Florida Senate - 2017                       CS for CS for SB 840
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Health Policy; and Senator Clemens
       
       
       
       
       585-03973-17                                           2017840c2
    1                        A bill to be entitled                      
    2         An act relating to controlled substance prescribing;
    3         providing legislative findings; directing the
    4         Department of Health to include information on the
    5         risks of opioid addiction as part of a practitioner’s
    6         continuing medical education requirements; amending s.
    7         893.055, F.S.; revising requirements for reporting the
    8         dispensing of controlled substances; limiting an
    9         exception to reporting requirements for certain
   10         facilities that dispense controlled substances;
   11         authorizing certain employees of the United States
   12         Department of Veterans Affairs access to certain
   13         information in the prescription drug monitoring
   14         program’s database; specifying when a revised
   15         reporting requirement takes effect; providing
   16         effective dates.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. The Legislature finds that the road to drug
   21  addiction may begin as early as 3 days after the initiation of
   22  opioid treatment for acute pain. Because of the potentially
   23  devastating effects of such addiction, the Legislature also
   24  finds that awareness of this potentially life-threatening
   25  problem must be raised among Florida’s practitioners. The
   26  applicable boards within the Department of Health with
   27  jurisdiction over practitioners, as defined in s. 893.02,
   28  Florida Statutes, who are authorized to prescribe controlled
   29  substances are directed to include as part of the practitioner’s
   30  continuing medical education requirements information on the
   31  risks of opioid addiction following even brief periods of
   32  treatment in the management of acute pain.
   33         Section 2. Subsection (4), paragraph (g) of subsection (5),
   34  and paragraphs (a) and (b) of subsection (7) of section 893.055,
   35  Florida Statutes, are amended to read:
   36         893.055 Prescription drug monitoring program.—
   37         (4) Each time a controlled substance is dispensed to an
   38  individual, the controlled substance shall be reported to the
   39  department through the system as soon thereafter as possible,
   40  but no later than the close of the next business day not more
   41  than 7 days after the day date the controlled substance is
   42  dispensed unless an extension is approved by the department for
   43  cause as determined by rule. A dispenser must meet the reporting
   44  requirements of this section by submitting via the department
   45  approved electronic system providing the required information
   46  concerning each controlled substance that it dispensed in a
   47  department-approved, secure methodology and format. Such
   48  approved formats may include, but are not limited to, submission
   49  via the Internet, on a disc, or by use of regular mail.
   50         (5) When the following acts of dispensing or administering
   51  occur, the following are exempt from reporting under this
   52  section for that specific act of dispensing or administration:
   53         (g) A rehabilitative hospital, assisted living facility, or
   54  nursing home dispensing a certain dosage of a controlled
   55  substance, as needed, to a patient while the patient is present
   56  and receiving care as ordered by the patient’s treating
   57  physician.
   58         (7)(a) A practitioner or pharmacist who dispenses a
   59  controlled substance must submit the information required by
   60  this section in an electronic or other method in an ASAP format
   61  approved by rule of the department unless otherwise provided in
   62  this section. The cost to the dispenser in submitting the
   63  information required by this section may not be material or
   64  extraordinary. Costs not considered to be material or
   65  extraordinary include, but are not limited to, regular postage,
   66  electronic media, regular electronic mail, and facsimile
   67  charges.
   68         (b) A pharmacy, prescriber, or dispenser, or the designee
   69  of a pharmacy, prescriber, or dispenser, shall have access to
   70  information in the prescription drug monitoring program’s
   71  database which relates to a patient of that pharmacy,
   72  prescriber, or dispenser in a manner established by the
   73  department as needed for the purpose of reviewing the patient’s
   74  controlled substance prescription history. An employee of the
   75  United States Department of Veterans Affairs who provides health
   76  care services pursuant to such employment and has the authority
   77  to prescribe controlled substances shall have access to the
   78  information in the program’s database in a manner established by
   79  the department. Such access is limited to the information that
   80  relates to a patient of such employee and may be accessed only
   81  for the purpose of reviewing the patient’s controlled substance
   82  prescription history. Other access to the program’s database
   83  shall be limited to the program’s manager and to the designated
   84  program and support staff, who may act only at the direction of
   85  the program manager or, in the absence of the program manager,
   86  as authorized. Access by the program manager or such designated
   87  staff is for prescription drug program management only or for
   88  management of the program’s database and its system in support
   89  of the requirements of this section and in furtherance of the
   90  prescription drug monitoring program. Confidential and exempt
   91  information in the database shall be released only as provided
   92  in paragraph (c) and s. 893.0551. The program manager,
   93  designated program and support staff who act at the direction of
   94  or in the absence of the program manager, and any individual who
   95  has similar access regarding the management of the database from
   96  the prescription drug monitoring program shall submit
   97  fingerprints to the department for background screening. The
   98  department shall follow the procedure established by the
   99  Department of Law Enforcement to request a statewide criminal
  100  history record check and to request that the Department of Law
  101  Enforcement forward the fingerprints to the Federal Bureau of
  102  Investigation for a national criminal history record check.
  103         Section 3. The requirement in s. 893.055(4), Florida
  104  Statutes, as amended by this act, that the dispensing of a
  105  controlled substance be reported to the Department of Health no
  106  later than the next business day shall take effect January 1,
  107  2018.
  108         Section 4. Except as otherwise expressly provided in this
  109  act, this act shall take effect July 1, 2017.