CS/HB 893

1
A bill to be entitled
2An act relating to prescription drugs; creating s.
3408.0611, F.S.; providing legislative intent; providing
4definitions; requiring the Agency for Health Care
5Administration to create a clearinghouse of information on
6electronic prescribing; requiring the agency to monitor
7and report on the implementation of electronic
8prescribing; creating s. 831.311, F.S.; prohibiting the
9sale, manufacture, alteration, delivery, uttering, or
10possession of counterfeit-resistant prescription blanks
11for controlled substances; providing penalties; amending
12s. 893.04, F.S.; authorizing electronic recording of oral
13prescriptions for a controlled substance; providing
14additional requirements for the dispensing of a controlled
15substance listed in Schedule II, Schedule III, or Schedule
16IV; creating s. 893.065, F.S.; requiring the Department of
17Health to develop and adopt by rule the form and content
18for a counterfeit-resistant prescription blank for
19voluntary use by practitioners to prescribe a controlled
20substance listed in Schedule II, Schedule III, or Schedule
21IV; providing contingent applicability of penalties;
22requiring reports of law enforcement agencies and medical
23examiners to include specified information if a person
24dies of an apparent overdose of a controlled substance
25listed in Schedule II, Schedule III, or Schedule IV;
26providing an appropriation; providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Section 408.0611, Florida Statutes, is created
31to read:
32     408.0611  Electronic prescribing clearinghouse.--
33     (1)  It is the intent of the Legislature to promote the
34implementation of electronic prescribing by healthcare
35practitioners, healthcare facilities, and pharmacies in order to
36prevent prescription drug abuse, improve patient safety, and
37reduce unnecessary prescriptions. To that end, it is the intent
38of the Legislature to create a clearinghouse of information on
39electronic prescribing to convey the process and advantages of
40electronic prescribing; to provide information regarding the
41availability of electronic prescribing products, including no-
42cost or low-cost products; and to regularly convene stakeholders
43to assess and accelerate the implementation of electronic
44prescribing.
45     (2)  As used in this section, the term:
46     (a)  "Electronic prescribing" means, at a minimum, the
47electronic review of the patient's medication history, the
48electronic generation of the patient's prescription, and the
49electronic transmission of the patient's prescription to a
50pharmacy.
51     (b)  "Healthcare practitioner" means a person authorized by
52law to prescribe drugs.
53     (3)  The agency shall work in collaboration with private-
54sector electronic prescribing initiatives and relevant
55stakeholders to create a clearinghouse of information on
56electronic prescribing for healthcare practitioners, healthcare
57facilities, and pharmacies. These stakeholders shall include
58organizations that represent healthcare practitioners,
59organizations that represent healthcare facilities,
60organizations that represent pharmacies, organizations that
61operate electronic prescribing networks, organizations that
62create electronic prescribing products, and regional health
63information organizations. Specifically, the agency shall, by
64October 1, 2007:
65     (a)  Provide on its website:
66     1.  Information regarding the process of electronic
67prescribing and the availability of electronic prescribing
68products, including no-cost or low-cost products;
69     2.  Information regarding the advantages of electronic
70prescribing, including utilizing medication history data to
71prevent drug interactions, prevent allergic reactions, and deter
72doctor and pharmacy shopping for controlled substances;
73     3.  Links to federal and private-sector websites that
74provide guidance on selecting an appropriate electronic
75prescribing product; and
76     4.  Links to state, federal, and private-sector incentive
77programs for the implementation of electronic prescribing.
78     (b)  Convene quarterly meetings of the stakeholders to
79assess and accelerate the implementation of electronic
80prescribing.
81     (4)  Pursuant to s. 408.061, the agency shall monitor the
82implementation of electronic prescribing by healthcare
83practitioners, healthcare facilities, and pharmacies. By January
8431 of each year, the agency shall report on the progress of
85implementation of electronic prescribing to the Governor and the
86Legislature. Information reported pursuant to this subsection
87shall include federal and private-sector electronic prescribing
88initiatives and, to the extent that data is readily available
89from organizations that operate electronic prescribing networks,
90the number of healthcare practitioners using electronic
91prescribing, and the number of prescriptions electronically
92transmitted.
93     Section 2.  Subsection (7) of section 465.022, Florida
94Statutes, is amended to read:
95     465.022  Pharmacies; general requirements; fees.--
96     (7)  Permits issued by the department are not transferable.
97     Section 3.  Section 831.311, Florida Statutes, is created
98to read:
99     831.311  Violations involving certain prescription blanks
100for controlled substances in Schedules II-IV.--
101     (1)  It is unlawful for any person with the intent to
102injure or defraud any person or to facilitate any violation of
103s. 893.13 to sell, manufacture, alter, deliver, utter, or
104possess any counterfeit-resistant prescription blank for
105controlled substances as provided in s. 893.065.
106     (2)  Any person who violates this section commits a felony
107of the third degree, punishable as provided in s. 775.082, s.
108775.083, or s. 775.084.
109     Section 4.  Section 893.04, Florida Statutes, is amended to
110read:
111     893.04  Pharmacist and practitioner.--
112     (1)  A pharmacist, in good faith and in the course of
113professional practice only, may dispense controlled substances
114upon a written or oral prescription of a practitioner, under the
115following conditions:
116     (a)  Oral prescriptions must be promptly reduced to writing
117or recorded electronically by the pharmacist.
118     (b)  The written prescription must be dated and signed by
119the prescribing practitioner on the day when issued.
120     (c)  There shall appear on the face of the prescription or
121written record thereof for the controlled substance the
122following information:
123     1.  The full name and address of the person for whom, or
124the owner of the animal for which, the controlled substance is
125dispensed.
126     2.  The full name and address of the prescribing
127practitioner and the practitioner's federal controlled substance
128registry number shall be printed thereon.
129     3.  If the prescription is for an animal, the species of
130animal for which the controlled substance is prescribed.
131     4.  The name of the controlled substance prescribed and the
132strength, quantity, and directions for use thereof.
133     5.  The number of the prescription, as recorded in the
134prescription files of the pharmacy in which it is filled.
135     6.  The initials of the pharmacist filling the prescription
136and the date filled.
137     (d)  The prescription shall be retained on file by the
138proprietor of the pharmacy in which it is filled for a period of
1392 years.
140     (e)  Affixed to the original container in which a
141controlled substance is delivered upon a prescription or
142authorized refill thereof, as hereinafter provided, there shall
143be a label bearing the following information:
144     1.  The name and address of the pharmacy from which such
145controlled substance was dispensed.
146     2.  The date on which the prescription for such controlled
147substance was filled.
148     3.  The number of such prescription, as recorded in the
149prescription files of the pharmacy in which it is filled.
150     4.  The name of the prescribing practitioner.
151     5.  The name of the patient for whom, or of the owner and
152species of the animal for which, the controlled substance is
153prescribed.
154     6.  The directions for the use of the controlled substance
155prescribed in the prescription.
156     7.  A clear, concise warning that it is a crime to transfer
157the controlled substance to any person other than the patient
158for whom prescribed.
159     (f)  A prescription for a controlled substance listed in
160Schedule II may be dispensed only upon a written prescription of
161a practitioner, except that in an emergency situation, as
162defined by regulation of the Department of Health, such
163controlled substance may be dispensed upon oral prescription but
164is limited to a 72-hour supply. No prescription for a controlled
165substance listed in Schedule II may be refilled.
166     (g)  No prescription for a controlled substance listed in
167Schedule Schedules III, Schedule IV, or Schedule V may be filled
168or refilled more than five times within a period of 6 months
169after the date on which the prescription was written unless the
170prescription is renewed by a practitioner.
171     (2)(a)  A pharmacist may not dispense a controlled
172substance listed in Schedule II, Schedule III, or Schedule IV to
173any patient or patient's agent without first determining, in the
174exercise of his or her professional judgment, that the order is
175valid. The pharmacist may dispense the controlled substance, in
176the exercise of his or her professional judgment, when the
177pharmacist or pharmacist's agent has obtained satisfactory
178patient information from the patient or the patient's agent.
179     (b)  Any pharmacist who dispenses by mail a controlled
180substance listed in Schedule II, Schedule III, or Schedule IV
181shall be exempt from the requirement to obtain suitable
182identification for the prescription dispensed by mail.
183     (c)  Any controlled substance listed in Schedule III or
184Schedule IV may be dispensed by a pharmacist upon an oral
185prescription if, before filling the prescription, the pharmacist
186reduces the prescription to writing or records it
187electronically. Such prescriptions must contain the date of the
188oral authorization.
189     (d)  Each written prescription from a practitioner in this
190state for a controlled substance listed in Schedule II, Schedule
191III, or Schedule IV must include both a written and a numerical
192notation of the quantity on the face of the prescription and a
193notation of the date with the abbreviated month written out on
194the face of the prescription. A pharmacist may, upon
195verification by the prescriber, document any information
196required by this paragraph.
197     (e)  A pharmacist may not dispense more than a 30-day
198supply of a controlled substance listed in Schedule III upon an
199oral prescription issued in this state.
200     (f)  A pharmacist may not knowingly fill a prescription
201that has been forged for a controlled substance listed in
202Schedule II, Schedule III, or Schedule IV.
203     (3)(2)  Notwithstanding the provisions of subsection (1), a
204pharmacist may dispense a one-time emergency refill of up to a
20572-hour supply of the prescribed medication for any medicinal
206drug other than a medicinal drug listed in Schedule II, in
207compliance with the provisions of s. 465.0275.
208     (4)(3)  The legal owner of any stock of controlled
209substances in a pharmacy, upon discontinuance of dealing in
210controlled substances, may sell said stock to a manufacturer,
211wholesaler, or pharmacy. Such controlled substances may be sold
212only upon an order form, when such an order form is required for
213sale by the drug abuse laws of the United States or this state,
214or regulations pursuant thereto.
215     Section 5.  Section 893.065, Florida Statutes, is created
216to read:
217     893.065  Counterfeit-resistant prescription blanks for
218controlled substances listed in Schedules II-IV.--The department
219shall develop and adopt by rule the form and content for a
220counterfeit-resistant prescription blank that may be used by
221practitioners to prescribe a controlled substance listed in
222Schedule II, Schedule III, or Schedule IV. The department may
223require the prescription blanks to be printed on distinctive,
224watermarked paper and to bear the preprinted name, address, and
225category of professional licensure of the practitioner and that
226practitioner's federal registry number for controlled
227substances. The prescription blanks may not be transferred.
228     Section 6.  The penalties created in s. 831.311(2), Florida
229Statutes, by this act shall be effective only upon the adoption
230of the rules required pursuant to s. 893.065, Florida Statutes,
231as created by this act.
232     Section 7.  If a person dies of an apparent drug overdose:
233     (1)  A law enforcement agency shall prepare a report
234identifying each prescribed controlled substance listed in
235Schedule II, Schedule III, or Schedule IV of s. 893.03, Florida
236Statutes, that is found on or near the deceased or among the
237deceased's possessions. The report must identify the person who
238prescribed the controlled substance, if known or ascertainable.
239Thereafter, the law enforcement agency shall submit a copy of
240the report to the medical examiner.
241     (2)  A medical examiner who is preparing a report pursuant
242to s. 406.11, Florida Statutes, shall include in the report
243information identifying each prescribed controlled substance
244listed in Schedule II, Schedule III, or Schedule IV of s.
245893.03, Florida Statutes, that was found in, on, or near the
246deceased or among the deceased's possessions.
247     Section 8.  The sum of $100,000 in nonrecurring general
248revenue funds is appropriated to the Agency for Health Care
249Administration to implement the provisions of this act.
250     Section 9.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.