Florida Senate - 2019                                     SB 488
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-00233-19                                            2019488__
    1                        A bill to be entitled                      
    2         An act relating to drug safety; amending s. 893.04,
    3         F.S.; prohibiting a pharmacist or practitioner from
    4         dispensing specified opioids unless the prescription
    5         bottle or container has a warning sticker meeting
    6         certain requirements; amending s. 893.055, F.S.;
    7         requiring pharmacies to offer for sale prescription
    8         lock boxes; requiring pharmacies to display a certain
    9         sign; defining the term “prescription lock box”;
   10         authorizing the Department of Health to develop and
   11         distribute a pamphlet containing certain information;
   12         requiring the distribution of the pamphlet by
   13         pharmacists under certain circumstances; prohibiting a
   14         pharmacy from charging a fee for the pamphlet;
   15         providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Present subsection (4) of section 893.04,
   20  Florida Statutes, is renumbered as subsection (5) and a new
   21  subsection (4) is added to that section, to read:
   22         893.04 Pharmacist and practitioner.—
   23         (4) A pharmacist or practitioner may not dispense a newly
   24  prescribed prescription opioid listed in Schedule II of s.
   25  893.03, including one that is compounded by a pharmacist under a
   26  prescription or by a practitioner, unless the prescription
   27  bottle or container in which the opioid is delivered to the user
   28  bears a warning sticker approved by the department which warns
   29  users about the addictive nature of opioids and the risks of
   30  overdoses. Such a sticker may also refer users to additional
   31  resources about opioid addiction. The sticker must be red with
   32  text large enough to be legible and placed on the cap of the
   33  bottle in which the opioid is dispensed. If a bottle is not used
   34  to dispense the opioid, the sticker must be on a noticeable area
   35  of the container in which the opioid is dispensed.
   36         Section 2. Present subsections (16) and (17) of section
   37  893.055, Florida Statutes, are renumbered as subsections (18)
   38  and (19), respectively, and new subsections (16) and (17) are
   39  added to that section, to read:
   40         893.055 Prescription drug monitoring program.—
   41         (16) Pharmacies shall offer for sale prescription lock
   42  boxes at each store location. Pharmacies shall make customers
   43  aware of the availability of the prescription lock boxes by
   44  displaying a sign on or near the pharmacy counter which measures
   45  at least 4 inches by 5 inches and includes the statement, in a
   46  legibly printed font, “Prescription Lock Boxes for Securing Your
   47  Prescription Medications Are Available at This Pharmacy.” As
   48  used in this subsection, the term “prescription lock box” means
   49  a box or a bag with a locking mechanism that cannot be tampered
   50  with or opened without the application of extreme force.
   51         (17)(a) The department may develop a pamphlet relating to
   52  controlled substances which includes educational information
   53  about the following:
   54         1. Precautions regarding the use of pain management
   55  prescriptions.
   56         2. The potential for misuse and abuse of controlled
   57  substances by adults and children.
   58         3. The risk of controlled substance dependency and
   59  addiction.
   60         4. The proper storage and disposal of controlled
   61  substances.
   62         5. Controlled substance addiction support and treatment
   63  resources.
   64         6. Telephone helplines and links to websites that provide
   65  counseling and emergency assistance for individuals dealing with
   66  substance abuse.
   67         (b) If the department develops a pamphlet relating to
   68  controlled substances, the department shall distribute copies of
   69  the pamphlet to pharmacies throughout the state and make the
   70  contents of the pamphlet available in electronic form on its
   71  website. If copies of the pamphlet are provided by the
   72  department, a pharmacist shall distribute the pamphlet to a
   73  consumer when dispensing a prescription or a controlled
   74  substance and shall offer them to consumers in a display.
   75  Pharmacies may not charge consumers a fee for the pamphlet.
   76         Section 3. This act shall take effect January 1, 2020.