HB 1155

1
A bill to be entitled
2An act relating to drugs; amending s. 465.022, F.S.;
3requiring pharmacies doing business by Internet to
4receive, display, and maintain a specified certifying seal
5of approval; amending s. 893.147, F.S.; providing that the
6use or possession of drug paraphernalia with intent to
7undertake certain activities concerning the manufacture or
8production of methamphetamine is a felony of the second
9degree; creating s. 408.0611, F.S.; providing legislative
10intent; providing definitions; requiring the Agency for
11Health Care Administration to create a clearinghouse of
12information on electronic prescribing; requiring the
13agency to monitor and report on the implementation of
14electronic prescribing; creating s. 831.311, F.S.;
15prohibiting the sale, manufacture, alteration, delivery,
16uttering, or possession of counterfeit-resistant
17prescription blanks for controlled substances; providing
18penalties; amending s. 893.04, F.S.; authorizing
19electronic recording of oral prescriptions for a
20controlled substance; providing additional requirements
21for the dispensing of a controlled substance listed in
22Schedule II, Schedule III, or Schedule IV; creating s.
23893.065, F.S.; requiring the Department of Health to
24develop and adopt by rule the form and content for a
25counterfeit-resistant prescription blank for voluntary use
26by practitioners to prescribe a controlled substance
27listed in Schedule II, Schedule III, or Schedule IV;
28providing contingent applicability of penalties; requiring
29reports of law enforcement agencies and medical examiners
30to include specified information if a person dies of an
31apparent overdose of a controlled substance listed in
32Schedule II, Schedule III, or Schedule IV; authorizing
33Agency for Health Care Administration to seek federal
34grant moneys for specified purposes; providing legislative
35intent concerning resources for implementation of the act;
36providing effective dates.
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Effective February 28, 2008, subsection (9) is
41added to section 465.022, Florida Statutes, to read:
42     465.022  Pharmacies; general requirements; fees.--
43     (9)  Any pharmacy doing business primarily or exclusively
44by use of the Internet or mail order shall, prior to obtaining a
45permit and any renewals thereafter, receive and display in every
46medium in which it advertises itself a seal of approval for the
47National Association of Boards of Pharmacy certifying that it is
48a Verified Internet Pharmacy Practice Site (VIPPS). VIPPS
49certification shall be maintained and remain current.
50     Section 2.  Subsection (1) of section 893.147, Florida
51Statutes, is amended to read:
52     893.147  Use, possession, manufacture, delivery,
53transportation, or advertisement of drug paraphernalia.--
54     (1)  USE OR POSSESSION OF DRUG PARAPHERNALIA.--A It is
55unlawful for any person who uses, or possesses to use, or to
56possess with intent to use, drug paraphernalia:
57     (a)  To plant, propagate, cultivate, grow, harvest,
58manufacture, compound, convert, produce, process, prepare, test,
59analyze, pack, repack, store, contain, or conceal a controlled
60substance in violation of this chapter commits a misdemeanor of
61the first degree, punishable as provided in s. 775.082 or s.
62775.083. ; or
63     (b)  To inject, ingest, inhale, or otherwise introduce into
64the human body a controlled substance in violation of this
65chapter commits a misdemeanor of the first degree, punishable as
66provided in s. 775.082 or s. 775.083.
67     (c)  To manufacture, compound, convert, produce, process,
68or prepare methamphetamine in violation of this chapter commits
69a felony of the second degree, punishable as provided in s.
70775.082, s. 775.083, or s. 775.084.
71
72Any person who violates this subsection is guilty of a
73misdemeanor of the first degree, punishable as provided in s.
74775.082 or s. 775.083.
75     Section 3.  Section 408.0611, Florida Statutes, is created
76to read:
77     408.0611  Electronic prescribing clearinghouse.--
78     (1)  It is the intent of the Legislature to promote the
79implementation of electronic prescribing by healthcare
80practitioners, healthcare facilities, and pharmacies in order to
81prevent prescription drug abuse, improve patient safety, and
82reduce unnecessary prescriptions. To that end, it is the intent
83of the Legislature to create a clearinghouse of information on
84electronic prescribing to convey the process and advantages of
85electronic prescribing; to provide information regarding the
86availability of electronic prescribing products, including no-
87cost or low-cost products; and to regularly convene stakeholders
88to assess and accelerate the implementation of electronic
89prescribing.
90     (2)  As used in this section, the term:
91     (a)  "Electronic prescribing" means, at a minimum, the
92electronic review of the patient's medication history, the
93electronic generation of the patient's prescription, and the
94electronic transmission of the patient's prescription to a
95pharmacy.
96     (b)  "Healthcare practitioner" means a person authorized by
97law to prescribe drugs.
98     (3)  The agency shall work in collaboration with private-
99sector electronic prescribing initiatives and relevant
100stakeholders to create a clearinghouse of information on
101electronic prescribing for healthcare practitioners, healthcare
102facilities, and pharmacies. These stakeholders shall include
103organizations that represent healthcare practitioners,
104organizations that represent healthcare facilities,
105organizations that represent pharmacies, organizations that
106operate electronic prescribing networks, organizations that
107create electronic prescribing products, and regional health
108information organizations. Specifically, the agency shall, by
109October 1, 2007:
110     (a)  Provide on its website:
111     1.  Information regarding the process of electronic
112prescribing and the availability of electronic prescribing
113products, including no-cost or low-cost products;
114     2.  Information regarding the advantages of electronic
115prescribing, including utilizing medication history data to
116prevent drug interactions, prevent allergic reactions, and deter
117doctor and pharmacy shopping for controlled substances;
118     3.  Links to federal and private-sector websites that
119provide guidance on selecting an appropriate electronic
120prescribing product; and
121     4.  Links to state, federal, and private-sector incentive
122programs for the implementation of electronic prescribing.
123     (b)  Convene quarterly meetings of the stakeholders to
124assess and accelerate the implementation of electronic
125prescribing.
126     (4)  Pursuant to s. 408.061, the agency shall monitor the
127implementation of electronic prescribing by healthcare
128practitioners, healthcare facilities, and pharmacies. By January
12931 of each year, the agency shall report on the progress of
130implementation of electronic prescribing to the Governor and the
131Legislature. Information reported pursuant to this subsection
132shall include federal and private-sector electronic prescribing
133initiatives and, to the extent that data is readily available
134from organizations that operate electronic prescribing networks,
135the number of healthcare practitioners using electronic
136prescribing, and the number of prescriptions electronically
137transmitted.
138     Section 4.  Subsection (7) of section 465.022, Florida
139Statutes, is amended to read:
140     465.022  Pharmacies; general requirements; fees.--
141     (7)  Permits issued by the department are not transferable.
142     Section 5.  Section 831.311, Florida Statutes, is created
143to read:
144     831.311  Violations involving certain prescription blanks
145for controlled substances in Schedules II-IV.--
146     (1)  It is unlawful for any person with the intent to
147injure or defraud any person or to facilitate any violation of
148s. 893.13 to sell, manufacture, alter, deliver, utter, or
149possess any counterfeit-resistant prescription blank for
150controlled substances as provided in s. 893.065.
151     (2)  Any person who violates this section commits a felony
152of the third degree, punishable as provided in s. 775.082, s.
153775.083, or s. 775.084.
154     Section 6.  Section 893.04, Florida Statutes, is amended to
155read:
156     893.04  Pharmacist and practitioner.--
157     (1)  A pharmacist, in good faith and in the course of
158professional practice only, may dispense controlled substances
159upon a written or oral prescription of a practitioner, under the
160following conditions:
161     (a)  Oral prescriptions must be promptly reduced to writing
162or recorded electronically by the pharmacist.
163     (b)  The written prescription must be dated and signed by
164the prescribing practitioner on the day when issued.
165     (c)  There shall appear on the face of the prescription or
166written record thereof for the controlled substance the
167following information:
168     1.  The full name and address of the person for whom, or
169the owner of the animal for which, the controlled substance is
170dispensed.
171     2.  The full name and address of the prescribing
172practitioner and the practitioner's federal controlled substance
173registry number shall be printed thereon.
174     3.  If the prescription is for an animal, the species of
175animal for which the controlled substance is prescribed.
176     4.  The name of the controlled substance prescribed and the
177strength, quantity, and directions for use thereof.
178     5.  The number of the prescription, as recorded in the
179prescription files of the pharmacy in which it is filled.
180     6.  The initials of the pharmacist filling the prescription
181and the date filled.
182     (d)  The prescription shall be retained on file by the
183proprietor of the pharmacy in which it is filled for a period of
1842 years.
185     (e)  Affixed to the original container in which a
186controlled substance is delivered upon a prescription or
187authorized refill thereof, as hereinafter provided, there shall
188be a label bearing the following information:
189     1.  The name and address of the pharmacy from which such
190controlled substance was dispensed.
191     2.  The date on which the prescription for such controlled
192substance was filled.
193     3.  The number of such prescription, as recorded in the
194prescription files of the pharmacy in which it is filled.
195     4.  The name of the prescribing practitioner.
196     5.  The name of the patient for whom, or of the owner and
197species of the animal for which, the controlled substance is
198prescribed.
199     6.  The directions for the use of the controlled substance
200prescribed in the prescription.
201     7.  A clear, concise warning that it is a crime to transfer
202the controlled substance to any person other than the patient
203for whom prescribed.
204     (f)  A prescription for a controlled substance listed in
205Schedule II may be dispensed only upon a written prescription of
206a practitioner, except that in an emergency situation, as
207defined by regulation of the Department of Health, such
208controlled substance may be dispensed upon oral prescription but
209is limited to a 72-hour supply. No prescription for a controlled
210substance listed in Schedule II may be refilled.
211     (g)  No prescription for a controlled substance listed in
212Schedule Schedules III, Schedule IV, or Schedule V may be filled
213or refilled more than five times within a period of 6 months
214after the date on which the prescription was written unless the
215prescription is renewed by a practitioner.
216     (2)(a)  A pharmacist may not dispense a controlled
217substance listed in Schedule II, Schedule III, or Schedule IV to
218any patient or patient's agent without first determining, in the
219exercise of his or her professional judgment, that the order is
220valid. The pharmacist may dispense the controlled substance, in
221the exercise of his or her professional judgment, when the
222pharmacist or pharmacist's agent has obtained satisfactory
223patient information from the patient or the patient's agent.
224     (b)  Any pharmacist who dispenses by mail a controlled
225substance listed in Schedule II, Schedule III, or Schedule IV
226shall be exempt from the requirement to obtain suitable
227identification for the prescription dispensed by mail.
228     (c)  Any controlled substance listed in Schedule III or
229Schedule IV may be dispensed by a pharmacist upon an oral
230prescription if, before filling the prescription, the pharmacist
231reduces the prescription to writing or records it
232electronically. Such prescriptions must contain the date of the
233oral authorization.
234     (d)  Each written prescription from a practitioner in this
235state for a controlled substance listed in Schedule II, Schedule
236III, or Schedule IV must include both a written and a numerical
237notation of the quantity on the face of the prescription and a
238notation of the date with the abbreviated month written out on
239the face of the prescription. A pharmacist may, upon
240verification by the prescriber, document any information
241required by this paragraph.
242     (e)  A pharmacist may not dispense more than a 30-day
243supply of a controlled substance listed in Schedule III upon an
244oral prescription issued in this state.
245     (f)  A pharmacist may not knowingly fill a prescription
246that has been forged for a controlled substance listed in
247Schedule II, Schedule III, or Schedule IV.
248     (3)(2)  Notwithstanding the provisions of subsection (1), a
249pharmacist may dispense a one-time emergency refill of up to a
25072-hour supply of the prescribed medication for any medicinal
251drug other than a medicinal drug listed in Schedule II, in
252compliance with the provisions of s. 465.0275.
253     (4)(3)  The legal owner of any stock of controlled
254substances in a pharmacy, upon discontinuance of dealing in
255controlled substances, may sell said stock to a manufacturer,
256wholesaler, or pharmacy. Such controlled substances may be sold
257only upon an order form, when such an order form is required for
258sale by the drug abuse laws of the United States or this state,
259or regulations pursuant thereto.
260     Section 7.  Section 893.065, Florida Statutes, is created
261to read:
262     893.065  Counterfeit-resistant prescription blanks for
263controlled substances listed in Schedules II-IV.--The department
264shall develop and adopt by rule the form and content for a
265counterfeit-resistant prescription blank that may be used by
266practitioners to prescribe a controlled substance listed in
267Schedule II, Schedule III, or Schedule IV. The department may
268require the prescription blanks to be printed on distinctive,
269watermarked paper and to bear the preprinted name, address, and
270category of professional licensure of the practitioner and that
271practitioner's federal registry number for controlled
272substances. The prescription blanks may not be transferred.
273     Section 8.  The penalties created in s. 831.311(2), Florida
274Statutes, by this act shall be effective only upon the adoption
275of the rules required pursuant to s. 893.065, Florida Statutes,
276as created by this act.
277     Section 9.  If a person dies of an apparent drug overdose:
278     (1)  A law enforcement agency shall prepare a report
279identifying each prescribed controlled substance listed in
280Schedule II, Schedule III, or Schedule IV of s. 893.03, Florida
281Statutes, that is found on or near the deceased or among the
282deceased's possessions. The report must identify the person who
283prescribed the controlled substance, if known or ascertainable.
284Thereafter, the law enforcement agency shall submit a copy of
285the report to the medical examiner.
286     (2)  A medical examiner who is preparing a report pursuant
287to s. 406.11, Florida Statutes, shall include in the report
288information identifying each prescribed controlled substance
289listed in Schedule II, Schedule III, or Schedule IV of s.
290893.03, Florida Statutes, that was found in, on, or near the
291deceased or among the deceased's possessions.
292     Section 10.  The Agency for Health Care Administration is
293authorized to seek federal grant moneys to implement the
294provisions of this act. It is the intent of the Legislature that
295the agency implement the provisions of this act within existing
296resources, federal grant dollars, or a future appropriation.
297     Section 11.  Except as otherwise expressly provided in this
298act, this act shall take effect July 1, 2007.


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