Florida Senate - 2019                                     SB 592
       By Senator Albritton
       26-00832-19                                            2019592__
    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., when prescribing or dispensing a controlled
   24  substance to a patient receiving palliative care for the relief
   25  of symptoms related to an incurable, progressive illness or
   26  injury, or when prescribing or dispensing a nonopioid controlled
   27  substance listed in Schedule V of s. 893.03 or 21 U.S.C. 812.
   28  For purposes of this subsection, a “nonopioid controlled
   29  substance” is a controlled substance that does not contain any
   30  amount of a substance listed as an opioid in s. 893.03 or 21
   31  U.S.C. 812.
   32         (a) The duty to consult the system does not apply when the
   33  system:
   34         1. Is determined by the department to be nonoperational; or
   35         2. Cannot be accessed by the prescriber or dispenser or a
   36  designee of the prescriber or dispenser because of a temporary
   37  technological or electrical failure.
   38         (b) A prescriber or dispenser or designee of a prescriber
   39  or dispenser who does not consult the system under this
   40  subsection shall document the reason he or she did not consult
   41  the system in the patient’s medical record or prescription
   42  record and shall not prescribe or dispense greater than a 3-day
   43  supply of a controlled substance to the patient.
   44         (c) The department shall issue a nondisciplinary citation
   45  to any prescriber or dispenser who fails to consult the system
   46  as required by this subsection for an initial offense. Each
   47  subsequent offense is subject to disciplinary action pursuant to
   48  s. 456.073.
   49         Section 2. This act shall take effect July 1, 2019.