Senate Bill sb0518c2
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Florida Senate - 2007 CS for CS for SB 518
By the Committees on Governmental Operations; Criminal
Justice; and Senators Saunders, Bennett, Deutch and Aronberg
585-2543-07
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 with the intent to injure
8 or defraud; providing penalties; amending s.
9 893.04, F.S.; providing additional requirements
10 for the dispensing of a controlled substance
11 listed in Schedule II, Schedule III, or
12 Schedule IV; specifying circumstances under
13 which a pharmacist who dispenses controlled
14 substances by mail is exempt from certain
15 requirements governing patient identification;
16 providing requirements and limitations for
17 dispensing controlled substances upon an oral
18 prescription; creating s. 408.0611, F.S.;
19 providing legislative intent; providing
20 definitions; requiring the Agency for Health
21 Care Administration to create a clearinghouse
22 of information on electronic prescribing;
23 requiring the agency to monitor and report on
24 the implementation of electronic prescribing;
25 creating s. 893.065, F.S.; requiring the
26 department to develop and adopt by rule the
27 form and content for a counterfeit-proof
28 prescription blank for voluntary use by
29 physicians in prescribing a controlled
30 substance listed in Schedule II, Schedule III,
31 or Schedule IV; providing that penalties shall
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1 become effective only upon adoption of rules;
2 prescribing duties of law enforcement agencies
3 and medical examiners when a person dies of an
4 apparent drug overdose; providing an
5 appropriation; providing an effective date.
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.--
14 (1) It is unlawful for any person having the intent to
15 injure or defraud any person or to facilitate any violation of
16 s. 893.13 to sell, manufacture, alter, deliver, utter, or
17 possess with intent to injure or defraud any person, or to
18 facilitate any violation of s. 893.13, any
19 counterfeit-resistant prescription blanks for controlled
20 substances, the form and content of which are adopted by rule
21 of the Department of Health pursuant to s. 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 - 2007 CS for CS for SB 518
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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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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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1 order is valid. The pharmacist may dispense the controlled
2 substance, in the exercise of her or his professional
3 judgment, when the pharmacist or pharmacist's agent has
4 obtained satisfactory patient information from the patient or
5 the patient's agent.
6 (b) Any pharmacist who dispenses by mail a controlled
7 substance listed in Schedule II, Schedule III, or Schedule IV
8 is exempt from the requirement to obtain suitable
9 identification for the prescription dispensed by mail if the
10 pharmacist has obtained the patient's identification through
11 the patient's prescription benefit plan.
12 (c) Any controlled substance listed in Schedule III or
13 Schedule IV may be dispensed by a pharmacist upon an oral
14 prescription if, before filling the prescription, the
15 pharmacist reduces it to writing or records the prescription
16 electronically if permitted by federal law. Such prescriptions
17 must contain the date of the oral authorization.
18 (d) Each written prescription prescribed by a
19 practitioner in this state for a controlled substance listed
20 in Schedule II, Schedule III, or Schedule IV must include both
21 a written and a numerical notation of the quantity on the face
22 of the prescription and a notation of the date, with the
23 abbreviated month written out on the face of the prescription.
24 A pharmacist may, upon verification by the prescriber,
25 document any information required by this paragraph.
26 (e) A pharmacist may not dispense more than a 30-day
27 supply of a controlled substance listed in Schedule III upon
28 an oral prescription issued in this state.
29 (f) A pharmacist may not knowingly fill a prescription
30 that has been forged for a controlled substance listed in
31 Schedule II, Schedule III, or Schedule IV.
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1 (3)(2) Notwithstanding the provisions of subsection
2 (1), a pharmacist may dispense a one-time emergency refill of
3 up to a 72-hour supply of the prescribed medication for any
4 medicinal drug other than a medicinal drug listed in Schedule
5 II, in compliance with the provisions of s. 465.0275.
6 (4)(3) The legal owner of any stock of controlled
7 substances in a pharmacy, upon discontinuance of dealing in
8 controlled substances, may sell said stock to a manufacturer,
9 wholesaler, or pharmacy. Such controlled substances may be
10 sold only upon an order form, when such an order form is
11 required for sale by the drug abuse laws of the United States
12 or this state, or regulations pursuant thereto.
13 Section 3. Section 408.0611, Florida Statutes, is
14 created to read:
15 408.0611 Electronic prescribing clearinghouse.--
16 (1) It is the intent of the Legislature to promote the
17 implementation of electronic prescribing by health care
18 practitioners, health care facilities, and pharmacies in order
19 to prevent prescription drug abuse, improve patient safety,
20 and reduce unnecessary prescriptions. To that end, it is the
21 intent of the Legislature to create a clearinghouse of
22 information on electronic prescribing to convey the process
23 and advantages of electronic prescribing; to provide
24 information regarding the availability of electronic
25 prescribing products, including no-cost or low-cost products;
26 and to regularly convene stakeholders to assess and accelerate
27 the implementation of electronic prescribing.
28 (2) As used in this section, the term:
29 (a) "Electronic prescribing" means, at a minimum, the
30 electronic review of the patient's medication history, the
31 electronic generation of the patient's prescription, and the
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1 electronic transmission of the patient's prescription to a
2 pharmacy.
3 (b) "Health care practitioner" means an individual
4 authorized by law to prescribe drugs.
5 (3) The agency shall work in collaboration with
6 private-sector electronic prescribing initiatives and relevant
7 stakeholders to create a clearinghouse of information on
8 electronic prescribing for health care practitioners, health
9 care facilities, and pharmacies. These stakeholders shall
10 include organizations that represent health care
11 practitioners; organizations that represent health care
12 facilities; organizations that represent pharmacies;
13 organizations that operate electronic prescribing networks;
14 organizations that create electronic prescribing products; and
15 regional health information organizations. Specifically, the
16 agency shall, by October 1, 2007:
17 (a) Provide on its website:
18 1. Information regarding the process of electronic
19 prescribing and the availability of electronic prescribing
20 products, including no-cost or low-cost products;
21 2. Information regarding the advantages of electronic
22 prescribing, including using medication history data to
23 prevent drug interactions, prevent allergic reactions, and
24 deter doctor and pharmacy shopping for controlled substances;
25 3. Links to federal and private-sector websites that
26 provide guidance on selecting an appropriate electronic
27 prescribing product; and
28 4. Links to state, federal, and private-sector
29 incentive programs for the implementation of electronic
30 prescribing.
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1 (b) Convene quarterly meetings of the stakeholders to
2 assess and accelerate the implementation of electronic
3 prescribing.
4 (4) Pursuant to s. 408.061, the agency shall monitor
5 the implementation of electronic prescribing by health care
6 practitioners, health care facilities, and pharmacies. By
7 January 31 of each year, the agency shall report on the
8 progress of implementation of electronic prescribing to the
9 Governor and the Legislature. Information reported pursuant to
10 this subsection shall include federal and private-sector
11 electronic prescribing initiatives and, to the extent that
12 data is readily available from organizations that operate
13 electronic prescribing networks, the number of health care
14 practitioners using electronic prescribing and the number of
15 prescriptions electronically transmitted.
16 Section 4. Section 893.065, Florida Statutes, is
17 created to read:
18 893.065 Counterfeit-resistant prescription blanks for
19 controlled substances listed in Schedule II, Schedule III, or
20 Schedule IV.--The Department of Health shall develop and adopt
21 by rule the form and content for a counterfeit-resistant
22 prescription blank which may be used by practitioners for the
23 purpose of prescribing a controlled substance listed in
24 Schedule II, Schedule III, or Schedule IV. The Department of
25 Health may require the prescription blanks to be printed on
26 distinctive, watermarked paper and to bear the preprinted
27 name, address, and category of professional licensure of the
28 practitioner and that practitioner's federal registry number
29 for controlled substances. The prescription blanks may not be
30 transferred.
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1 Section 5. The penalties created in s. 831.311(2),
2 Florida Statutes, by this act shall be effective only upon the
3 adoption of the rules required pursuant to s. 893.065, Florida
4 Statutes, as created by this act.
5 Section 6. If a person dies of an apparent drug
6 overdose:
7 (1) A law enforcement agency shall prepare a report
8 identifying each prescribed controlled substance listed in
9 Schedule II, Schedule III, or Schedule IV of s. 893.03,
10 Florida Statutes, which is found on or near the deceased or
11 among the deceased's possessions. The report must identify the
12 person who prescribed the controlled substance, if known or
13 ascertainable. Thereafter, the law enforcement agency shall
14 submit a copy of the report to the medical examiner.
15 (2) A medical examiner who is preparing a report
16 pursuant to s. 406.11, Florida Statutes, shall include in the
17 report information identifying each prescribed controlled
18 substance listed in Schedule II, Schedule III, or Schedule IV
19 of s. 893.03, Florida Statutes, that was found in, on, or near
20 the deceased or among the deceased's possessions.
21 Section 7. The sum of $100,000 in nonrecurring general
22 revenue is appropriated to the Agency for Health Care
23 Administration to implement this act.
24 Section 8. This act shall take effect July 1, 2007.
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26 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
27 CS/SB 518
28
29 CS/CS/SB 518 modifies the criminal penalty contained in s. 1
of the bill to include the elements of intent to injure or
30 defraud. The CS for the CS also creates an electronic
clearinghouse within AHCA to monitor developments in the use
31 and expansion of electronic prescribing.
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