Florida Senate - 2012                                    SB 1604
       
       
       
       By Senator Fasano
       
       
       
       
       11-00920B-12                                          20121604__
    1                        A bill to be entitled                      
    2         An act relating to the prescription drug monitoring
    3         program; amending s. 893.055, F.S.; providing that
    4         when a controlled substance listed as a Schedule II
    5         substance is dispensed or released, in addition to
    6         other identification procedures, a fingerprint may be
    7         collected; providing exceptions; conforming
    8         provisions; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (14) of section 893.055, Florida
   13  Statutes, is amended to read:
   14         893.055 Prescription drug monitoring program.—
   15         (14)(a) A pharmacist, pharmacy, or dispensing health care
   16  practitioner or his or her agent, before releasing a controlled
   17  substance to any person not known to such dispenser, shall
   18  require the person purchasing, receiving, or otherwise acquiring
   19  the controlled substance to present valid photographic
   20  identification or other verification of his or her identity to
   21  the dispenser. If the person does not have proper
   22  identification, the dispenser may verify the validity of the
   23  prescription and the identity of the patient with the prescriber
   24  or his or her authorized agent. Verification of health plan
   25  eligibility through a real-time inquiry or adjudication system
   26  will be considered to be proper identification. This subsection
   27  does not apply in an institutional setting or to a long-term
   28  care facility, including, but not limited to, an assisted living
   29  facility or a hospital to which patients are admitted. As used
   30  in this paragraph subsection, the term “proper identification”
   31  means an identification that is issued by a state or the Federal
   32  Government containing the person’s photograph, printed name, and
   33  signature or a document considered acceptable under 8 C.F.R. s.
   34  274a.2(b)(1)(v)(A) and (B).
   35         (b) When a controlled substance listed as a Schedule II
   36  substance under s. 893.03 is dispensed or released, in addition
   37  to the identification procedures in paragraph (a), the
   38  pharmacist, pharmacy, or dispensing health care practitioner or
   39  his or her agent may obtain from the person receiving the
   40  controlled substance a right thumbprint or a fingerprint from
   41  another digit if the person has no right thumb.
   42         (c) This subsection does not apply in an institutional
   43  setting or to a long-term care facility, including, but not
   44  limited to, an assisted living facility or hospital to which
   45  patients are admitted.
   46         Section 2. This act shall take effect July 1, 2012.