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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    Florida Senate - 2007                     CS for CS for SB 518
    585-2543-07
 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
    585-2543-07
 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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    Florida Senate - 2007                     CS for CS for SB 518
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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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    Florida Senate - 2007                     CS for CS for SB 518
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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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    Florida Senate - 2007                     CS for CS for SB 518
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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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    Florida Senate - 2007                     CS for CS for SB 518
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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.
31  
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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.
31  
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    Florida Senate - 2007                     CS for CS for SB 518
    585-2543-07
 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.
25  
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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