Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. CS for SB 840
Ì199576^Î199576
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/17/2017 .
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The Committee on Governmental Oversight and Accountability
(Clemens) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 20 - 120
4 and insert:
5 Section 1. The Legislature finds that the road to drug
6 addiction may begin as early as 3 days after the initiation of
7 opioid treatment for acute pain. Because of the potentially
8 devastating effects of such addiction, the Legislature also
9 finds that awareness of this potentially life-threatening
10 problem must be raised among Florida’s physicians. The
11 Department of Health is directed to include as part of a
12 physician’s continuing medical education requirements
13 information on the risks of opioid addiction following even
14 brief periods of treatment in the management of acute pain.
15 Section 2. Subsection (4), paragraph (g) of subsection (5),
16 and paragraphs (a) and (b) of subsection (7) of section 893.055,
17 Florida Statutes, are amended to read:
18 893.055 Prescription drug monitoring program.—
19 (4) Each time a controlled substance is dispensed to an
20 individual, the controlled substance shall be reported to the
21 department through the system as soon thereafter as possible,
22 but no later than the close of the next business day not more
23 than 7 days after the day date the controlled substance is
24 dispensed unless an extension is approved by the department for
25 cause as determined by rule. A dispenser must meet the reporting
26 requirements of this section by submitting via the department
27 approved electronic system providing the required information
28 concerning each controlled substance that it dispensed in a
29 department-approved, secure methodology and format. Such
30 approved formats may include, but are not limited to, submission
31 via the Internet, on a disc, or by use of regular mail.
32 (5) When the following acts of dispensing or administering
33 occur, the following are exempt from reporting under this
34 section for that specific act of dispensing or administration:
35 (g) A rehabilitative hospital, assisted living facility, or
36 nursing home dispensing a certain dosage of a controlled
37 substance, as needed, to a patient while the patient is present
38 and receiving care as ordered by the patient’s treating
39 physician.
40 (7)(a) A practitioner or pharmacist who dispenses a
41 controlled substance must submit the information required by
42 this section in an electronic or other method in an ASAP format
43 approved by rule of the department unless otherwise provided in
44 this section. The cost to the dispenser in submitting the
45 information required by this section may not be material or
46 extraordinary. Costs not considered to be material or
47 extraordinary include, but are not limited to, regular postage,
48 electronic media, regular electronic mail, and facsimile
49 charges.
50 (b) A pharmacy, prescriber, or dispenser, or the designee
51 of a pharmacy, prescriber, or dispenser, shall have access to
52 information in the prescription drug monitoring program’s
53 database which relates to a patient of that pharmacy,
54 prescriber, or dispenser in a manner established by the
55 department as needed for the purpose of reviewing the patient’s
56 controlled substance prescription history. An employee of the
57 United States Department of Veterans Affairs who provides health
58 care services pursuant to such employment and has the authority
59 to prescribe controlled substances shall have access to the
60 information in the program’s database in a manner established by
61 the department. Such access is limited to the information that
62 relates to a patient of such employee and may be accessed only
63 for the purpose of reviewing the patient’s controlled substance
64 prescription history. Other access to the program’s database
65 shall be limited to the program’s manager and to the designated
66 program and support staff, who may act only at the direction of
67 the program manager or, in the absence of the program manager,
68 as authorized. Access by the program manager or such designated
69 staff is for prescription drug program management only or for
70 management of the program’s database and its system in support
71 of the requirements of this section and in furtherance of the
72 prescription drug monitoring program. Confidential and exempt
73 information in the database shall be released only as provided
74 in paragraph (c) and s. 893.0551. The program manager,
75 designated program and support staff who act at the direction of
76 or in the absence of the program manager, and any individual who
77 has similar access regarding the management of the database from
78 the prescription drug monitoring program shall submit
79 fingerprints to the department for background screening. The
80 department shall follow the procedure established by the
81 Department of Law Enforcement to request a statewide criminal
82 history record check and to request that the Department of Law
83 Enforcement forward the fingerprints to the Federal Bureau of
84 Investigation for a national criminal history record check.
85 Section 3. The requirement in s. 893.055(4), Florida
86 Statutes, as amended by this act, that the dispensing of a
87 controlled substance be reported to the Department of Health no
88 later than the next business day shall take effect January 1,
89 2018.
90
91 ================= T I T L E A M E N D M E N T ================
92 And the title is amended as follows:
93 Delete lines 3 - 15
94 and insert:
95 providing legislative findings; directing the
96 Department of Health to include information on the
97 risks of opioid addiction as part of a physician’s
98 continuing medical education requirements; amending s.
99 893.055, F.S.; revising requirements for reporting the
100 dispensing of controlled substances; limiting an
101 exception to reporting requirements for certain
102 facilities that dispense controlled substances;
103 authorizing certain employees of the United States
104 Department of Veterans Affairs access to certain
105 information in the prescription drug monitoring
106 program’s database; specifying when a revised
107 reporting requirement takes effect;