HB 1449

CS

CHAMBER ACTION

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

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