HB 1155

1	A bill to be entitled
2	An act relating to drugs; creating s. 831.311, F.S.;
3	prohibiting the sale, manufacture, alteration, delivery,
4	uttering, or possession of counterfeit-resistant
5	prescription blanks for controlled substances with the
6	intent to injure or defraud; providing penalties; amending
7	s. 893.04, F.S.; providing additional requirements for the
8	dispensing of a controlled substance listed in Schedule
9	II, Schedule III, or Schedule IV; specifying circumstances
10	under which a pharmacist who dispenses controlled
11	substances by mail is exempt from certain requirements
12	governing patient identification; providing requirements
13	and limitations for dispensing controlled substances upon
14	an oral prescription; creating s. 408.0611, F.S.;
15	providing legislative intent; providing definitions;
16	requiring the Agency for Health Care Administration to
17	create a clearinghouse of information on electronic
18	prescribing; requiring the agency to monitor and report on
19	the implementation of electronic prescribing; creating s.
20	893.065, F.S.; requiring the department to develop and
21	adopt by rule the form and content for a counterfeit-proof
22	prescription blank for voluntary use by physicians in
23	prescribing a controlled substance listed in Schedule II,
24	Schedule III, or Schedule IV; providing that penalties
25	shall become effective only upon adoption of rules;
26	prescribing duties of law enforcement agencies and medical
27	examiners when a person dies of an apparent drug overdose;
28	providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Section 831.311, Florida Statutes, is created
33	to read:
34	831.311  Unlawful sale, manufacture, alteration, delivery,
35	uttering, or possession of counterfeit-resistant prescription
36	blanks for controlled substances.--
37	(1)  It is unlawful for any person having the intent to
38	injure or defraud any person or to facilitate any violation of
39	s. 893.13 to sell, manufacture, alter, deliver, utter, or
40	possess with intent to injure or defraud any person, or to
41	facilitate any violation of s. 893.13, any counterfeit-resistant
42	prescription blanks for controlled substances, the form and
43	content of which are adopted by rule of the Department of Health
44	pursuant to s. 893.065.
45	(2)  Any person who violates this section commits a felony
46	of the third degree, punishable as provided in s. 775.082, s.
47	775.083, or s. 775.084.
48	Section 2.  Section 893.04, Florida Statutes, is amended to
49	read:
50	893.04  Pharmacist and practitioner.--
51	(1)  A pharmacist, in good faith and in the course of
52	professional practice only, may dispense controlled substances
53	upon a written or oral prescription of a practitioner, under the
54	following conditions:
55	(a)  Oral prescriptions must be promptly reduced to writing
56	by the pharmacist or recorded electronically if permitted by
57	federal law.
58	(b)  The written prescription must be dated and signed by
59	the prescribing practitioner on the day when issued.
60	(c)  There shall appear on the face of the prescription or
61	written record thereof for the controlled substance the
62	following information:
63	1.  The full name and address of the person for whom, or
64	the owner of the animal for which, the controlled substance is
65	dispensed.
66	2.  The full name and address of the prescribing
67	practitioner and the practitioner's federal controlled substance
68	registry number shall be printed thereon.
69	3.  If the prescription is for an animal, the species of
70	animal for which the controlled substance is prescribed.
71	4.  The name of the controlled substance prescribed and the
72	strength, quantity, and directions for use thereof.
73	5.  The number of the prescription, as recorded in the
74	prescription files of the pharmacy in which it is filled.
75	6.  The initials of the pharmacist filling the prescription
76	and the date filled.
77	(d)  The prescription shall be retained on file by the
78	proprietor of the pharmacy in which it is filled for a period of
79	2 years.
80	(e)  Affixed to the original container in which a
81	controlled substance is delivered upon a prescription or
82	authorized refill thereof, as hereinafter provided, there shall
83	be a label bearing the following information:
84	1.  The name and address of the pharmacy from which such
85	controlled substance was dispensed.
86	2.  The date on which the prescription for such controlled
87	substance was filled.
88	3.  The number of such prescription, as recorded in the
89	prescription files of the pharmacy in which it is filled.
90	4.  The name of the prescribing practitioner.
91	5.  The name of the patient for whom, or of the owner and
92	species of the animal for which, the controlled substance is
93	prescribed.
94	6.  The directions for the use of the controlled substance
95	prescribed in the prescription.
96	7.  A clear, concise warning that it is a crime to transfer
97	the controlled substance to any person other than the patient
98	for whom prescribed.
99	(f)  A prescription for a controlled substance listed in
100	Schedule II may be dispensed only upon a written prescription of
101	a practitioner, except that in an emergency situation, as
102	defined by regulation of the Department of Health, such
103	controlled substance may be dispensed upon oral prescription but
104	is limited to a 72-hour supply. A No prescription for a
105	controlled substance listed in Schedule II may not be refilled.
106	(g)  A No prescription for a controlled substance listed in
107	Schedule Schedules III, Schedule IV, or Schedule V may not be
108	filled or refilled more than five times within a period of 6
109	months after the date on which the prescription was written
110	unless the prescription is renewed by a practitioner.
111	(2)(a)  A pharmacist may not dispense a controlled
112	substance listed in Schedule II, Schedule III, or Schedule IV to
113	any patient or patient's agent without first determining, in the
114	exercise of her or his professional judgment, that the order is
115	valid. The pharmacist may dispense the controlled substance, in
116	the exercise of her or his professional judgment, when the
117	pharmacist or pharmacist's agent has obtained satisfactory
118	patient information from the patient or the patient's agent.
119	(b)  Any pharmacist who dispenses by mail a controlled
120	substance listed in Schedule II, Schedule III, or Schedule IV is
121	exempt from the requirement to obtain suitable identification
122	for the prescription dispensed by mail if the pharmacist has
123	obtained the patient's identification through the patient's
124	prescription benefit plan.
125	(c)  Any controlled substance listed in Schedule III or
126	Schedule IV may be dispensed by a pharmacist upon an oral
127	prescription if, before filling the prescription, the pharmacist
128	reduces it to writing or records the prescription electronically
129	if permitted by federal law. Such prescriptions must contain the
130	date of the oral authorization.
131	(d)  Each written prescription prescribed by a practitioner
132	in this state for a controlled substance listed in Schedule II,
133	Schedule III, or Schedule IV must include both a written and a
134	numerical notation of the quantity on the face of the
135	prescription and a notation of the date, with the abbreviated
136	month written out on the face of the prescription. A pharmacist
137	may, upon verification by the prescriber, document any
138	information required by this paragraph.
139	(e)  A pharmacist may not dispense more than a 30-day
140	supply of a controlled substance listed in Schedule III upon an
141	oral prescription issued in this state.
142	(f)  A pharmacist may not knowingly fill a prescription
143	that has been forged for a controlled substance listed in
144	Schedule II, Schedule III, or Schedule IV.
145	(3)(2)  Notwithstanding the provisions of subsection (1), a
146	pharmacist may dispense a one-time emergency refill of up to a
147	72-hour supply of the prescribed medication for any medicinal
148	drug other than a medicinal drug listed in Schedule II, in
149	compliance with the provisions of s. 465.0275.
150	(4)(3)  The legal owner of any stock of controlled
151	substances in a pharmacy, upon discontinuance of dealing in
152	controlled substances, may sell said stock to a manufacturer,
153	wholesaler, or pharmacy.  Such controlled substances may be sold
154	only upon an order form, when such an order form is required for
155	sale by the drug abuse laws of the United States or this state,
156	or regulations pursuant thereto.
157	Section 3.  Section 408.0611, Florida Statutes, is created
158	to read:
159	408.0611  Electronic prescribing clearinghouse.--
160	(1)  It is the intent of the Legislature to promote the
161	implementation of electronic prescribing by health care
162	practitioners, health care facilities, and pharmacies in order
163	to prevent prescription drug abuse, improve patient safety, and
164	reduce unnecessary prescriptions. To that end, it is the intent
165	of the Legislature to create a clearinghouse of information on
166	electronic prescribing to convey the process and advantages of
167	electronic prescribing; to provide information regarding the
168	availability of electronic prescribing products, including no-
169	cost or low-cost products; and to regularly convene stakeholders
170	to assess and accelerate the implementation of electronic
171	prescribing.
172	(2)  As used in this section, the term:
173	(a)  "Electronic prescribing" means, at a minimum, the
174	electronic review of the patient's medication history, the
175	electronic generation of the patient's prescription, and the
176	electronic transmission of the patient's prescription to a
177	pharmacy.
178	(b)  "Health care practitioner" means an individual
179	authorized by law to prescribe drugs.
180	(3)  The agency shall work in collaboration with private-
181	sector electronic prescribing initiatives and relevant
182	stakeholders to create a clearinghouse of information on
183	electronic prescribing for health care practitioners, health
184	care facilities, and pharmacies. These stakeholders shall
185	include organizations that represent health care practitioners;
186	organizations that represent health care facilities;
187	organizations that represent pharmacies; organizations that
188	operate electronic prescribing networks; organizations that
189	create electronic prescribing products; and regional health
190	information organizations. Specifically, the agency shall, by
191	October 1, 2007:
192	(a)  Provide on its website:
193	1.  Information regarding the process of electronic
194	prescribing and the availability of electronic prescribing
195	products, including no-cost or low-cost products;
196	2.  Information regarding the advantages of electronic
197	prescribing, including using medication history data to prevent
198	drug interactions, prevent allergic reactions, and deter doctor
199	and pharmacy shopping for controlled substances;
200	3.  Links to federal and private-sector websites that
201	provide guidance on selecting an appropriate electronic
202	prescribing product; and
203	4.  Links to state, federal, and private-sector incentive
204	programs for the implementation of electronic prescribing.
205	(b)  Convene quarterly meetings of the stakeholders to
206	assess and accelerate the implementation of electronic
207	prescribing.
208	(4)  Pursuant to s. 408.061, the agency shall monitor the
209	implementation of electronic prescribing by health care
210	practitioners, health care facilities, and pharmacies. By
211	January 31 of each year, the agency shall report on the progress
212	of implementation of electronic prescribing to the Governor and
213	the Legislature. Information reported pursuant to this
214	subsection shall include federal and private-sector electronic
215	prescribing initiatives and, to the extent that data is readily
216	available from organizations that operate electronic prescribing
217	networks, the number of health care practitioners using
218	electronic prescribing and the number of prescriptions
219	electronically transmitted.
220	Section 4.  Section 893.065, Florida Statutes, is created
221	to read:
222	893.065  Counterfeit-resistant prescription blanks for
223	controlled substances listed in Schedule II, Schedule III, or
224	Schedule IV.--The Department of Health shall develop and adopt
225	by rule the form and content for a counterfeit-resistant
226	prescription blank which may be used by practitioners for the
227	purpose of prescribing a controlled substance listed in Schedule
228	II, Schedule III, or Schedule IV. The Department of Health may
229	require the prescription blanks to be printed on distinctive,
230	watermarked paper and to bear the preprinted name, address, and
231	category of professional licensure of the practitioner and that
232	practitioner's federal registry number for controlled
233	substances. The prescription blanks may not be transferred.
234	Section 5.  The penalties created in s. 831.311(2), Florida
235	Statutes, by this act shall be effective only upon the adoption
236	of the rules required pursuant to s. 893.065, Florida Statutes,
237	as created by this act.
238	Section 6.  If a person dies of an apparent drug overdose:
239	(1)  A law enforcement agency shall prepare a report
240	identifying each prescribed controlled substance listed in
241	Schedule II, Schedule III, or Schedule IV of s. 893.03, Florida
242	Statutes, which is found on or near the deceased or among the
243	deceased's possessions. The report must identify the person who
244	prescribed the controlled substance, if known or ascertainable.
245	Thereafter, the law enforcement agency shall submit a copy of
246	the report to the medical examiner.
247	(2)  A medical examiner who is preparing a report pursuant
248	to s. 406.11, Florida Statutes, shall include in the report
249	information identifying each prescribed controlled substance
250	listed in Schedule II, Schedule III, or Schedule IV of s.
251	893.03, Florida Statutes, that was found in, on, or near the
252	deceased or among the deceased's possessions.
253	Section 7.  This act shall take effect July 1, 2007.

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