HB 1155

1
A bill to be entitled
2An act relating to drugs; creating s. 831.311, F.S.;
3prohibiting the sale, manufacture, alteration, delivery,
4uttering, or possession of counterfeit-resistant
5prescription blanks for controlled substances with the
6intent to injure or defraud; providing penalties; amending
7s. 893.04, F.S.; providing additional requirements for the
8dispensing of a controlled substance listed in Schedule
9II, Schedule III, or Schedule IV; specifying circumstances
10under which a pharmacist who dispenses controlled
11substances by mail is exempt from certain requirements
12governing patient identification; providing requirements
13and limitations for dispensing controlled substances upon
14an oral prescription; creating s. 408.0611, F.S.;
15providing legislative intent; providing definitions;
16requiring the Agency for Health Care Administration to
17create a clearinghouse of information on electronic
18prescribing; requiring the agency to monitor and report on
19the implementation of electronic prescribing; creating s.
20893.065, F.S.; requiring the department to develop and
21adopt by rule the form and content for a counterfeit-proof
22prescription blank for voluntary use by physicians in
23prescribing a controlled substance listed in Schedule II,
24Schedule III, or Schedule IV; providing that penalties
25shall become effective only upon adoption of rules;
26prescribing duties of law enforcement agencies and medical
27examiners when a person dies of an apparent drug overdose;
28providing an effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Section 831.311, Florida Statutes, is created
33to read:
34     831.311  Unlawful sale, manufacture, alteration, delivery,
35uttering, or possession of counterfeit-resistant prescription
36blanks for controlled substances.--
37     (1)  It is unlawful for any person having the intent to
38injure or defraud any person or to facilitate any violation of
39s. 893.13 to sell, manufacture, alter, deliver, utter, or
40possess with intent to injure or defraud any person, or to
41facilitate any violation of s. 893.13, any counterfeit-resistant
42prescription blanks for controlled substances, the form and
43content of which are adopted by rule of the Department of Health
44pursuant to s. 893.065.
45     (2)  Any person who violates this section commits a felony
46of the third degree, punishable as provided in s. 775.082, s.
47775.083, or s. 775.084.
48     Section 2.  Section 893.04, Florida Statutes, is amended to
49read:
50     893.04  Pharmacist and practitioner.--
51     (1)  A pharmacist, in good faith and in the course of
52professional practice only, may dispense controlled substances
53upon a written or oral prescription of a practitioner, under the
54following conditions:
55     (a)  Oral prescriptions must be promptly reduced to writing
56by the pharmacist or recorded electronically if permitted by
57federal law.
58     (b)  The written prescription must be dated and signed by
59the prescribing practitioner on the day when issued.
60     (c)  There shall appear on the face of the prescription or
61written record thereof for the controlled substance the
62following information:
63     1.  The full name and address of the person for whom, or
64the owner of the animal for which, the controlled substance is
65dispensed.
66     2.  The full name and address of the prescribing
67practitioner and the practitioner's federal controlled substance
68registry number shall be printed thereon.
69     3.  If the prescription is for an animal, the species of
70animal for which the controlled substance is prescribed.
71     4.  The name of the controlled substance prescribed and the
72strength, quantity, and directions for use thereof.
73     5.  The number of the prescription, as recorded in the
74prescription files of the pharmacy in which it is filled.
75     6.  The initials of the pharmacist filling the prescription
76and the date filled.
77     (d)  The prescription shall be retained on file by the
78proprietor of the pharmacy in which it is filled for a period of
792 years.
80     (e)  Affixed to the original container in which a
81controlled substance is delivered upon a prescription or
82authorized refill thereof, as hereinafter provided, there shall
83be a label bearing the following information:
84     1.  The name and address of the pharmacy from which such
85controlled substance was dispensed.
86     2.  The date on which the prescription for such controlled
87substance was filled.
88     3.  The number of such prescription, as recorded in the
89prescription 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
92species of the animal for which, the controlled substance is
93prescribed.
94     6.  The directions for the use of the controlled substance
95prescribed in the prescription.
96     7.  A clear, concise warning that it is a crime to transfer
97the controlled substance to any person other than the patient
98for whom prescribed.
99     (f)  A prescription for a controlled substance listed in
100Schedule II may be dispensed only upon a written prescription of
101a practitioner, except that in an emergency situation, as
102defined by regulation of the Department of Health, such
103controlled substance may be dispensed upon oral prescription but
104is limited to a 72-hour supply. A No prescription for a
105controlled substance listed in Schedule II may not be refilled.
106     (g)  A No prescription for a controlled substance listed in
107Schedule Schedules III, Schedule IV, or Schedule V may not be
108filled or refilled more than five times within a period of 6
109months after the date on which the prescription was written
110unless the prescription is renewed by a practitioner.
111     (2)(a)  A pharmacist may not dispense a controlled
112substance listed in Schedule II, Schedule III, or Schedule IV to
113any patient or patient's agent without first determining, in the
114exercise of her or his professional judgment, that the order is
115valid. The pharmacist may dispense the controlled substance, in
116the exercise of her or his professional judgment, when the
117pharmacist or pharmacist's agent has obtained satisfactory
118patient information from the patient or the patient's agent.
119     (b)  Any pharmacist who dispenses by mail a controlled
120substance listed in Schedule II, Schedule III, or Schedule IV is
121exempt from the requirement to obtain suitable identification
122for the prescription dispensed by mail if the pharmacist has
123obtained the patient's identification through the patient's
124prescription benefit plan.
125     (c)  Any controlled substance listed in Schedule III or
126Schedule IV may be dispensed by a pharmacist upon an oral
127prescription if, before filling the prescription, the pharmacist
128reduces it to writing or records the prescription electronically
129if permitted by federal law. Such prescriptions must contain the
130date of the oral authorization.
131     (d)  Each written prescription prescribed by a practitioner
132in this state for a controlled substance listed in Schedule II,
133Schedule III, or Schedule IV must include both a written and a
134numerical notation of the quantity on the face of the
135prescription and a notation of the date, with the abbreviated
136month written out on the face of the prescription. A pharmacist
137may, upon verification by the prescriber, document any
138information required by this paragraph.
139     (e)  A pharmacist may not dispense more than a 30-day
140supply of a controlled substance listed in Schedule III upon an
141oral prescription issued in this state.
142     (f)  A pharmacist may not knowingly fill a prescription
143that has been forged for a controlled substance listed in
144Schedule II, Schedule III, or Schedule IV.
145     (3)(2)  Notwithstanding the provisions of subsection (1), a
146pharmacist may dispense a one-time emergency refill of up to a
14772-hour supply of the prescribed medication for any medicinal
148drug other than a medicinal drug listed in Schedule II, in
149compliance with the provisions of s. 465.0275.
150     (4)(3)  The legal owner of any stock of controlled
151substances in a pharmacy, upon discontinuance of dealing in
152controlled substances, may sell said stock to a manufacturer,
153wholesaler, or pharmacy.  Such controlled substances may be sold
154only upon an order form, when such an order form is required for
155sale by the drug abuse laws of the United States or this state,
156or regulations pursuant thereto.
157     Section 3.  Section 408.0611, Florida Statutes, is created
158to read:
159     408.0611  Electronic prescribing clearinghouse.--
160     (1)  It is the intent of the Legislature to promote the
161implementation of electronic prescribing by health care
162practitioners, health care facilities, and pharmacies in order
163to prevent prescription drug abuse, improve patient safety, and
164reduce unnecessary prescriptions. To that end, it is the intent
165of the Legislature to create a clearinghouse of information on
166electronic prescribing to convey the process and advantages of
167electronic prescribing; to provide information regarding the
168availability of electronic prescribing products, including no-
169cost or low-cost products; and to regularly convene stakeholders
170to assess and accelerate the implementation of electronic
171prescribing.
172     (2)  As used in this section, the term:
173     (a)  "Electronic prescribing" means, at a minimum, the
174electronic review of the patient's medication history, the
175electronic generation of the patient's prescription, and the
176electronic transmission of the patient's prescription to a
177pharmacy.
178     (b)  "Health care practitioner" means an individual
179authorized by law to prescribe drugs.
180     (3)  The agency shall work in collaboration with private-
181sector electronic prescribing initiatives and relevant
182stakeholders to create a clearinghouse of information on
183electronic prescribing for health care practitioners, health
184care facilities, and pharmacies. These stakeholders shall
185include organizations that represent health care practitioners;
186organizations that represent health care facilities;
187organizations that represent pharmacies; organizations that
188operate electronic prescribing networks; organizations that
189create electronic prescribing products; and regional health
190information organizations. Specifically, the agency shall, by
191October 1, 2007:
192     (a)  Provide on its website:
193     1.  Information regarding the process of electronic
194prescribing and the availability of electronic prescribing
195products, including no-cost or low-cost products;
196     2.  Information regarding the advantages of electronic
197prescribing, including using medication history data to prevent
198drug interactions, prevent allergic reactions, and deter doctor
199and pharmacy shopping for controlled substances;
200     3.  Links to federal and private-sector websites that
201provide guidance on selecting an appropriate electronic
202prescribing product; and
203     4.  Links to state, federal, and private-sector incentive
204programs for the implementation of electronic prescribing.
205     (b)  Convene quarterly meetings of the stakeholders to
206assess and accelerate the implementation of electronic
207prescribing.
208     (4)  Pursuant to s. 408.061, the agency shall monitor the
209implementation of electronic prescribing by health care
210practitioners, health care facilities, and pharmacies. By
211January 31 of each year, the agency shall report on the progress
212of implementation of electronic prescribing to the Governor and
213the Legislature. Information reported pursuant to this
214subsection shall include federal and private-sector electronic
215prescribing initiatives and, to the extent that data is readily
216available from organizations that operate electronic prescribing
217networks, the number of health care practitioners using
218electronic prescribing and the number of prescriptions
219electronically transmitted.
220     Section 4.  Section 893.065, Florida Statutes, is created
221to read:
222     893.065  Counterfeit-resistant prescription blanks for
223controlled substances listed in Schedule II, Schedule III, or
224Schedule IV.--The Department of Health shall develop and adopt
225by rule the form and content for a counterfeit-resistant
226prescription blank which may be used by practitioners for the
227purpose of prescribing a controlled substance listed in Schedule
228II, Schedule III, or Schedule IV. The Department of Health may
229require the prescription blanks to be printed on distinctive,
230watermarked paper and to bear the preprinted name, address, and
231category of professional licensure of the practitioner and that
232practitioner's federal registry number for controlled
233substances. The prescription blanks may not be transferred.
234     Section 5.  The penalties created in s. 831.311(2), Florida
235Statutes, by this act shall be effective only upon the adoption
236of the rules required pursuant to s. 893.065, Florida Statutes,
237as 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
240identifying each prescribed controlled substance listed in
241Schedule II, Schedule III, or Schedule IV of s. 893.03, Florida
242Statutes, which is found on or near the deceased or among the
243deceased's possessions. The report must identify the person who
244prescribed the controlled substance, if known or ascertainable.
245Thereafter, the law enforcement agency shall submit a copy of
246the report to the medical examiner.
247     (2)  A medical examiner who is preparing a report pursuant
248to s. 406.11, Florida Statutes, shall include in the report
249information identifying each prescribed controlled substance
250listed in Schedule II, Schedule III, or Schedule IV of s.
251893.03, Florida Statutes, that was found in, on, or near the
252deceased 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.