Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 518
Barcode 021838
CHAMBER ACTION
Senate House
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11 The Committee on Governmental Operations (King) recommended
12 the following substitute for amendment (180174):
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14 Senate Amendment (with title amendment)
15 On page 6, line 13, through
16 page 9, line 21, delete those lines
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18 and insert:
19 Section 3. Section 408.0611, Florida Statutes, is
20 created to read:
21 408.0611 Electronic prescribing clearinghouse.--
22 (1) It is the intent of the Legislature to promote the
23 implementation of electronic prescribing by health care
24 practitioners, health care facilities, and pharmacies in order
25 to prevent prescription drug abuse, improve patient safety,
26 and reduce unnecessary prescriptions. To that end, it is the
27 intent of the Legislature to create a clearinghouse of
28 information on electronic prescribing to convey the process
29 and advantages of electronic prescribing; to provide
30 information regarding the availability of electronic
31 prescribing products, including no-cost or low-cost products;
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 518
Barcode 021838
1 and to regularly convene stakeholders to assess and accelerate
2 the implementation of electronic prescribing.
3 (2) As used in this section, the term:
4 (a) "Electronic prescribing" means, at a minimum, the
5 electronic review of the patient's medication history, the
6 electronic generation of the patient's prescription, and the
7 electronic transmission of the patient's prescription to a
8 pharmacy.
9 (b) "Health care practitioner" means an individual
10 authorized by law to prescribe drugs.
11 (3) The agency shall work in collaboration with
12 private-sector electronic prescribing initiatives and relevant
13 stakeholders to create a clearinghouse of information on
14 electronic prescribing for health care practitioners, health
15 care facilities, and pharmacies. These stakeholders shall
16 include organizations that represent health care
17 practitioners; organizations that represent health care
18 facilities; organizations that represent pharmacies;
19 organizations that operate electronic prescribing networks;
20 organizations that create electronic prescribing products; and
21 regional health information organizations. Specifically, the
22 agency shall, by October 1, 2007:
23 (a) Provide on its website:
24 1. Information regarding the process of electronic
25 prescribing and the availability of electronic prescribing
26 products, including no-cost or low-cost products;
27 2. Information regarding the advantages of electronic
28 prescribing, including using medication history data to
29 prevent drug interactions, prevent allergic reactions, and
30 deter doctor and pharmacy shopping for controlled substances;
31 3. Links to federal and private-sector websites that
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 518
Barcode 021838
1 provide guidance on selecting an appropriate electronic
2 prescribing product; and
3 4. Links to state, federal, and private-sector
4 incentive programs for the implementation of electronic
5 prescribing.
6 (b) Convene quarterly meetings of the stakeholders to
7 assess and accelerate the implementation of electronic
8 prescribing.
9 (4) Pursuant to s. 408.061, the agency shall monitor
10 the implementation of electronic prescribing by health care
11 practitioners, health care facilities, and pharmacies. By
12 January 31 of each year, the agency shall report on the
13 progress of implementation of electronic prescribing to the
14 Governor and the Legislature. Information reported pursuant to
15 this subsection shall include federal and private-sector
16 electronic prescribing initiatives and, to the extent that
17 data is readily available from organizations that operate
18 electronic prescribing networks, the number of health care
19 practitioners using electronic prescribing and the number of
20 prescriptions electronically transmitted.
21 Section 4. Section 893.065, Florida Statutes, is
22 created to read:
23 893.065 Counterfeit-resistant prescription blanks for
24 controlled substances listed in Schedule II, Schedule III, or
25 Schedule IV.--The Department of Health shall develop and adopt
26 by rule the form and content for a counterfeit-resistant
27 prescription blank which may be used by practitioners for the
28 purpose of prescribing a controlled substance listed in
29 Schedule II, Schedule III, or Schedule IV. The Department of
30 Health may require the prescription blanks to be printed on
31 distinctive, watermarked paper and to bear the preprinted
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 518
Barcode 021838
1 name, address, and category of professional licensure of the
2 practitioner and that practitioner's federal registry number
3 for controlled substances. The prescription blanks may not be
4 transferred.
5 Section 5. The penalties created in s. 831.311(2),
6 Florida Statutes, by this act shall be effective only upon the
7 adoption of the rules required pursuant to s. 893.065, Florida
8 Statutes, as created by this act.
9 Section 6. If a person dies of an apparent drug
10 overdose:
11 (1) A law enforcement agency shall prepare a report
12 identifying each prescribed controlled substance listed in
13 Schedule II, Schedule III, or Schedule IV of s. 893.03,
14 Florida Statutes, which is found on or near the deceased or
15 among the deceased's possessions. The report must identify the
16 person who prescribed the controlled substance, if known or
17 ascertainable. Thereafter, the law enforcement agency shall
18 submit a copy of the report to the medical examiner.
19 (2) A medical examiner who is preparing a report
20 pursuant to s. 406.11, Florida Statutes, shall include in the
21 report information identifying each prescribed controlled
22 substance listed in Schedule II, Schedule III, or Schedule IV
23 of s. 893.03, Florida Statutes, that was found in, on, or near
24 the deceased or among the deceased's possessions.
25 Section 7. The sum of $100,000 in nonrecurring general
26 revenue is appropriated to the Agency for Health Care
27 Administration to implement this act.
28 Section 8. This act shall take effect July 1, 2007.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 518
Barcode 021838
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, line 17, through
4 page 2, line 6, delete those lines
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6 and insert:
7 prescription; creating s. 408.0611, F.S.;
8 providing legislative intent; providing
9 definitions; requiring the Agency for Health
10 Care Administration to create a clearinghouse
11 of information on electronic prescribing;
12 requiring the agency to monitor and report on
13 the implementation of electronic prescribing;
14 creating s. 893.065, F.S.; requiring the
15 department to develop and adopt by rule the
16 form and content for a counterfeit-proof
17 prescription blank for voluntary use by
18 physicians in prescribing a controlled
19 substance listed in Schedule II, Schedule III,
20 or Schedule IV; providing that penalties shall
21 become effective only upon adoption of rules;
22 prescribing duties of law enforcement agencies
23 and medical examiners when a person dies of an
24 apparent drug overdoes; providing an
25 appropriation; providing an effective date.
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