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
    585-2543-07




 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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    Florida Senate - 2007                     CS for CS for SB 518
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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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