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A bill to be entitled

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An act relating to controlled substances; creating s.

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893.055, F.S.; providing definitions; requiring the

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Department of Health to establish an electronic system to

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monitor the prescribing and dispensing of controlled

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substances listed in Schedule II, Schedule III, or

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Schedule IV in two counties; requiring the department to

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implement the expansion of the system to the remaining

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counties in the state; requiring the dispensing of such

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controlled substances to be reported through the system;

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providing reporting requirements; specifying circumstances

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under which a pharmacy is exempt from participation in the

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pilot project; requiring certain pharmacists or

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practitioners to submit information in a certain format;

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providing a penalty; requiring that the department and

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regulatory boards adopt rules; requiring that all costs

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incurred by the department be paid through a grant;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 893.055, Florida Statutes, is created to

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read:

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     893.055 Electronic-monitoring system for prescription of

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controlled substances listed in Schedule II, Schedule III, or

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Schedule IV.--

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     (1) As used in this section, the term:

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     (a) "Department" means the Department of Health.

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     (b) "Pharmacy" means any pharmacy subject to licensure or

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regulation by the department pursuant to chapter 465 which

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dispenses or delivers a controlled substance included on Schedule

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II, Schedule III, or Schedule IV to a patient in this state.

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     (2) By June 30, 2009, the department shall design and

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establish an electronic system consistent with standards of the

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American Society for Automation in Pharmacy to monitor the

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prescribing of controlled substances listed in Schedule II,

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Schedule III, or Schedule IV by health care practitioners and the

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dispensing of such controlled substances to an individual by a

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pharmacy permitted or registered by the Board of Pharmacy. Phase

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one of the system shall be implemented in two geographic areas.

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One site shall include only Broward County. A second site shall

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include Palm Beach County. By June 30, 2010, the department shall

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implement expansion of the program to include the remaining

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counties of the state in accordance with a plan developed by the

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department.

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     (3) Each time a controlled substance listed in Schedule

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II, Schedule III, or Schedule IV is dispensed to an individual,

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the controlled substance must be reported to the department

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through the system as soon thereafter as possible, but not more

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than 35 days after the date the controlled substance is

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dispensed. A pharmacy or dispensing practitioner may meet the

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reporting requirements of this section by providing to the

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department in written or any electronic or magnetic format,

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including, but not limited to, electronic submission via the

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Internet or magnetic disc or tape, each controlled substance

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listed in Schedule II, Schedule III, or Schedule IV which it

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dispenses.

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     (4) This section does not apply to controlled substances:

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     (a) Administered by a health care practitioner directly

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to a patient.

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     (b) Dispensed by a health care practitioner authorized to

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prescribe controlled substances directly to a patient and limited

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to an amount adequate to treat the patient for a period of not

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more than 72 hours.

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     (c) Dispensed by a health care practitioner or a

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pharmacist to an inpatient of a facility that holds an

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institutional pharmacy permit.

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     (d) Ordered from an institutional pharmacy permitted

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under s. 465.019 in accordance with the institutional policy for

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such controlled substances or drugs.

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     (e) Dispensed by a pharmacist or administered by a

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health care practitioner to a patient or resident receiving care

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from a hospital, nursing home, assisted living facility, home

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health agency, hospice, or intermediate care facility for the

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developmentally disabled which is licensed in this state.

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     (5) The data required to be reported under this section

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shall be determined by the department by rule but may include any

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data required under s. 893.04.

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     (6) A practitioner or pharmacist who dispenses a

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controlled substance listed in Schedule II, Schedule III, or

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Schedule IV must submit the information required by this section

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in an electronic or other format approved by rule of the

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department. The cost to the dispenser in submitting the

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information required by this section may not be material or

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extraordinary. Costs not considered to be material or

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extraordinary include, but are not limited to, regular postage,

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compact discs, zip-drive storage, regular electronic mail,

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magnetic tapes, diskettes, and facsimile charges. The information

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submitted to the department under this section may be transmitted

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to any person or agency authorized to receive it pursuant to

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chapter 119, and that person or agency may maintain the

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information received for up to 24 months before purging the

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information from its records. All transmissions required by this

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subsection must comply with relevant privacy and security laws of

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the state and federal government. However, any authorized agency

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receiving such information may maintain it for longer than 24

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months if the information is pertinent to an ongoing

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investigation or prosecution.

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     (7) Any person who knowingly fails to report the

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dispensing of a controlled substance listed in Schedule II,

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Schedule III, or Schedule IV as required by this section commits

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a misdemeanor of the first degree, punishable as provided in s.

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775.082 or s. 775.083.

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     (8) The department and the regulatory boards for the

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health care practitioners subject to this section shall adopt

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rules pursuant to ss. 120.536(1) and 120.54 to administer this

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section.

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     (9) All costs incurred by the department in administering

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the prescription-monitoring system shall be through a grant

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applied for by the county or the state. The department and local

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government shall cooperate in seeking grant funds at no cost to

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the department.

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     Section 2.  This act shall take effect July 1, 2008.