Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 818
       
       
       
       
       
       
                                Barcode 149122                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/22/2011           .                                
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       The Committee on Criminal Justice (Dockery) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 783 - 812
    4  and insert:
    5         (3)(a) A licensed pharmacist or other person employed by or
    6  at a pharmacy may not knowingly fail to timely report to the
    7  local county sheriff’s office the name of any person who obtains
    8  or attempts to obtain a substance controlled by s. 893.03 which
    9  the licensed pharmacist or other person employed by or at the
   10  pharmacy knows or reasonably should have known was obtained or
   11  attempted to be obtained from the pharmacy through any
   12  fraudulent method or representation. A licensed pharmacist or
   13  other person employed by or at a pharmacy who fails to make such
   14  a report within 24 hours after learning of the fraud or
   15  attempted fraud commits a misdemeanor of the first degree,
   16  punishable as provided in s. 775.082 or s. 775.083.
   17         (b) A sufficient report of the fraudulent obtaining of or
   18  attempt to obtain a controlled substance under this subsection
   19  must contain, at a minimum, a copy of the prescription used or
   20  presented and a narrative, including all information available
   21  to the pharmacy regarding:
   22         1. The transaction, such as the name and telephone number
   23  of the prescribing physician;
   24         2. The name, description, and any personal identification
   25  information pertaining to the person presenting the
   26  prescription; and
   27         3. All other material information, such as photographic or
   28  video surveillance of the transaction.
   29  
   30  A licensed pharmacist or other person employed by or at a
   31  pharmacy is not subject to disciplinary action for reporting
   32  under this subsection.
   33  
   34  ================= T I T L E  A M E N D M E N T ================
   35         And the title is amended as follows:
   36         Delete lines 98 - 100
   37  and insert:
   38         subterfuge; providing that a licensed pharmacist or
   39         other person employed by or at a pharmacy is not
   40         subject to disciplinary action for reporting;