Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 818
       
       
       
       
       
       
                                Barcode 796860                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 7/AD/2R         .                                
             04/28/2011 02:17 PM       .                                
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       Senator Fasano moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 790 - 817
    4  and insert:
    5         (3)(a) A licensed pharmacist may not knowingly fail to
    6  timely report to the local county sheriff’s office the name of
    7  any person who obtains or attempts to obtain a substance
    8  controlled by s. 893.03 which the licensed pharmacist knows or
    9  reasonably should have known was obtained or attempted to be
   10  obtained from the pharmacy through any fraudulent method or
   11  representation. A licensed pharmacist who fails to make such a
   12  report within 24 hours after learning of the fraud or attempted
   13  fraud commits a misdemeanor of the first degree, punishable as
   14  provided in s. 775.082 or s. 775.083.
   15         (b) A sufficient report of the fraudulent obtaining of or
   16  attempt to obtain a controlled substance under this subsection
   17  must contain, at a minimum, a copy of the prescription used or
   18  presented and a narrative, including all information available
   19  to the pharmacy regarding:
   20         1. The transaction, such as the name and telephone number
   21  of the prescribing physician;
   22         2. The name, description, and any personal identification
   23  information pertaining to the person presenting the
   24  prescription; and
   25         3. All other material information, such as photographic or
   26  video surveillance of the transaction.
   27  
   28  A licensed pharmacist is not subject to disciplinary action for
   29  reporting under this subsection.
   30  
   31  ================= T I T L E  A M E N D M E N T ================
   32         And the title is amended as follows:
   33         Delete lines 87 - 100
   34  and insert:
   35         465.015, F.S.; prohibiting a licensed pharmacist from
   36         knowingly failing to report to the local county
   37         sheriff’s office the commission of a felony involving
   38         a person who acquires or obtains possession of a
   39         controlled substance by misrepresentation, fraud,
   40         forgery, deception, or subterfuge under certain
   41         conditions; providing penalties; providing
   42         requirements for reporting the commission of a felony
   43         that involves a person who acquires or obtains
   44         possession of a controlled substance by
   45         misrepresentation, fraud, forgery, deception, or
   46         subterfuge; providing that a licensed pharmacist is
   47         not subject to disciplinary action for reporting;
   48         amending