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The Florida Senate

CS/CS/HB 557 — Controlled Substance Prescribing

by Health and Human Services Committee; Health Quality Subcommittee; and Reps. Duran, Silvers, and others (CS/CS/CS/SB 840 by Rules Committee; Governmental Oversight and Accountability Committee; Health Policy Committee; and Senator Clemens)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Health Policy Committee (HP)

The bill amends provisions relating to the Prescription Drug Monitoring Program (PDMP). The PDMP uses a comprehensive electronic database to monitor the prescribing and dispensing of certain controlled substances.

The bill requires dispensers to report the dispensing of a controlled substance to the PDMP by the close of the next business day, rather than seven days, after the controlled substance is dispensed. This expedited timeframe for reporting is effective January 1, 2018. The bill also requires the dispenser to report via the department-approved electronic system.

The bill clarifies an exemption from reporting to the PDMP for rehabilitative hospitals, assisted living facilities, or nursing homes dispensing controlled substances, as needed, to a patient as ordered by the patient’s treating physician. The dispensing must occur while the patient is present and receiving care in the facility in order for the dispensing to be exempt from mandatory reporting.

A patient’s personal identifying information in the PDMP is confidential, and access to information in the PDMP is limited by law. The bill authorizes an employee of the U.S. Department of Veterans Affairs, who is authorized to prescribe controlled substances but who may not be licensed to practice his or her profession under Florida law, to access the PDMP for the purpose of reviewing his or her patient’s controlled substance prescription history. Health care practitioners licensed under Florida law and authorized to prescribe controlled substances have similar authorization to review their patients’ controlled substance prescription history.

If approved by the Governor, these provisions take effect July 1, 2017, except where otherwise provided.

Vote: Senate 28-0; House 119-0