Florida Senate - 2009 SB 462 By Senator Fasano 11-00424-09 2009462__ 1 A bill to be entitled 2 An act relating to controlled substances; creating s. 3 893.055, F.S.; providing definitions; requiring the 4 Agency for Health Care Administration to establish a 5 statewide, comprehensive electronic system to monitor 6 the prescribing and dispensing of controlled 7 substances listed in Schedule II, Schedule III, or 8 Schedule IV; providing reporting requirements; 9 requiring the agency to notify certain dispensers and 10 prescribers of the implementation date for the 11 reporting of controlled substances; specifying 12 circumstances under which a pharmacy or practitioner 13 is exempt from participating in the system; requiring 14 prescribing or dispensing pharmacists and 15 practitioners to submit information in a certain 16 format; providing a penalty; requiring that the 17 department and regulatory boards adopt rules; 18 requiring that all costs incurred by the agency be 19 paid through federal, private, or grant funding 20 sources; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 893.055, Florida Statutes, is created to 25 read: 26 893.055 Electronic-monitoring system for prescription of 27 controlled substances listed in Schedule II, Schedule III, or 28 Schedule IV.— 29 (1) As used in this section, the term: 30 (a) “Agency” means the Agency for Health Care 31 Administration. 32 (b) “Department” means the Department of Health. 33 (c) “Pharmacy” means any pharmacy that is subject to 34 licensure or regulation by the department pursuant to chapter 35 465 and that dispenses or delivers a controlled substance 36 included in Schedule II, Schedule III, or Schedule IV in s. 37 893.03 to a patient in this state. 38 (2) By June 30, 2010, the agency shall design and establish 39 an electronic system consistent with standards of the American 40 Society for Automation in Pharmacy to monitor the prescribing of 41 controlled substances listed in Schedule II, Schedule III, or 42 Schedule IV in s. 893.03 by health care practitioners and the 43 dispensing of such controlled substances to an individual by a 44 dispensing practitioner pursuant to chapter 465 or a pharmacy 45 permitted or registered by the Board of Pharmacy pursuant to 46 chapter 465. 47 (3) Each time a controlled substance listed in Schedule II, 48 Schedule III, or Schedule IV is dispensed to an individual, the 49 controlled substance must be reported to the agency through the 50 system as soon thereafter as possible, but not more than 15 days 51 after the date the controlled substance is dispensed. A pharmacy 52 or dispensing practitioner may meet the reporting requirements 53 of this section by providing to the agency in written or any 54 electronic or magnetic format, including, but not limited to, 55 electronic submission via the Internet or magnetic disc or tape, 56 each controlled substance listed in Schedule II, Schedule III, 57 or Schedule IV which it dispenses. 58 (4) The agency shall notify each dispenser and prescriber 59 subject to the reporting requirements in this section of the 60 implementation date for the reporting requirements as set forth 61 in the rules of the agency. 62 (5) This section does not apply to controlled substances: 63 (a) Administered by a health care practitioner directly to 64 a patient. 65 (b) Dispensed by a health care practitioner authorized to 66 prescribe controlled substances directly to a patient and 67 limited to an amount adequate to treat the patient for a period 68 of not more than 72 hours. 69 (c) Dispensed by a health care practitioner or a pharmacist 70 to an inpatient of a facility that holds an institutional 71 pharmacy permit. 72 (d) Ordered from an institutional pharmacy permitted under 73 s. 465.019 in accordance with the institutional policy for such 74 controlled substances or drugs. 75 (e) Dispensed by a pharmacist or administered by a health 76 care practitioner to a patient or resident receiving care from a 77 hospital, nursing home, assisted living facility, home health 78 agency, hospice, or intermediate care facility for the 79 developmentally disabled which is licensed in this state. 80 (6) The data required to be reported under this section 81 shall be determined by the department by rule and may include, 82 but is not limited to, any data required under s. 893.04. 83 (7) A practitioner or pharmacist who dispenses a controlled 84 substance listed in Schedule II, Schedule III, or Schedule IV in 85 s. 893.03 must submit the information required by this section 86 in an electronic or other format approved by rule of the agency. 87 The cost to the dispenser in submitting the information required 88 by this section may not be material or extraordinary. Costs not 89 considered to be material or extraordinary include, but are not 90 limited to, regular postage, compact discs, zip-drive storage, 91 regular electronic mail, magnetic tapes, diskettes, and 92 facsimile charges. The information submitted to the agency under 93 this section may be transmitted to any person or agency 94 authorized to receive it pursuant to chapter 119, and that 95 person or agency may maintain the information received for up to 96 24 months before purging the information from its records. All 97 transmissions required by this subsection must comply with 98 relevant privacy and security laws of the state and federal 99 government. However, any authorized agency receiving such 100 information may maintain it for longer than 24 months if the 101 information is pertinent to an ongoing investigation or 102 prosecution. 103 (8) Any person who knowingly fails to report the dispensing 104 of a controlled substance listed in Schedule II, Schedule III, 105 or Schedule IV as required by this section commits a misdemeanor 106 of the first degree, punishable as provided in s. 775.082 or s. 107 775.083. 108 (9) The department and the regulatory boards for the health 109 care practitioners subject to this section shall adopt rules to 110 administer this section. 111 (10) All costs incurred by the agency in administering the 112 prescription-monitoring system shall be through federal, 113 private, or grant funding applied for by the state. The agency 114 and state government shall cooperate in seeking grant funds at 115 no cost to the agency. 116 Section 2. This act shall take effect July 1, 2009.