HB 1011

1
A bill to be entitled
2An act relating to monitoring controlled substance
3prescriptions; creating s. 893.055, F.S.; providing a
4definition; requiring the Department of Health to
5establish, initially within specified counties, a
6comprehensive electronic system to monitor the dispensing
7of specified controlled substances; requiring the
8department to phase in implementation statewide; requiring
9the dispensing of such controlled substances to be
10reported to the department through the system; providing
11exceptions; providing for rulemaking concerning data to be
12reported and for reporting formats; providing that costs
13for required reporting by dispenser may not be material or
14extraordinary; providing that specified costs are not
15material or extraordinary; authorizing transmission of
16data to certain persons or agencies; providing for data
17retention; requiring that data transmissions comply with
18privacy and security laws; providing penalties for
19violations; requiring that the department and regulatory
20boards adopt rules; requiring the department to obtain
21financial assistance through grants; providing an
22effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Section 893.055, Florida Statutes, is created
27to read:
28     893.055  Electronic monitoring system for dispensing of
29controlled substances listed in Schedules II, III, and IV.--
30     (1)  As used in this section, the term "pharmacy" means any
31pharmacy subject to licensure or regulation by the department
32under chapter 465 that dispenses or delivers a controlled
33substance listed in Schedule II, Schedule III, or Schedule IV to
34a patient in this state.
35     (2)  By June 30, 2009, the department shall design and
36establish an electronic system consistent with standards of the
37American Society for Automation in Pharmacy to monitor the
38prescribing and dispensing of controlled substances listed in
39Schedule II, Schedule III, or Schedule IV by health care
40practitioners and the dispensing of such controlled substances
41to an individual by a pharmacy permitted or registered by the
42Board of Pharmacy. Initially, the system shall be implemented in
43Broward County and Palm Beach County only. The department shall
44implement expansion of the program to include the remaining
45counties of the state in accordance with a plan to be developed
46by the department.
47     (3)  Each time a controlled substance listed in Schedule
48II, Schedule III, or Schedule IV is dispensed to an individual
49in the county, the controlled substance must be reported to the
50department through the system as soon thereafter as possible but
51not more than 35 days after the date the controlled substance is
52dispensed. A pharmacy or dispensing practitioner may meet the
53reporting requirements of this section by providing to the
54department, in a format approved by the department as provided
55in subsection (6), each controlled substance listed in Schedule
56II, Schedule III, or Schedule IV that it dispenses.
57     (4)  This section does not apply to controlled substances:
58     (a)  Administered by a health care practitioner directly to
59a patient.
60     (b)  Dispensed by a health care practitioner authorized to
61prescribe controlled substances directly to a patient and
62limited to an amount adequate to treat the patient for a period
63of not more than 72 hours.
64     (c)  Dispensed by a health care practitioner or a
65pharmacist to an inpatient of a facility that holds an
66institutional pharmacy permit.
67     (d)  Ordered from an institutional pharmacy permitted under
68s. 465.019 in accordance with the institutional policy for such
69controlled substances.
70     (e)  Dispensed by a pharmacist or administered by a health
71care practitioner to a patient or resident receiving care from a
72hospital, nursing home, assisted living facility, home health
73agency, hospice, or intermediate care facility for the
74developmentally disabled that is licensed in this state.
75     (5)  The data required to be reported under this section
76shall be determined by the department by rule but may include
77any data required under s. 893.04.
78     (6)  A practitioner or pharmacist who dispenses a
79controlled substance under this section must submit the
80information required by this section in a written or electronic
81or other format approved by rule of the department. The cost to
82the dispenser in submitting the information required by this
83section may not be material or extraordinary. Costs not
84considered to be material or extraordinary include, but are not
85limited to, regular postage, compact discs, zip-drive storage,
86regular electronic mail, magnetic tapes, diskettes, and
87facsimile charges. The information submitted to the department
88under this section may be transmitted to any person or agency
89authorized to receive it under chapter 119, and that person or
90agency may maintain the information received for up to 24 months
91before purging the information from its records. All
92transmissions required by this subsection must comply with
93relevant privacy and security laws of the state and the Federal
94Government. However, any authorized agency receiving such
95information may maintain it for longer than 24 months if the
96information is pertinent to an ongoing investigation or
97prosecution.
98     (7)  Any person who knowingly fails to report the
99dispensing of a controlled substance as required by this section
100commits a misdemeanor of the first degree, punishable as
101provided in s. 775.082 or s. 775.083.
102     (8)  The department and the regulatory boards for the
103health care practitioners subject to this section shall adopt
104rules pursuant to ss. 120.536(1) and 120.54 to administer this
105section.
106     (9)  All costs incurred by the department in administering
107the prescription monitoring system shall be paid through a grant
108applied for by the county or the state. The department and local
109government will cooperate in seeking grant funds at no cost to
110the department.
111     Section 2.  This act shall take effect July 1, 2008.


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