s. 893.065.
35	(2)  Any person who violates this section commits a felony
36	of the third degree, punishable as provided in s. 775.082, s.
37	775.083, or s. 775.084.
38	Section 2.  Section 893.04, Florida Statutes, is amended to
39	read:
40	893.04  Pharmacist and practitioner.--
41	(1)  A pharmacist, in good faith and in the course of
42	professional practice only, may dispense controlled substances
43	upon a written or oral prescription of a practitioner, under the
44	following conditions:
45	(a)  Oral prescriptions must be promptly reduced to writing
46	by the pharmacist or recorded electronically.
47	(b)  The written prescription must be dated and signed by
48	the prescribing practitioner on the day when issued.
49	(c)  There shall appear on the face of the prescription or
50	written record thereof for the controlled substance the
51	following information:
52	1.  The full name and address of the person for whom, or
53	the owner of the animal for which, the controlled substance is
54	dispensed.
55	2.  The full name and address of the prescribing
56	practitioner and the practitioner's federal controlled substance
57	registry number shall be printed thereon.
58	3.  If the prescription is for an animal, the species of
59	animal for which the controlled substance is prescribed.
60	4.  The name of the controlled substance prescribed and the
61	strength, quantity, and directions for use thereof.
62	5.  The number of the prescription, as recorded in the
63	prescription files of the pharmacy in which it is filled.
64	6.  The initials of the pharmacist filling the prescription
65	and the date filled.
66	(d)  The prescription shall be retained on file by the
67	proprietor of the pharmacy in which it is filled for a period of
68	2 years.
69	(e)  Affixed to the original container in which a
70	controlled substance is delivered upon a prescription or
71	authorized refill thereof, as hereinafter provided, there shall
72	be a label bearing the following information:
73	1.  The name and address of the pharmacy from which such
74	controlled substance was dispensed.
75	2.  The date on which the prescription for such controlled
76	substance was filled.
77	3.  The number of such prescription, as recorded in the
78	prescription files of the pharmacy in which it is filled.
79	4.  The name of the prescribing practitioner.
80	5.  The name of the patient for whom, or of the owner and
81	species of the animal for which, the controlled substance is
82	prescribed.
83	6.  The directions for the use of the controlled substance
84	prescribed in the prescription.
85	7.  A clear, concise warning that it is a crime to transfer
86	the controlled substance to any person other than the patient
87	for whom prescribed.
88	(f)  A prescription for a controlled substance listed in
89	Schedule II may be dispensed only upon a written prescription of
90	a practitioner, except that in an emergency situation, as
91	defined by regulation of the Department of Health, such
92	controlled substance may be dispensed upon oral prescription but
93	is limited to a 72-hour supply. No prescription for a controlled
94	substance listed in Schedule II may be refilled.
95	(g)  No prescription for a controlled substance listed in
96	Schedule Schedules III, Schedule IV, or Schedule V may be filled
97	or refilled more than five times within a period of 6 months
98	after the date on which the prescription was written unless the
99	prescription is renewed by a practitioner.
100	(2)(a)  A pharmacist may not dispense a controlled
101	substance listed in Schedule II, Schedule III, or Schedule IV to
102	any patient or patient's agent without first determining, in the
103	exercise of her or his professional judgment, that the order is
104	valid. The pharmacist or pharmacist's agent must also obtain the
105	patient's or the patient's agent's identification information,
106	in writing, electronic format, or other approved manner prior to
107	dispensing any controlled substance. If the patient or the
108	patient's agent does not have appropriate identification, the
109	pharmacist may dispense the controlled substance only when the
110	pharmacist determines, in the exercise of her or his
111	professional judgment, that the order is valid and includes such
112	information in the patient's record. The Board of Pharmacy may
113	adopt, by rule, required patient or patient agent identification
114	information for controlled substances and procedures for a
115	pharmacist to verify the validity of a prescription for
116	controlled substances for circumstances in which the pharmacist
117	is not provided required identification information.
118	(b)  Any pharmacist that dispenses by mail a controlled
119	substance listed in Schedule II, Schedule III, or Schedule IV
120	shall be exempt from the requirement to obtain suitable
121	identification for the prescription dispensed by mail.
122	(c)  Any controlled substance listed in Schedule III or
123	Schedule IV may be dispensed by a pharmacist upon an oral
124	prescription if, before filling the prescription, the pharmacist
125	reduces the prescription to writing or records it
126	electronically. Such prescriptions must contain the date of the
127	oral authorization.
128	(d)  Each written prescription from a practitioner in this
129	state for a controlled substance listed in Schedule II, Schedule
130	III, or Schedule IV must include both a written and a numerical
131	notation of the quantity on the face of the prescription and a
132	notation of the date with the abbreviated month written out on
133	the face of the prescription. A pharmacist may, upon
134	verification by the prescriber, document any information
135	required by this paragraph.
136	(e)  A pharmacist may not dispense more than a 30-day
137	supply of a controlled substance listed in Schedule III upon an
138	oral prescription issued in this state.
139	(f)  A pharmacist may not knowingly fill a prescription
140	that has been forged for a controlled substance listed in
141	Schedule II, Schedule III, or Schedule IV.
142	(3)(2)  Notwithstanding the provisions of subsection (1), a
143	pharmacist may dispense a one-time emergency refill of up to a
144	72-hour supply of the prescribed medication for any medicinal
145	drug other than a medicinal drug listed in Schedule II, in
146	compliance with the provisions of s. 465.0275.
147	(4)(3)  The legal owner of any stock of controlled
148	substances in a pharmacy, upon discontinuance of dealing in
149	controlled substances, may sell said stock to a manufacturer,
150	wholesaler, or pharmacy. Such controlled substances may be sold
151	only upon an order form, when such an order form is required for
152	sale by the drug abuse laws of the United States or this state,
153	or regulations pursuant thereto.
154	Section 3.  Section 893.065, Florida Statutes, is created
155	to read:
156	893.065  Counterfeit-resistant prescription blanks for
157	controlled substances listed in Schedules II-IV.--The Department
158	of Health shall develop and adopt by rule the form and content
159	for a counterfeit-resistant prescription blank that may be used
160	by practitioners to prescribe a controlled substance listed in
161	Schedule II, Schedule III, or Schedule IV. The Department of
162	Health may require the prescription blanks to be printed on
163	distinctive, watermarked paper and to bear the preprinted name,
164	address, and category of professional licensure of the
165	practitioner and that practitioner's federal registry number for
166	controlled substances. The prescription blanks may not be
167	transferred.
168	Section 4.  The penalties created in s. 831.311(2), Florida
169	Statutes, by this act shall be effective only upon the adoption
170	of the rules required pursuant to s. 893.065, Florida Statutes,
171	as created by this act.
172	Section 5.  If a person dies of an apparent drug overdose:
173	(1)  A law enforcement agency shall prepare a report
174	identifying each prescribed controlled substance listed in
175	Schedule II, Schedule III, or Schedule IV that is found on or
176	near the deceased or among the deceased's possessions. The
177	report must identify the person who prescribed the controlled
178	substance, if known or ascertainable. Thereafter, the law
179	enforcement agency shall submit a copy of the report to the
180	medical examiner.
181	(2)  A medical examiner who is preparing a report pursuant
182	to s. 406.11, Florida Statutes, shall include in the report
183	information identifying each prescribed controlled substance
184	listed in Schedule II, Schedule III, or Schedule IV that was
185	found in, on, or near the deceased or among the deceased's
186	possessions.
187	Section 6.  This act shall take effect July 1, 2005.

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