Florida Senate - 2009                      CS for CS for SB 1868
       
       
       
       By the Committees on Health and Human Services Appropriations;
       and Health Regulation; and Senator Peaden
       
       
       
       603-05155-09                                          20091868c2
    1                        A bill to be entitled                      
    2         An act relating to prescribed drugs; amending ss.
    3         465.003 and 465.019, F.S.; authorizing the use of an
    4         institutional formulary system in a Class I
    5         institutional pharmacy at which, with certain
    6         exceptions, all medicinal drugs are administered from
    7         individual prescription containers to the patient and
    8         medicinal drugs are not dispensed on the premises;
    9         specifying requirements for the policies and
   10         procedures of such an institutional formulary system;
   11         amending s. 627.4239, F.S.; revising the definition of
   12         the term “standard reference compendium” for purposes
   13         of regulating the insurance coverage of drugs used in
   14         the treatment of cancer; amending s. 456.42, F.S.;
   15         revising provisions specifying the information
   16         required to be included in written prescriptions for
   17         medicinal drugs; amending s. 893.04, F.S.; authorizing
   18         a pharmacist to dispense a controlled substance and
   19         require photographic identification without
   20         documenting certain information; authorizing a
   21         pharmacist to dispense a controlled substance without
   22         verification of certain information by the prescriber
   23         under certain circumstances; providing an effective
   24         date.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsection (7) of section 465.003, Florida
   29  Statutes, is amended to read:
   30         465.003 Definitions.—As used in this chapter, the term:
   31         (7) “Institutional formulary system” means a method whereby
   32  the medical staff evaluates, appraises, and selects those
   33  medicinal drugs or proprietary preparations which in the medical
   34  staff’s clinical judgment are most useful in patient care, and
   35  which are available for dispensing by a practicing pharmacist
   36  for in a Class I or in a Class II institutional pharmacy.
   37         Section 2. Subsection (6) of section 465.019, Florida
   38  Statutes, is amended, and subsection (7) is added to that
   39  section, to read:
   40         465.019 Institutional pharmacies; permits.—
   41         (6) In a Class I or Class II institutional pharmacy, an
   42  institutional formulary system may be adopted with approval of
   43  the medical staff for the purpose of identifying those medicinal
   44  drugs and proprietary preparations that may be dispensed by a
   45  practicing pharmacist for a Class I or in a Class II
   46  institutional pharmacy the pharmacists employed in such
   47  institution. A facility that has with a Class I or Class II
   48  institutional permit which is operating under the formulary
   49  system shall establish policies and procedures for the
   50  development of the system, in accordance with the joint
   51  standards of the American Hospital Association and American
   52  Society of Hospital Pharmacists, for the use utilization of an
   53  institutional a hospital formulary system, which formulary shall
   54  be approved by the medical staff.
   55         (7)The policies and procedures for an institutional
   56  formulary system in a Class I institutional pharmacy shall:
   57         (a)Be approved by the medical staff.
   58         (b)Openly provide detailed methods and criteria for the
   59  selection and objective evaluation of all available
   60  pharmaceuticals.
   61         (c)Include policies for the development, maintenance,
   62  approval, dissemination, and notification to prescribers of the
   63  drug formulary and for continuous and comprehensive review of
   64  formulary drugs.
   65         (d)Provide for regular monitoring of compliance with the
   66  policies and procedures and of clinical outcomes in
   67  circumstances in which a substitution of drugs has occurred.
   68         (e)Provide a mechanism to inform the prescriber prior to
   69  any substitution of drugs by using a method of communication
   70  designated by the prescriber on the prescription for such
   71  purpose. The method of communication designated by the
   72  prescriber shall be noted in the patient’s chart. The prescriber
   73  must provide annual written prior approval for the substitution
   74  of drugs on the institutional formulary to be allowed for the
   75  prescriber’s patients.
   76         (f)Establish a process that allows any individual
   77  prescriber to opt out of the formulary system entirely.
   78         (g)Establish a process that allows any individual
   79  prescriber to opt out of the formulary system with respect to a
   80  particular patient.
   81         (h)Provide a mechanism to ensure that patients or
   82  guardians are informed of any change of an existing prescription
   83  to a formulary substitute.
   84         (i)Include policies stating that practitioners are not
   85  penalized for prescribing nonformulary drug products that are
   86  medically necessary.
   87         (j)Be consistent with applicable state and federal laws
   88  and with rules of the department and board.
   89         Section 3. Paragraph (b) of subsection (1) of section
   90  627.4239, Florida Statutes, is amended to read:
   91         627.4239 Coverage for use of drugs in treatment of cancer.—
   92         (1) DEFINITIONS.—As used in this section, the term:
   93         (b) “Standard reference compendium” means an authoritative
   94  compendium identified by the Secretary of the United States
   95  Department of Health and Human Services and recognized by the
   96  federal Centers for Medicare and Medicaid Services:
   97         1.The United States Pharmacopeia Drug Information;
   98         2.The American Medical Association Drug Evaluations; or
   99         3.The American Hospital Formulary Service Drug
  100  Information.
  101         Section 4. Section 456.42, Florida Statutes, is amended to
  102  read:
  103         456.42 Written prescriptions for medicinal drugs.—A written
  104  prescription for a medicinal drug issued by a health care
  105  practitioner licensed by law to prescribe such drug must be
  106  legibly printed or typed so as to be capable of being understood
  107  by the pharmacist filling the prescription; must contain the
  108  name of the prescribing practitioner, the name and strength of
  109  the drug prescribed, the quantity of the drug prescribed in both
  110  textual and numerical formats, and the directions for use of the
  111  drug; must be dated with the month written out in textual
  112  letters; and must be signed by the prescribing practitioner on
  113  the day when issued. A written prescription for a controlled
  114  substance listed in chapter 893 must have the quantity of the
  115  drug prescribed in both textual and numerical formats and must
  116  be dated with the abbreviated month written out on the face of
  117  the prescription. However, a prescription that is electronically
  118  generated and transmitted must contain the name of the
  119  prescribing practitioner, the name and strength of the drug
  120  prescribed, the quantity of the drug prescribed in numerical
  121  format, and the directions for use of the drug and must be dated
  122  and signed by the prescribing practitioner only on the day
  123  issued, which signature may be in an electronic format as
  124  defined in s. 668.003(4).
  125         Section 5. Paragraph (d) of subsection (2) of section
  126  893.04, Florida Statutes, is amended to read:
  127         893.04 Pharmacist and practitioner.—
  128         (2)
  129         (d) Each written prescription prescribed by a practitioner
  130  in this state for a controlled substance listed in Schedule II,
  131  Schedule III, or Schedule IV must include both a written and a
  132  numerical notation of the quantity of the controlled substance
  133  prescribed on the face of the prescription and a notation of the
  134  date, with the abbreviated month written out on the face of the
  135  prescription. A pharmacist may, upon verification by the
  136  prescriber, document any information required by this paragraph.
  137  If the prescriber is not available to verify a prescription, the
  138  pharmacist may dispense the controlled substance but may insist
  139  that the person to whom the controlled substance is dispensed
  140  provide valid photographic identification. If a prescription
  141  includes a numerical notation of the quantity of the controlled
  142  substance or date, but does not include the quantity or date
  143  written out in textual format, the pharmacist may dispense the
  144  controlled substance without verification by the prescriber of
  145  the quantity or date if the pharmacy previously dispensed
  146  another prescription for the person to whom the prescription was
  147  written.
  148         Section 6. This act shall take effect July 1, 2009.