Florida Senate - 2019                                    SB 1280
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-01495-19                                           20191280__
    1                        A bill to be entitled                      
    2         An act relating to controlled substance prescribing;
    3         amending s. 456.44, F.S.; revising the definition of
    4         the term “acute pain” to exclude pain related to
    5         sickle-cell anemia; excluding the treatment of such
    6         pain from limitations on the prescription of an opioid
    7         drug; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (a) of subsection (1) of section
   12  456.44, Florida Statutes, is amended, and subsection (5) of that
   13  section is republished, to read:
   14         456.44 Controlled substance prescribing.—
   15         (1) DEFINITIONS.—As used in this section, the term:
   16         (a) “Acute pain” means the normal, predicted,
   17  physiological, and time-limited response to an adverse chemical,
   18  thermal, or mechanical stimulus associated with surgery, trauma,
   19  or acute illness. The term does not include pain related to:
   20         1. Cancer.
   21         2. A terminal condition. For purposes of this subparagraph,
   22  the term “terminal condition” means a progressive disease or
   23  medical or surgical condition that causes significant functional
   24  impairment, is not considered by a treating physician to be
   25  reversible without the administration of life-sustaining
   26  procedures, and will result in death within 1 year after
   27  diagnosis if the condition runs its normal course.
   28         3. Palliative care to provide relief of symptoms related to
   29  an incurable, progressive illness or injury.
   30         4. A traumatic injury with an Injury Severity Score of 9 or
   31  greater.
   32         5. Sickle-cell anemia.
   33         (5) PRESCRIPTION SUPPLY.—
   34         (a) For the treatment of acute pain, a prescription for an
   35  opioid drug listed as a Schedule II controlled substance in s.
   36  893.03 or 21 U.S.C. s. 812 may not exceed a 3-day supply, except
   37  that up to a 7-day supply may be prescribed if:
   38         1. The prescriber, in his or her professional judgment,
   39  believes that more than a 3-day supply of such an opioid is
   40  medically necessary to treat the patient’s pain as an acute
   41  medical condition;
   42         2. The prescriber indicates “ACUTE PAIN EXCEPTION” on the
   43  prescription; and
   44         3. The prescriber adequately documents in the patient’s
   45  medical records the acute medical condition and lack of
   46  alternative treatment options that justify deviation from the 3
   47  day supply limit established in this subsection.
   48         (b) For the treatment of pain other than acute pain, a
   49  prescriber must indicate “NONACUTE PAIN” on a prescription for
   50  an opioid drug listed as a Schedule II controlled substance in
   51  s. 893.03 or 21 U.S.C. s. 812.
   52         Section 2. This act shall take effect July 1, 2019.