HB 913

1	A bill to be entitled
2	An act relating to controlled substances; creating s.
3	831.311, F.S.; prohibiting the sale, manufacture,
4	alteration, delivery, uttering, or possession of
5	counterfeit-resistant prescription blanks for controlled
6	substances; providing penalties; amending s. 893.04, F.S.;
7	authorizing electronic recording of oral prescriptions for
8	a controlled substance; providing additional requirements
9	for the dispensing of a controlled substance listed in
10	Schedule II, Schedule III, or Schedule IV; creating s.
11	893.065, F.S.; requiring the Department of Health to
12	develop and adopt by rule the form and content for a
13	counterfeit-resistant prescription blank for voluntary use
14	by practitioners to prescribe a controlled substance
15	listed in Schedule II, Schedule III, or Schedule IV;
16	providing contingent applicability of penalties; requiring
17	reports of law enforcement agencies and medical examiners
18	to include specified information if a person dies of an
19	apparent overdose of a controlled substance listed in
20	Schedule II, Schedule III, or Schedule IV; providing an
21	effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Section 831.311, Florida Statutes, is created
26	to read:
27	831.311  Violations involving certain prescription blanks
28	for controlled substances in Schedules II-IV.--
29	(1)  It is unlawful for any person with the intent to
30	injure or defraud any person or to facilitate any violation of
31	s. 893.13 to sell, manufacture, alter, deliver, utter, or
32	possess any counterfeit-resistant prescription blank for
33	controlled substances as provided in s. 893.065.
34	(2)  Any person who violates this section commits a felony
35	of the third degree, punishable as provided in s. 775.082, s.
36	775.083, or s. 775.084.
37	Section 2.  Section 893.04, Florida Statutes, is amended to
38	read:
39	893.04  Pharmacist and practitioner.--
40	(1)  A pharmacist, in good faith and in the course of
41	professional practice only, may dispense controlled substances
42	upon a written or oral prescription of a practitioner, under the
43	following conditions:
44	(a)  Oral prescriptions must be promptly reduced to writing
45	or recorded electronically by the pharmacist.
46	(b)  The written prescription must be dated and signed by
47	the prescribing practitioner on the day when issued.
48	(c)  There shall appear on the face of the prescription or
49	written record thereof for the controlled substance the
50	following information:
51	1.  The full name and address of the person for whom, or
52	the owner of the animal for which, the controlled substance is
53	dispensed.
54	2.  The full name and address of the prescribing
55	practitioner and the practitioner's federal controlled substance
56	registry number shall be printed thereon.
57	3.  If the prescription is for an animal, the species of
58	animal for which the controlled substance is prescribed.
59	4.  The name of the controlled substance prescribed and the
60	strength, quantity, and directions for use thereof.
61	5.  The number of the prescription, as recorded in the
62	prescription files of the pharmacy in which it is filled.
63	6.  The initials of the pharmacist filling the prescription
64	and the date filled.
65	(d)  The prescription shall be retained on file by the
66	proprietor of the pharmacy in which it is filled for a period of
67	2 years.
68	(e)  Affixed to the original container in which a
69	controlled substance is delivered upon a prescription or
70	authorized refill thereof, as hereinafter provided, there shall
71	be a label bearing the following information:
72	1.  The name and address of the pharmacy from which such
73	controlled substance was dispensed.
74	2.  The date on which the prescription for such controlled
75	substance was filled.
76	3.  The number of such prescription, as recorded in the
77	prescription files of the pharmacy in which it is filled.
78	4.  The name of the prescribing practitioner.
79	5.  The name of the patient for whom, or of the owner and
80	species of the animal for which, the controlled substance is
81	prescribed.
82	6.  The directions for the use of the controlled substance
83	prescribed in the prescription.
84	7.  A clear, concise warning that it is a crime to transfer
85	the controlled substance to any person other than the patient
86	for whom prescribed.
87	(f)  A prescription for a controlled substance listed in
88	Schedule II may be dispensed only upon a written prescription of
89	a practitioner, except that in an emergency situation, as
90	defined by regulation of the Department of Health, such
91	controlled substance may be dispensed upon oral prescription but
92	is limited to a 72-hour supply. No prescription for a controlled
93	substance listed in Schedule II may be refilled.
94	(g)  No prescription for a controlled substance listed in
95	Schedule Schedules III, Schedule IV, or Schedule V may be filled
96	or refilled more than five times within a period of 6 months
97	after the date on which the prescription was written unless the
98	prescription is renewed by a practitioner.
99	(2)(a)  A pharmacist may not dispense a controlled
100	substance listed in Schedule II, Schedule III, or Schedule IV to
101	any patient or patient's agent without first determining, in the
102	exercise of her or his professional judgment, that the order is
103	valid. The pharmacist may dispense the controlled substance, in
104	the exercise of her or his professional judgment, when the
105	pharmacist or pharmacist's agent has obtained satisfactory
106	patient information from the patient or the patient's agent.
107	(b)  Any pharmacist who dispenses by mail a controlled
108	substance listed in Schedule II, Schedule III, or Schedule IV
109	shall be exempt from the requirement to obtain suitable
110	identification for the prescription dispensed by mail.
111	(c)  Any controlled substance listed in Schedule III or
112	Schedule IV may be dispensed by a pharmacist upon an oral
113	prescription if, before filling the prescription, the pharmacist
114	reduces the prescription to writing or records it
115	electronically. Such prescriptions must contain the date of the
116	oral authorization.
117	(d)  Each written prescription from a practitioner in this
118	state for a controlled substance listed in Schedule II, Schedule
119	III, or Schedule IV must include both a written and a numerical
120	notation of the quantity on the face of the prescription and a
121	notation of the date with the abbreviated month written out on
122	the face of the prescription. A pharmacist may, upon
123	verification by the prescriber, document any information
124	required by this paragraph.
125	(e)  A pharmacist may not dispense more than a 30-day
126	supply of a controlled substance listed in Schedule III upon an
127	oral prescription issued in this state.
128	(f)  A pharmacist may not knowingly fill a prescription
129	that has been forged for a controlled substance listed in
130	Schedule II, Schedule III, or Schedule IV.
131	(3)(2)  Notwithstanding the provisions of subsection (1), a
132	pharmacist may dispense a one-time emergency refill of up to a
133	72-hour supply of the prescribed medication for any medicinal
134	drug other than a medicinal drug listed in Schedule II, in
135	compliance with the provisions of s. 465.0275.
136	(4)(3)  The legal owner of any stock of controlled
137	substances in a pharmacy, upon discontinuance of dealing in
138	controlled substances, may sell said stock to a manufacturer,
139	wholesaler, or pharmacy. Such controlled substances may be sold
140	only upon an order form, when such an order form is required for
141	sale by the drug abuse laws of the United States or this state,
142	or regulations pursuant thereto.
143	Section 3.  Section 893.065, Florida Statutes, is created
144	to read:
145	893.065  Counterfeit-resistant prescription blanks for
146	controlled substances listed in Schedules II-IV.--The Department
147	of Health shall develop and adopt by rule the form and content
148	for a counterfeit-resistant prescription blank that may be used
149	by practitioners to prescribe a controlled substance listed in
150	Schedule II, Schedule III, or Schedule IV. The Department of
151	Health may require the prescription blanks to be printed on
152	distinctive, watermarked paper and to bear the preprinted name,
153	address, and category of professional licensure of the
154	practitioner and that practitioner's federal registry number for
155	controlled substances. The prescription blanks may not be
156	transferred.
157	Section 4.  The penalties created in s. 831.311(2), Florida
158	Statutes, by this act shall be effective only upon the adoption
159	of the rules required pursuant to s. 893.065, Florida Statutes,
160	as created by this act.
161	Section 5.  If a person dies of an apparent drug overdose:
162	(1)  A law enforcement agency shall prepare a report
163	identifying each prescribed controlled substance listed in
164	Schedule II, Schedule III, or Schedule IV of s. 893.03, Florida
165	Statutes, that is found on or near the deceased or among the
166	deceased's possessions. The report must identify the person who
167	prescribed the controlled substance, if known or ascertainable.
168	Thereafter, the law enforcement agency shall submit a copy of
169	the report to the medical examiner.
170	(2)  A medical examiner who is preparing a report pursuant
171	to s. 406.11, Florida Statutes, shall include in the report
172	information identifying each prescribed controlled substance
173	listed in Schedule II, Schedule III, or Schedule IV of s.
174	893.03, Florida Statutes, that was found in, on, or near the
175	deceased or among the deceased's possessions.
176	Section 6.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.