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.