Florida Senate - 2016 SB 1472
By Senator Ring
29-01260-16 20161472__
1 A bill to be entitled
2 An act relating to prescription medication; amending
3 s. 456.42, F.S.; revising requirements for a written
4 prescription for a medicinal drug issued by a licensed
5 health care practitioner to include notification of
6 the medical condition for which the drug is
7 prescribed; amending s. 465.0276, F.S.; revising
8 requirements for the dispensing of complimentary
9 packages of medicinal drugs by a licensed health care
10 practitioner to his or her patient to include
11 notification of the medical condition for which the
12 drug is prescribed; amending s. 465.186, F.S.;
13 revising requirements for the ordering and dispensing
14 of medicinal drugs by a licensed pharmacist to include
15 notification of the medical condition for which the
16 drug is prescribed; amending s. 893.04, F.S.; revising
17 requirements for the dispensing of a controlled
18 substance by a licensed pharmacist to include
19 notification of the medical condition for which the
20 controlled substance is prescribed; amending s.
21 893.05, F.S.; revising requirements for the dispensing
22 of a controlled substance by a practitioner to include
23 notification of the medical condition for which the
24 controlled substance is prescribed; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsection (1) of section 456.42, Florida
30 Statutes, is amended to read:
31 456.42 Written prescriptions for medicinal drugs.—
32 (1) A written prescription for a medicinal drug issued by a
33 health care practitioner licensed by law to prescribe such drug
34 must be legibly printed or typed so as to be capable of being
35 understood by the pharmacist filling the prescription; must
36 contain the name of the prescribing practitioner, the name and
37 strength of the drug prescribed, the quantity of the drug
38 prescribed, and the directions for use of the drug, and the
39 medical condition for which the drug is prescribed; must be
40 dated; and must be signed by the prescribing practitioner on the
41 day when issued. However, a prescription that is electronically
42 generated and transmitted must contain the name of the
43 prescribing practitioner, the name and strength of the drug
44 prescribed, the quantity of the drug prescribed in numerical
45 format, and the directions for use of the drug, and the medical
46 condition for which the drug is prescribed and must be dated and
47 signed by the prescribing practitioner only on the day issued,
48 which signature may be in an electronic format as defined in s.
49 668.003(4).
50 Section 2. Subsection (5) of section 465.0276, Florida
51 Statutes, is amended to read:
52 465.0276 Dispensing practitioner.—
53 (5) A practitioner who confines her or his activities to
54 the dispensing of complimentary packages of medicinal drugs to
55 the practitioner’s own patients in the regular course of her or
56 his practice, without the payment of fee or remuneration of any
57 kind, whether direct or indirect, and who herself or himself
58 dispenses such drugs is not required to register pursuant to
59 this section. The practitioner must dispense such drugs in the
60 manufacturer’s labeled package with the practitioner’s name,
61 patient’s name, and date dispensed, and the medical condition
62 for which the drug is prescribed written on the package, or, if
63 such drugs are not dispensed in the manufacturer’s labeled
64 package, they must be dispensed in a container which bears the
65 following information:
66 (a) Practitioner’s name;
67 (b) Patient’s name;
68 (c) Date dispensed;
69 (d) Name and strength of drug; and
70 (e) Directions for use; and.
71 (f) The medical condition for which the drug is prescribed.
72 Section 3. Present paragraph (g) of subsection (3) of
73 section 465.186, Florida Statutes, is redesignated as paragraph
74 (h) and a new paragraph (g) is added to that subsection, to
75 read:
76 465.186 Pharmacist’s order for medicinal drugs; dispensing
77 procedure; development of formulary.—
78 (3) Affixed to the container containing a medicinal drug
79 dispensed pursuant to this section shall be a label bearing the
80 following information:
81 (g) The medical condition for which the drug is prescribed.
82 Section 4. Paragraphs (c) and (e) of subsection (1) of
83 section 893.04, Florida Statutes, are amended to read:
84 893.04 Pharmacist and practitioner.—
85 (1) A pharmacist, in good faith and in the course of
86 professional practice only, may dispense controlled substances
87 upon a written or oral prescription of a practitioner, under the
88 following conditions:
89 (c) There shall appear on the face of the prescription or
90 written record thereof for the controlled substance the
91 following information:
92 1. The full name and address of the person for whom, or the
93 owner of the animal for which, the controlled substance is
94 dispensed.
95 2. The full name and address of the prescribing
96 practitioner and the practitioner’s federal controlled substance
97 registry number shall be printed thereon.
98 3. If the prescription is for an animal, the species of
99 animal for which the controlled substance is prescribed.
100 4. The name of the controlled substance prescribed and the
101 strength, quantity, and directions for use thereof.
102 5. The medical condition for which the controlled substance
103 is prescribed.
104 6.5. The number of the prescription, as recorded in the
105 prescription files of the pharmacy in which it is filled.
106 7.6. The initials of the pharmacist filling the
107 prescription and the date filled.
108 (e) Affixed to the original container in which a controlled
109 substance is delivered upon a prescription or authorized refill
110 thereof, as hereinafter provided, there shall be a label bearing
111 the following information:
112 1. The name and address of the pharmacy from which such
113 controlled substance was dispensed.
114 2. The date on which the prescription for such controlled
115 substance was filled.
116 3. The number of such prescription, as recorded in the
117 prescription files of the pharmacy in which it is filled.
118 4. The name of the prescribing practitioner.
119 5. The name of the patient for whom, or of the owner and
120 species of the animal for which, the controlled substance is
121 prescribed.
122 6. The directions for the use of the controlled substance
123 prescribed in the prescription.
124 7. The medical condition for which the controlled substance
125 is prescribed.
126 8.7. A clear, concise warning that it is a crime to
127 transfer the controlled substance to any person other than the
128 patient for whom prescribed.
129 Section 5. Subsection (2) of section 893.05, Florida
130 Statutes, is amended to read:
131 893.05 Practitioners and persons administering controlled
132 substances in their absence.—
133 (2) When any controlled substance is dispensed by a
134 practitioner, there shall be affixed to the original container
135 in which the controlled substance is delivered a label on which
136 appears:
137 (a) The date of delivery.
138 (b) The directions for use of such controlled substance.
139 (c) The medical condition for which the controlled
140 substance is prescribed.
141 (d)(c) The name and address of such practitioner.
142 (e)(d) The name of the patient and, if such controlled
143 substance is prescribed for an animal, a statement describing
144 the species of the animal.
145 (f)(e) A clear, concise warning that it is a crime to
146 transfer the controlled substance to any person other than the
147 patient for whom prescribed.
148 Section 6. This act shall take effect July 1, 2016.