Florida Senate - 2019              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 592
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Health and Human Services)
    1                        A bill to be entitled                      
    2         An act relating to the prescription drug monitoring
    3         program; amending s. 893.055, F.S.; expanding the
    4         exceptions to a requirement that a prescriber or
    5         dispenser must consult the program to review a
    6         patient’s controlled substance dispensing history
    7         before prescribing or dispensing a controlled
    8         substance for a patient of a certain age; providing an
    9         effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Subsection (8) of section 893.055, Florida
   14  Statutes, is amended to read:
   15         893.055 Prescription drug monitoring program.—
   16         (8) A prescriber or dispenser or a designee of a prescriber
   17  or dispenser must consult the system to review a patient’s
   18  controlled substance dispensing history before prescribing or
   19  dispensing a controlled substance for a patient age 16 or older.
   20  This requirement does not apply when prescribing or dispensing a
   21  controlled substance to a patient for the alleviation of pain
   22  related to a terminal condition, as defined in s.
   23  456.44(1)(a)2., or when prescribing or dispensing a nonopioid
   24  controlled substance listed in Schedule V of s. 893.03 or 21
   25  U.S.C. 812. For purposes of this subsection, a “nonopioid
   26  controlled substance” is a controlled substance that does not
   27  contain any amount of a substance listed as an opioid in s.
   28  893.03 or 21 U.S.C. 812.
   29         (a) The duty to consult the system does not apply when the
   30  system:
   31         1. Is determined by the department to be nonoperational; or
   32         2. Cannot be accessed by the prescriber or dispenser or a
   33  designee of the prescriber or dispenser because of a temporary
   34  technological or electrical failure.
   35         (b) A prescriber or dispenser or designee of a prescriber
   36  or dispenser who does not consult the system under this
   37  subsection shall document the reason he or she did not consult
   38  the system in the patient’s medical record or prescription
   39  record and shall not prescribe or dispense greater than a 3-day
   40  supply of a controlled substance to the patient.
   41         (c) The department shall issue a nondisciplinary citation
   42  to any prescriber or dispenser who fails to consult the system
   43  as required by this subsection for an initial offense. Each
   44  subsequent offense is subject to disciplinary action pursuant to
   45  s. 456.073.
   46         Section 2. This act shall take effect July 1, 2019.