Senate Bill sb0178

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    Florida Senate - 2006        (Corrected Copy)           SB 178

    By Senator Saunders





    37-74-06

  1                      A bill to be entitled

  2         An act relating to controlled substances;

  3         creating s. 831.311, F.S.; prohibiting the

  4         sale, manufacture, alteration, delivery,

  5         uttering, or possession of

  6         counterfeit-resistant prescription blanks for

  7         controlled substances; providing penalties;

  8         amending s. 893.04, F.S.; providing additional

  9         requirements for the dispensing of a controlled

10         substance listed in Schedule II, Schedule III,

11         or Schedule IV; providing rulemaking authority

12         to the Board of Pharmacy; creating s. 893.055,

13         F.S.; requiring the Department of Health to

14         establish an electronic system to monitor the

15         prescribing of controlled substances listed in

16         Schedules II, III, and IV; requiring the

17         dispensing of such controlled substances to be

18         reported through the system; providing

19         exceptions; providing reporting requirements;

20         providing penalties; requiring that the

21         department and regulatory boards adopt rules;

22         requiring the department to cover all costs for

23         the system; providing for annual

24         appropriations, subject to availability of

25         funds; prohibiting using funds from the Medical

26         Quality Assurance Trust Fund to administer the

27         program; creating s. 893.065, F.S.; requiring

28         the department to develop and adopt by rule the

29         form and content for a counterfeit-proof

30         prescription blank for voluntary use by

31         physicians to prescribe a controlled substance

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    Florida Senate - 2006        (Corrected Copy)           SB 178
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 1         listed in Schedule II, Schedule III, or

 2         Schedule IV; providing an appropriation and

 3         authorizing additional positions; providing for

 4         the contingent applicability of penalties;

 5         providing contingent effective dates.

 6  

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

 8  

 9         Section 1.  Section 831.311, Florida Statutes, is

10  created to read:

11         831.311  Unlawful sale, manufacture, alteration,

12  delivery, uttering, or possession of counterfeit-resistant

13  prescription blanks for controlled substances listed in

14  Schedules II, III, and IV.--

15         (1)  It is unlawful for any person having the intent to

16  injure or defraud any person or to facilitate any violation of

17  s. 893.13 to sell, manufacture, alter, deliver, utter, or

18  possess any counterfeit-resistant prescription blanks for

19  controlled substances, the form and content of which are

20  adopted by rule of the Department of Health pursuant to s.

21  893.065.

22         (2)  Any person who violates this section commits a

23  felony of the third degree, punishable as provided in s.

24  775.082, s. 775.083, or s. 775.084.

25         Section 2.  Section 893.04, Florida Statutes, is

26  amended to read:

27         893.04  Pharmacist and practitioner.--

28         (1)  A pharmacist, in good faith and in the course of

29  professional practice only, may dispense controlled substances

30  upon a written or oral prescription of a practitioner, under

31  the following conditions:

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    Florida Senate - 2006        (Corrected Copy)           SB 178
    37-74-06




 1         (a)  Oral prescriptions must be promptly reduced to

 2  writing by the pharmacist or recorded electronically if

 3  permitted by federal law.

 4         (b)  The written prescription must be dated and signed

 5  by the prescribing practitioner on the day when issued.

 6         (c)  There shall appear on the face of the prescription

 7  or written record thereof for the controlled substance the

 8  following information:

 9         1.  The full name and address of the person for whom,

10  or the owner of the animal for which, the controlled substance

11  is dispensed.

12         2.  The full name and address of the prescribing

13  practitioner and the practitioner's federal controlled

14  substance registry number shall be printed thereon.

15         3.  If the prescription is for an animal, the species

16  of animal for which the controlled substance is prescribed.

17         4.  The name of the controlled substance prescribed and

18  the strength, quantity, and directions for use thereof.

19         5.  The number of the prescription, as recorded in the

20  prescription files of the pharmacy in which it is filled.

21         6.  The initials of the pharmacist filling the

22  prescription and the date filled.

23         (d)  The prescription shall be retained on file by the

24  proprietor of the pharmacy in which it is filled for a period

25  of 2 years.

26         (e)  Affixed to the original container in which a

27  controlled substance is delivered upon a prescription or

28  authorized refill thereof, as hereinafter provided, there

29  shall be a label bearing the following information:

30         1.  The name and address of the pharmacy from which

31  such controlled substance was dispensed.

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    Florida Senate - 2006        (Corrected Copy)           SB 178
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 1         2.  The date on which the prescription for such

 2  controlled substance was filled.

 3         3.  The number of such prescription, as recorded in the

 4  prescription files of the pharmacy in which it is filled.

 5         4.  The name of the prescribing practitioner.

 6         5.  The name of the patient for whom, or of the owner

 7  and species of the animal for which, the controlled substance

 8  is prescribed.

 9         6.  The directions for the use of the controlled

10  substance prescribed in the prescription.

11         7.  A clear, concise warning that it is a crime to

12  transfer the controlled substance to any person other than the

13  patient for whom prescribed.

14         (f)  A prescription for a controlled substance listed

15  in Schedule II may be dispensed only upon a written

16  prescription of a practitioner, except that in an emergency

17  situation, as defined by regulation of the Department of

18  Health, such controlled substance may be dispensed upon oral

19  prescription but is limited to a 72-hour supply. A No

20  prescription for a controlled substance listed in Schedule II

21  may not be refilled.

22         (g)  A No prescription for a controlled substance

23  listed in Schedule Schedules III, Schedule IV, or Schedule V

24  may not be filled or refilled more than five times within a

25  period of 6 months after the date on which the prescription

26  was written unless the prescription is renewed by a

27  practitioner.

28         (2)(a)  A pharmacist may not dispense a controlled

29  substance listed in Schedule II, Schedule III, or Schedule IV

30  to any patient or patient's agent without first determining,

31  in the exercise of her or his professional judgment, that the

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    Florida Senate - 2006        (Corrected Copy)           SB 178
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 1  order is valid. The pharmacist or pharmacist's agent must also

 2  obtain the patient or patient's agent identification

 3  information, in writing, electronic format, or other approved

 4  manner before dispensing any controlled substance. If the

 5  patient or patient's agent does not have appropriate

 6  identification, the pharmacist may dispense the controlled

 7  substance only when the pharmacist determines, in the exercise

 8  of her or his professional judgment, that the order is valid

 9  and includes such information in the patient's record. The

10  Board of Pharmacy may adopt, by rule, required

11  patient-identification information for controlled substances

12  and procedures for a pharmacist to verify the validity of a

13  prescription for controlled substances for circumstances in

14  which the pharmacist was not provided required identification

15  information.

16         (b)  Any pharmacist who dispenses by mail a controlled

17  substance listed in Schedule II, Schedule III, or Schedule IV

18  is exempt from the requirement to obtain suitable

19  identification for the prescription dispensed by mail.

20         (c)  Any controlled substance listed in Schedule III or

21  Schedule IV may be dispensed by a pharmacist upon an oral

22  prescription if, before filling the prescription, the

23  pharmacist reduces it to writing or records the prescription

24  electronically if permitted by federal law. Such prescriptions

25  must contain the date of the oral authorization.

26         (d)  Each written prescription prescribed by a

27  practitioner in this state for a controlled substance listed

28  in Schedule II, Schedule III, or Schedule IV must include both

29  a written and a numerical notation of the quantity on the face

30  of the prescription and a notation of the date, with the

31  abbreviated month written out on the face of the prescription.

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    Florida Senate - 2006        (Corrected Copy)           SB 178
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 1  A pharmacist may, upon verification by the prescriber,

 2  document any information required by this paragraph.

 3         (e)  A pharmacist may not dispense more than a 30-day

 4  supply of a controlled substance listed in Schedule III upon

 5  an oral prescription issued in this state.

 6         (f)  A pharmacist may not knowingly fill a prescription

 7  that has been forged for a controlled substance listed in

 8  Schedule II, Schedule III, or Schedule IV.

 9         (3)(2)  Notwithstanding the provisions of subsection

10  (1), a pharmacist may dispense a one-time emergency refill of

11  up to a 72-hour supply of the prescribed medication for any

12  medicinal drug other than a medicinal drug listed in Schedule

13  II, in compliance with the provisions of s. 465.0275.

14         (4)(3)  The legal owner of any stock of controlled

15  substances in a pharmacy, upon discontinuance of dealing in

16  controlled substances, may sell said stock to a manufacturer,

17  wholesaler, or pharmacy.  Such controlled substances may be

18  sold only upon an order form, when such an order form is

19  required for sale by the drug abuse laws of the United States

20  or this state, or regulations pursuant thereto.

21         Section 3.  Section 893.055, Florida Statutes, is

22  created to read:

23         893.055  Electronic-monitoring system for prescription

24  of controlled substances listed in Schedules II, III, and

25  IV.--

26         (1)  By June 30, 2007, the Department of Health shall

27  design and establish an electronic system consistent with

28  standards of the American Society for Automation in Pharmacy

29  to monitor the prescribing and dispensing of controlled

30  substances listed in Schedules II, III, and IV by health care

31  practitioners within the state and the dispensing of such

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    Florida Senate - 2006        (Corrected Copy)           SB 178
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 1  controlled substances to an individual at a specific address

 2  within the state by a pharmacy permitted or registered by the

 3  Board of Pharmacy.

 4         (2)  Any controlled substance listed in Schedule II,

 5  Schedule III, or Schedule IV which is dispensed to an

 6  individual in this state must be reported to the Department of

 7  Health through the system as soon thereafter as possible, but

 8  not more than 35 days after the date the controlled substance

 9  is dispensed, each time the controlled substance is dispensed.

10  A pharmacy may meet the reporting requirements of this section

11  by providing to the Department of Health an exchangeable

12  electronic disc or tape of each controlled substance listed in

13  Schedule II, Schedule III, or Schedule IV which it dispenses.

14         (3)  This section does not apply to controlled

15  substances:

16         (a)  Administered by a health care practitioner

17  directly to a patient.

18         (b)  Dispensed by a health care practitioner authorized

19  to prescribe controlled substances directly to a patient and

20  limited to an amount adequate to treat the patient for a

21  period of no more than 72 hours.

22         (c)  Dispensed by a health care practitioner or a

23  pharmacist to an inpatient of a facility that holds an

24  institutional pharmacy permit.

25         (d)  Ordered from an institutional pharmacy permitted

26  under s. 465.019 in accordance with the institutional policy

27  for such controlled substances or drugs.

28         (e)  Dispensed by a pharmacist or administered by a

29  health care practitioner to a patient or resident receiving

30  care from a hospital, nursing home, assisted living facility,

31  

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    Florida Senate - 2006        (Corrected Copy)           SB 178
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 1  home health agency, hospice, or intermediate care facility for

 2  the developmentally disabled which is licensed in this state.

 3         (f)  Prescribed by a health care practitioner for a

 4  patient younger than 16 years of age.

 5         (4)  The data required to be reported under this

 6  section shall be determined by the Department of Health by

 7  rule but may include any data required under s. 893.04.

 8         (5)  A practitioner or pharmacist who dispenses a

 9  controlled substance under this section must submit the

10  information required by this section in an electronic or other

11  format approved by rule of the Department of Health. The cost

12  to the dispenser in submitting the information required by

13  this section may not be material or extraordinary. Costs not

14  considered to be material or extraordinary include, but are

15  not limited to, regular postage, compact discs, zip-drive

16  storage, regular electronic mail, magnetic tapes, diskettes,

17  and facsimile charges. The information submitted to the

18  Department of Health under this section may be transmitted to

19  any person or agency authorized to receive it pursuant to

20  section 1 of Senate Bill ____, or similar legislation, and

21  that person or agency may maintain the information received

22  for up to 24 months before purging the information from its

23  records. All transmissions required by this subsection must

24  comply with relevant federal and state privacy and security

25  laws. However, any authorized agency receiving such

26  information may maintain it for longer than 24 months if the

27  information is pertinent to an ongoing investigation or

28  prosecution.

29         (6)  Any person who knowingly fails to report the

30  dispensing of a controlled substance listed in Schedule II,

31  Schedule III, or Schedule IV as required by this section

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    Florida Senate - 2006        (Corrected Copy)           SB 178
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 1  commits a misdemeanor of the first degree, punishable as

 2  provided in s. 775.082 or s. 775.083.

 3         (7)  The Department of Health and the regulatory boards

 4  for the health care practitioners subject to this section

 5  shall adopt rules pursuant to ss. 120.536(1) and 120.54 to

 6  administer this section.

 7         (8)  All costs incurred by the Department of Health in

 8  administering the prescription-monitoring system shall be

 9  borne by the department, and an amount necessary to cover such

10  costs shall be appropriated annually, subject to the

11  availability of funds, from the Grants and Donations Trust

12  Fund. The Medical Quality Assurance Trust Fund may not be used

13  to administer or otherwise fund this program.

14         Section 4.  Section 893.065, Florida Statutes, is

15  created to read:

16         893.065  Counterfeit-resistant prescription blanks for

17  controlled substances listed in Schedules II, III, and

18  IV.--The Department of Health shall develop and adopt by rule

19  the form and content for a counterfeit-resistant prescription

20  blank which may be used by practitioners to prescribe a

21  controlled substance listed in Schedule II, Schedule III, or

22  Schedule IV. The Department of Health may require the

23  prescription blanks to be printed on distinctive, watermarked

24  paper and to bear the preprinted name, address, and category

25  of professional licensure of the practitioner and that

26  practitioner's federal registry number for controlled

27  substances. The prescription blanks may not be transferred.

28         Section 5.  The sum of $2,196,352 is appropriated from

29  the Grants and Donations Trust Fund to the Department of

30  Health, and three additional full-time equivalent positions

31  are authorized for the 2006-2007 fiscal year to implement the

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    Florida Senate - 2006        (Corrected Copy)           SB 178
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 1  provisions of ss. 893.055 and 893.065, Florida Statutes, as

 2  created by this act.

 3         Section 6.  The penalties created in ss. 831.311(2) and

 4  893.055(6), Florida Statutes, by this act shall take effect

 5  only upon the adoption by the Department of Health and each

 6  applicable professional regulatory board of the rules required

 7  pursuant to ss. 893.055(7) and 893.065, Florida Statutes, as

 8  created by this act.

 9         Section 7.  Except as otherwise expressly provided in

10  this act, this act shall take effect July 1, 2006, if Senate

11  Bill ____, or similar legislation, is adopted in the same

12  legislative session or an extension thereof and becomes law.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Revises various laws governing the dispensing of
      controlled substances. Prohibits the sale, manufacture,
17    alteration, delivery, uttering, or possession of
      counterfeit-resistant prescription blanks. Requires that
18    the Department of Health establish an electronic system
      to monitor the prescribing of controlled substances.
19    Provides penalties for failing to report as required.
      (See bill for details.)
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