Florida Senate - 2011                                     SB 818
       
       
       
       By Senator Fasano
       
       
       
       
       11-00210D-11                                           2011818__
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         400.9905, F.S.; redefining the terms “clinic” and
    4         “portable equipment provider” within the Health Care
    5         Clinic Act; amending s. 456.013, F.S.; authorizing
    6         certain health care practitioners to complete a
    7         continuing education course relating to the
    8         prescription drug monitoring program; providing
    9         requirements for the course; requiring the Department
   10         of Health or a board that is authorized to exercise
   11         regulatory or rulemaking functions within the
   12         department to approve the course offered through a
   13         facility licensed under ch. 395, F.S., under certain
   14         circumstances; providing application of the course
   15         requirements; requiring a board or the Department of
   16         Health to adopt rules; amending s. 458.305, F.S.;
   17         defining the term “dispensing physician” as it relates
   18         to the practice of medicine in this state; prohibiting
   19         certain persons from using titles or displaying signs
   20         that would lead the public to believe that they engage
   21         in the dispensing of controlled substances;
   22         prohibiting certain persons, firms, or corporations
   23         from using a trade name, sign, letter, or
   24         advertisement that implies that the persons, firms, or
   25         corporations are licensed or registered to dispense
   26         prescription drugs; prohibiting certain persons,
   27         firms, or corporations from holding themselves out to
   28         the public as licensed or registered to dispense
   29         controlled substances; prohibiting certain persons
   30         from performing the functions of a dispensing
   31         physician; providing penalties; amending s. 458.3191,
   32         F.S.; revising the information in the physician survey
   33         that is submitted by persons who apply for licensure
   34         renewal as a physician under ch. 458 or ch. 459, F.S.;
   35         amending s. 458.3192, F.S.; requiring the Department
   36         of Health to provide nonidentifying information to the
   37         prescription drug monitoring program’s Implementation
   38         and Oversight Task Force regarding the number of
   39         physicians that are registered with the prescription
   40         drug monitoring program and that use the database from
   41         the program in their practice; amending s. 458.3265,
   42         F.S.; requiring a physician who works in a pain
   43         management clinic to document the reason a
   44         prescription for a certain dosage of a controlled
   45         substance is within the proper standard of care;
   46         creating a felony of the third-degree for a licensee
   47         or other person who serves as the designated physician
   48         of a pain-management clinic to register a pain
   49         management clinic through misrepresentation or fraud;
   50         amending s. 458.327, F.S.; providing additional
   51         penalties; amending s. 458.331, F.S.; providing
   52         additional grounds for disciplinary action by the
   53         Board of Medicine; amending s. 459.003, F.S.; defining
   54         the term “dispensing physician” as it relates to the
   55         practice of osteopathic medicine in this state;
   56         amending s. 459.013, F.S.; providing additional
   57         penalties; amending s. 459.0137, F.S.; requiring an
   58         osteopathic physician who works in a pain-management
   59         clinic to document the reason a prescription for a
   60         certain dosage of a controlled substance is within the
   61         proper standard of care; creating a felony of the
   62         third-degree for a licensee or other person who serves
   63         as the designated physician of a pain-management
   64         clinic to register a pain-management clinic through
   65         misrepresentation or fraud; amending s. 459.015, F.S.;
   66         providing additional grounds for disciplinary action
   67         by the Board of Osteopathic Medicine; amending s.
   68         465.015, F.S.; prohibiting certain persons from
   69         knowingly failing to report to the local county
   70         sheriff’s office and the Department of Law Enforcement
   71         the commission of a felony involving a person who
   72         acquires or obtains possession of a controlled
   73         substance by misrepresentation, fraud, forgery,
   74         deception, or subterfuge under certain conditions;
   75         providing penalties; providing requirements for
   76         reporting the commission of the felony that involves a
   77         person who acquires or obtains possession of a
   78         controlled substance by misrepresentation, fraud,
   79         forgery, deception, or subterfuge; amending s.
   80         465.0276, F.S.; requiring a practitioner to register
   81         as a dispensing practitioner in order to dispense
   82         controlled substances; amending s. 766.101, F.S.;
   83         conforming a cross-reference; amending s. 810.02,
   84         F.S.; redefining the offense of burglary to include
   85         the theft of a controlled substance within a dwelling,
   86         structure, or conveyance; amending s. 812.014, F.S.;
   87         redefining the offense of theft to include the theft
   88         of a controlled substance; creating s. 893.021, F.S.;
   89         providing conditions in which a drug is considered
   90         adulterated; providing that a physician is not
   91         prevented from directing or prescribing a change to
   92         the recognized manufactured recommendations for use of
   93         any controlled substance in a patient under certain
   94         circumstances; requiring a prescribing physician to
   95         indicate any deviation of the recognized
   96         manufacturer’s recommended use of a controlled
   97         substance on the original prescription; requiring a
   98         pharmacist or physician to indicate such deviation on
   99         the label of the prescription upon dispensing;
  100         amending s. 893.04, F.S.; revising the required
  101         information that must appear on the face of a
  102         prescription or written record of a controlled
  103         substance before it is dispensed by a pharmacist;
  104         amending s. 893.055, F.S.; requiring that the
  105         prescription drug monitoring program comply with the
  106         minimum requirements of the National All Schedules
  107         Prescription Electronic Reporting Act; requiring the
  108         Department of Health to establish a method to allow
  109         corrections to the database of the prescription drug
  110         monitoring program; requiring the number of refills
  111         ordered and whether the drug was dispensed as a refill
  112         or a first-time request to be included in the database
  113         of the prescription drug monitoring program; revising
  114         the number of days in which a dispensed controlled
  115         substance must be reported to the department through
  116         the prescription drug monitoring program; revising the
  117         list of acts of dispensing or administering which are
  118         exempt from reporting; requiring a pharmacy,
  119         prescriber, practitioner, or dispenser to register
  120         with the department by submitting a registering
  121         document in order to have access to certain
  122         information in the prescription drug monitoring
  123         program’s database; requiring the department to
  124         approve the registering document before granting
  125         access to information in the prescription drug
  126         monitoring program’s database; requiring criminal
  127         background screening for those persons who have direct
  128         access to the prescription drug monitoring program’s
  129         database; authorizing the Attorney General to obtain
  130         confidential and exempt information for Medicaid fraud
  131         cases and Medicaid investigations; requiring certain
  132         documentation to be provided to the program manager in
  133         order to release confidential and exempt information
  134         from the prescription drug monitoring program’s
  135         database to a patient, legal guardian, or a designated
  136         health care surrogate; authorizing the Agency for
  137         Health Care Administration to obtain confidential and
  138         exempt information from the prescription drug
  139         monitoring program’s database for Medicaid fraud cases
  140         and Medicaid investigations involving controlled
  141         substances; deleting the provision that administrative
  142         costs of the prescription drug monitoring program are
  143         funded through federal grants and private sources;
  144         requiring the State Surgeon General to enter into
  145         reciprocal agreements for the sharing of information
  146         in the prescription drug monitoring program with other
  147         states that have a similar prescription drug
  148         monitoring program; requiring the State Surgeon
  149         General to annually review a reciprocal agreement to
  150         determine its compatibility; providing requirements
  151         for compatibility; prohibiting the sharing of certain
  152         information; amending s. 893.0551, F.S.; authorizing
  153         the Department of Health to disclose certain
  154         confidential and exempt information in the
  155         prescription drug monitoring program’s database under
  156         certain circumstances involving reciprocal agreements
  157         with other states; prohibiting the sharing of
  158         information from the prescription drug monitoring
  159         program’s database which is not for the purpose that
  160         is statutorily authorized or according to the State
  161         Surgeon General’s determination of compatibility;
  162         amending s. 893.07, F.S.; requiring that a person
  163         report to the Department of Law Enforcement and the
  164         local sheriff’s office the theft or loss of a
  165         controlled substance within a specified time;
  166         providing penalties; providing legislative intent;
  167         amending s. 893.13, F.S.; prohibiting a person from
  168         obtaining or attempting to obtain from a practitioner
  169         a controlled substance or a prescription for a
  170         controlled substance by misrepresentation, fraud,
  171         forgery, deception, subterfuge, or concealment of a
  172         material fact; prohibiting a health care provider from
  173         providing a controlled substance or a prescription for
  174         a controlled substance by misrepresentation, fraud,
  175         forgery, deception, subterfuge, or concealment of a
  176         material fact; prohibiting a person from adulterating
  177         a controlled substance for certain use without
  178         authorization by a prescribing physician; authorizing
  179         a law enforcement officer to seize as evidence the
  180         adulteration or off-label use of a prescribed
  181         controlled substance; providing that such adulterated
  182         or off-label use of the controlled substance may be
  183         returned to its owner only under certain conditions;
  184         providing penalties; prohibiting a prescribing
  185         practitioner from writing a prescription for a
  186         controlled substance and authorizing or directing the
  187         adulteration of the dispensed form of the controlled
  188         substance for the purpose of ingestion by means that
  189         is not medically necessary; amending s. 893.138, F.S.;
  190         providing circumstances in which a pain-management
  191         clinic may be declared a public nuisance; providing an
  192         effective date.
  193  
  194  Be It Enacted by the Legislature of the State of Florida:
  195  
  196         Section 1. Subsections (4) and (7) of section 400.9905,
  197  Florida Statutes, are amended to read:
  198         400.9905 Definitions.—
  199         (4) “Clinic” means an entity at which health care services
  200  are provided to individuals and which tenders charges for
  201  payment reimbursement for such services, including a mobile
  202  clinic and a portable equipment provider. For purposes of this
  203  part, the term does not include and the licensure requirements
  204  of this part do not apply to:
  205         (a) Entities licensed or registered by the state under
  206  chapter 395; or entities licensed or registered by the state and
  207  providing only health care services within the scope of services
  208  authorized under their respective licenses granted under ss.
  209  383.30-383.335, chapter 390, chapter 394, chapter 397, this
  210  chapter except part X, chapter 429, chapter 463, chapter 465,
  211  chapter 466, chapter 478, part I of chapter 483, chapter 484, or
  212  chapter 651; end-stage renal disease providers authorized under
  213  42 C.F.R. part 405, subpart U; or providers certified under 42
  214  C.F.R. part 485, subpart B or subpart H; or any entity that
  215  provides neonatal or pediatric hospital-based health care
  216  services or other health care services by licensed practitioners
  217  solely within a hospital licensed under chapter 395.
  218         (b) Entities that own, directly or indirectly, entities
  219  licensed or registered by the state pursuant to chapter 395; or
  220  entities that own, directly or indirectly, entities licensed or
  221  registered by the state and providing only health care services
  222  within the scope of services authorized pursuant to their
  223  respective licenses granted under ss. 383.30-383.335, chapter
  224  390, chapter 394, chapter 397, this chapter except part X,
  225  chapter 429, chapter 463, chapter 465, chapter 466, chapter 478,
  226  part I of chapter 483, chapter 484, chapter 651; end-stage renal
  227  disease providers authorized under 42 C.F.R. part 405, subpart
  228  U; or providers certified under 42 C.F.R. part 485, subpart B or
  229  subpart H; or any entity that provides neonatal or pediatric
  230  hospital-based health care services by licensed practitioners
  231  solely within a hospital licensed under chapter 395.
  232         (c) Entities that are owned, directly or indirectly, by an
  233  entity licensed or registered by the state pursuant to chapter
  234  395; or entities that are owned, directly or indirectly, by an
  235  entity licensed or registered by the state and providing only
  236  health care services within the scope of services authorized
  237  pursuant to their respective licenses granted under ss. 383.30
  238  383.335, chapter 390, chapter 394, chapter 397, this chapter
  239  except part X, chapter 429, chapter 463, chapter 465, chapter
  240  466, chapter 478, part I of chapter 483, chapter 484, or chapter
  241  651; end-stage renal disease providers authorized under 42
  242  C.F.R. part 405, subpart U; or providers certified under 42
  243  C.F.R. part 485, subpart B or subpart H; or any entity that
  244  provides neonatal or pediatric hospital-based health care
  245  services by licensed practitioners solely within a hospital
  246  under chapter 395.
  247         (d) Entities that are under common ownership, directly or
  248  indirectly, with an entity licensed or registered by the state
  249  pursuant to chapter 395; or entities that are under common
  250  ownership, directly or indirectly, with an entity licensed or
  251  registered by the state and providing only health care services
  252  within the scope of services authorized pursuant to their
  253  respective licenses granted under ss. 383.30-383.335, chapter
  254  390, chapter 394, chapter 397, this chapter except part X,
  255  chapter 429, chapter 463, chapter 465, chapter 466, chapter 478,
  256  part I of chapter 483, chapter 484, or chapter 651; end-stage
  257  renal disease providers authorized under 42 C.F.R. part 405,
  258  subpart U; or providers certified under 42 C.F.R. part 485,
  259  subpart B or subpart H; or any entity that provides neonatal or
  260  pediatric hospital-based health care services by licensed
  261  practitioners solely within a hospital licensed under chapter
  262  395.
  263         (e) An entity that is exempt from federal taxation under 26
  264  U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
  265  under 26 U.S.C. s. 409 that has a board of trustees not less
  266  than two-thirds of which are Florida-licensed health care
  267  practitioners and provides only physical therapy services under
  268  physician orders, any community college or university clinic,
  269  and any entity owned or operated by the federal or state
  270  government, including agencies, subdivisions, or municipalities
  271  thereof.
  272         (f) A sole proprietorship, group practice, partnership, or
  273  corporation that provides health care services by physicians
  274  covered by s. 627.419, that is directly supervised by one or
  275  more of such physicians, and that is wholly owned by one or more
  276  of those physicians or by a physician and the spouse, parent,
  277  child, or sibling of that physician.
  278         (g) A sole proprietorship, group practice, partnership, or
  279  corporation that provides health care services by licensed
  280  health care practitioners under chapter 457, chapter 458,
  281  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
  282  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
  283  chapter 490, chapter 491, or part I, part III, part X, part
  284  XIII, or part XIV of chapter 468, or s. 464.012, which are
  285  wholly owned by one or more licensed health care practitioners,
  286  or the licensed health care practitioners set forth in this
  287  paragraph and the spouse, parent, child, or sibling of a
  288  licensed health care practitioner, so long as one of the owners
  289  who is a licensed health care practitioner is supervising the
  290  business activities and is legally responsible for the entity’s
  291  compliance with all federal and state laws. However, a health
  292  care practitioner may not supervise services beyond the scope of
  293  the practitioner’s license, except that, for the purposes of
  294  this part, a clinic owned by a licensee in s. 456.053(3)(b) that
  295  provides only services authorized pursuant to s. 456.053(3)(b)
  296  may be supervised by a licensee specified in s. 456.053(3)(b).
  297         (h) Clinical facilities affiliated with an accredited
  298  medical school at which training is provided for medical
  299  students, residents, or fellows.
  300         (i) Entities that provide only oncology or radiation
  301  therapy services by physicians licensed under chapter 458 or
  302  chapter 459 or entities that provide oncology or radiation
  303  therapy services by physicians licensed under chapter 458 or
  304  chapter 459 which are owned by a corporation whose shares are
  305  publicly traded on a recognized stock exchange.
  306         (j) Clinical facilities affiliated with a college of
  307  chiropractic accredited by the Council on Chiropractic Education
  308  at which training is provided for chiropractic students.
  309         (k) Entities that provide licensed practitioners to staff
  310  emergency departments or to deliver anesthesia services in
  311  facilities licensed under chapter 395 and that derive at least
  312  90 percent of their gross annual revenues from the provision of
  313  such services. Entities claiming an exemption from licensure
  314  under this paragraph must provide documentation demonstrating
  315  compliance.
  316         (l) Orthotic or prosthetic clinical facilities that are a
  317  publicly traded corporation or that are wholly owned, directly
  318  or indirectly, by a publicly traded corporation. As used in this
  319  paragraph, a publicly traded corporation is a corporation that
  320  issues securities traded on an exchange registered with the
  321  United States Securities and Exchange Commission as a national
  322  securities exchange.
  323         (7) “Portable equipment provider” means an entity that
  324  contracts with or employs persons to provide portable equipment
  325  to multiple locations performing treatment or diagnostic testing
  326  of individuals, that bills third-party payors for those
  327  services, and that otherwise meets the definition of a clinic in
  328  subsection (4).
  329         Section 2. Subsection (7) of section 456.013, Florida
  330  Statutes, is amended to read:
  331         456.013 Department; general licensing provisions.—
  332         (7)(a) The boards, or the department when there is no
  333  board, shall require the completion of a 2-hour course relating
  334  to prevention of medical errors as part of the licensure and
  335  renewal process. The 2-hour course counts shall count towards
  336  the total number of continuing education hours required for the
  337  profession. The board or department shall approve the course
  338  shall be approved by the board or department, as appropriate,
  339  which must and shall include a study of root-cause analysis,
  340  error reduction and prevention, and patient safety. In addition,
  341  the course approved by the Board of Medicine and the Board of
  342  Osteopathic Medicine must shall include information relating to
  343  the five most misdiagnosed conditions during the previous
  344  biennium, as determined by the board. If the course is being
  345  offered by a facility licensed under pursuant to chapter 395 for
  346  its employees, the board may approve up to 1 hour of the 2-hour
  347  course to be specifically related to error reduction and
  348  prevention methods used in that facility.
  349         (b) As a condition of initial licensure and at each
  350  subsequent license renewal, the boards, or the department if
  351  there is no board, shall allow each practitioner licensed under
  352  chapter 458, chapter 459, chapter 461, chapter 465, or chapter
  353  466 whose lawful scope of practice authorizes the practitioner
  354  to prescribe, administer, or dispense controlled substances to
  355  complete a 3-hour continuing education course relating to the
  356  prescription drug monitoring program. The course must include,
  357  but need not be limited to:
  358         1. The purpose of the prescription drug monitoring program.
  359         2. The practitioners’ capabilities for improving the
  360  standard of care for patients by using the prescription drug
  361  monitoring program.
  362         3. How the prescription drug monitoring program can help
  363  practitioners detect doctor shopping.
  364         4. The involvement of law enforcement personnel, the
  365  Attorney General’s Medicaid Fraud Unit, and medical regulatory
  366  investigators with the prescription drug monitoring program.
  367         5. The procedures for registering for access to the
  368  prescription drug monitoring program.
  369  
  370  The course hours may be included in the total number of hours of
  371  continuing education required by the profession and must be
  372  approved by the board or by the department if there is no board.
  373  The boards, or the department if there is no board, shall
  374  approve the course offered through a facility licensed under
  375  chapter 395 for its employees if the course is at least 3 hours
  376  and covers the education requirements.
  377         (c) The course requirements in paragraph (b) apply to each
  378  licensee renewing his or her license on or after July 1, 2012,
  379  and to each applicant approved for licensure on or after January
  380  1, 2013.
  381         (d) By October 1, 2011, the boards, or the department if
  382  there is no board, shall adopt rules as necessary to administer
  383  this subsection.
  384         Section 3. Section 458.305, Florida Statutes, is amended to
  385  read:
  386         458.305 Definitions.—As used in this chapter:
  387         (1) “Board” means the Board of Medicine.
  388         (2) “Department” means the Department of Health.
  389         (3) “Dispensing physician” means a physician who is
  390  registered as a dispensing practitioner under s. 465.0276.
  391         (4)(3) “Practice of medicine” means the diagnosis,
  392  treatment, operation, or prescription for any human disease,
  393  pain, injury, deformity, or other physical or mental condition.
  394         (5)(4) “Physician” means a person who is licensed to
  395  practice medicine in this state.
  396         Section 4. Advertising of controlled substances by a
  397  dispensing physician.—
  398         (1)(a) A person, other than a dispensing physician licensed
  399  under chapter 458 or chapter 459, Florida Statutes, may not use
  400  the title “dispensing physician” or “dispenser” or otherwise
  401  lead the public to believe that he or she is engaged in the
  402  dispensing of controlled substances.
  403         (b) A person, other than an owner of a:
  404         1. Pain-management clinic registered under chapter 458 or
  405  chapter 459, Florida Statutes; or
  406         2. Health clinic licensed under chapter 400, Florida
  407  Statutes,
  408  
  409  may not display any sign or take any other action that would
  410  lead the public to believe that such person is engaged in the
  411  business of dispensing a controlled substance. Any advertisement
  412  that states “dispensing onsite” or “onsite pharmacy” violates
  413  this paragraph. This paragraph does not preclude a person who is
  414  not licensed as a medical practitioner from owning a pain
  415  management clinic.
  416         (c) A person, firm, or corporation that is not licensed or
  417  registered under chapter 458 or chapter 459, Florida Statutes,
  418  may not:
  419         1.Use in a trade name, sign, letter, or advertisement any
  420  term, including “drug,” “pharmacy,” “onsite pharmacy,
  421  “dispensing,” “dispensing onsite,” “prescription drugs,” “Rx,”
  422  or “apothecary,” which implies that the person, firm, or
  423  corporation is licensed or registered to dispense prescription
  424  drugs in this state.
  425         2.Hold himself or herself out to the public as a person,
  426  firm, or corporation that is licensed or registered to dispense
  427  controlled substances in this state.
  428         (2) A person who is not a dispensing physician under
  429  chapter 458 or chapter 459, Florida Statutes, or who is not
  430  otherwise exempt from the requirement to register as a
  431  dispensing practitioner, may not perform the functions of a
  432  dispensing physician.
  433         (3)A person who violates paragraph (1)(a), paragraph
  434  (1)(b), or subsection (2) commits a misdemeanor of the first
  435  degree, punishable as provided in s. 775.082 or s. 775.083, Florida Statutes.
  436  775.083, Florida Statutes. A person who violates paragraph (1)(c) commits
  437  a felony of the third degree, punishable as provided in s.
  438  775.082, s. 775.083, or s. 775.084, Florida Statutes. In any
  439  warrant, information, or indictment, it is not necessary to
  440  negate any exceptions, and the burden of any exception is upon
  441  the defendant.
  442         Section 5. Paragraph (a) of subsection (1) of section
  443  458.3191, Florida Statutes, is amended to read:
  444         458.3191 Physician survey.—
  445         (1) Each person who applies for licensure renewal as a
  446  physician under this chapter or chapter 459 must, in conjunction
  447  with the renewal of such license under procedures adopted by the
  448  Department of Health and in addition to any other information
  449  that may be required from the applicant, furnish the following
  450  to the Department of Health in a physician survey:
  451         (a) Licensee information, including, but not limited to:
  452         1. Frequency and geographic location of practice within the
  453  state.
  454         2. Practice setting.
  455         3. Percentage of time spent in direct patient care.
  456         4. Anticipated change to license or practice status.
  457         5. Areas of specialty or certification.
  458         6. Whether the department has ever approved or denied the
  459  physician’s registration for access to a patient’s information
  460  in the prescription drug monitoring program’s database.
  461         7. Whether the physician uses the prescription drug
  462  monitoring program with patients in his or her medical practice.
  463         Section 6. Subsection (3) is added to section 458.3192,
  464  Florida Statutes, to read:
  465         458.3192 Analysis of survey results; report.—
  466         (3) By November 1 each year, the Department of Health shall
  467  provide nonidentifying information to the prescription drug
  468  monitoring program’s Implementation and Oversight Task Force
  469  regarding the number of physicians who are registered with the
  470  prescription drug monitoring program and who also use the
  471  database from the prescription drug monitoring program for their
  472  patients in their medical practice.
  473         Section 7. Paragraph (c) of subsection (2) of section
  474  458.3265, Florida Statutes, is amended, and paragraph (f) is
  475  added to subsection (5) of that section, to read:
  476         458.3265 Pain-management clinics.—
  477         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
  478  apply to any physician who provides professional services in a
  479  pain-management clinic that is required to be registered in
  480  subsection (1).
  481         (c) A physician must perform a physical examination of a
  482  patient on the same day that he or she dispenses or prescribes a
  483  controlled substance to a patient at a pain-management clinic.
  484  If the physician prescribes or dispenses more than a 72-hour
  485  dose of controlled substances for the treatment of chronic
  486  nonmalignant pain, the physician must document in the patient’s
  487  record the reason such dosage is within the standard of care for
  488  prescribing or dispensing that quantity.
  489         (5) PENALTIES; ENFORCEMENT.—
  490         (f) A licensee or other person who serves as the designated
  491  physician of a pain-management clinic as defined in this section
  492  or s. 459.0137 and registers a pain-management clinic through
  493  misrepresentation or fraud or procures or attempts to procure
  494  the registration of a pain-management clinic for any other
  495  person by making or causing to be made any false or fraudulent
  496  representation commits a felony of the third degree, punishable
  497  as provided in s. 775.082, s. 775.083, or s. 775.084.
  498         Section 8. Paragraphs (f) and (g) are added to subsection
  499  (1), paragraphs (g) and (h) are added to subsection (2), and
  500  subsection (3) is added to section 458.327, Florida Statutes, to
  501  read:
  502         458.327 Penalty for violations.—
  503         (1) Each of the following acts constitutes a felony of the
  504  third degree, punishable as provided in s. 775.082, s. 775.083,
  505  or s. 775.084:
  506         (f)Failing to perform a physical examination of a patient
  507  on the same day that the treating physician dispenses or
  508  prescribes a controlled substance to the patient at a pain
  509  management clinic occurring three or more times within a 6-month
  510  period, or failing to perform a physical examination on three or
  511  more different patients on the same day that the treating
  512  physician dispenses or prescribes a controlled substance to each
  513  patient at a pain-management clinic within a 6-month period.
  514         (g)Prescribing or dispensing in excess of a 72-hour dose
  515  of controlled substances for the treatment of chronic
  516  nonmalignant pain of a patient occurring three or more times
  517  within a 6-month period without documenting in the patient’s
  518  record the reason that such dosage is within the standard of
  519  care.
  520         (2) Each of the following acts constitutes a misdemeanor of
  521  the first degree, punishable as provided in s. 775.082 or s.
  522  775.083:
  523         (g) Failing to perform a physical examination of a patient
  524  on the same day that the treating physician dispenses or
  525  prescribes a controlled substance to the patient at a pain
  526  management clinic two or more times in a 6-month period, or
  527  failing to perform a physical examination on two or more
  528  different patients on the same day that the treating physician
  529  dispenses or prescribes a controlled substance to each patient
  530  at a pain-management clinic within a 6-month period.
  531         (h) Prescribing or dispensing in excess of a 72-hour dose
  532  of controlled substances for the treatment of chronic
  533  nonmalignant pain of a patient occurring two or more times
  534  within a 6-month period without documenting in the patient’s
  535  record the reason that such dosage is within the standard of
  536  care.
  537         (3) Each of the following acts constitutes a misdemeanor of
  538  the second degree, punishable as provided in s. 775.082 or s.
  539  775.083:
  540         (a) A first offense of failing to perform a physical
  541  examination of a patient on the same day that the treating
  542  physician dispenses or prescribes a controlled substance to the
  543  patient at a pain-management clinic.
  544         (b) A first offense of failing to document in a patient’s
  545  record the reason that such dosage is within the standard of
  546  care for prescribing or dispensing in excess of a 72-hour dose
  547  of controlled substances for the treatment of chronic
  548  nonmalignant pain.
  549         Section 9. Subsection (11) is added to section 458.331,
  550  Florida Statutes, to read:
  551         458.331 Grounds for disciplinary action; action by the
  552  board and department.—
  553         (11) Notwithstanding subsection (2), upon finding that a
  554  physician has prescribed or dispensed, or caused to be
  555  prescribed or dispensed, a controlled substance in a pain
  556  management clinic in a manner that violates the standard of
  557  practice as set forth in chapter 458 or rules adopted pursuant
  558  to chapter 458, the board shall, at a minimum, suspend the
  559  physician’s license for at least 6 months and impose a fine of
  560  at least $10,000 per count. Repeated violations shall result in
  561  increased penalties.
  562         Section 10. Present subsections (3), (4), and (5) of
  563  section 459.003, Florida Statutes, are redesignated as
  564  subsections (4), (5), and (6), respectively, and a new
  565  subsection (3) is added to that section, to read:
  566         459.003 Definitions.—As used in this chapter:
  567         (3) “Dispensing physician” means an osteopathic physician
  568  who is registered as a dispensing practitioner under s.
  569  465.0276.
  570         Section 11. Paragraphs (f) and (g) are added to subsection
  571  (1), paragraphs (e) and (f) are added to subsection (2), and
  572  paragraphs (d) and (e) are added to subsection (3) of section
  573  459.013, Florida Statutes, to read:
  574         459.013 Penalty for violations.—
  575         (1) Each of the following acts constitutes a felony of the
  576  third degree, punishable as provided in s. 775.082, s. 775.083,
  577  or s. 775.084:
  578         (f)Failing to perform a physical examination of a patient
  579  on the same day that the osteopathic physician dispenses or
  580  prescribes a controlled substance to the patient at a pain
  581  management clinic occurring three or more times within a 6-month
  582  period, or failing to perform a physical examination on three or
  583  more different patients on the same day that the osteopathic
  584  physician dispenses or prescribes a controlled substance to each
  585  patient at a pain-management clinic within a 6-month period.
  586         (g)Prescribing or dispensing in excess of a 72-hour dose
  587  of controlled substances for the treatment of chronic
  588  nonmalignant pain of a patient occurring three or more times
  589  within a 6-month period without documenting in the patient’s
  590  record the reason that such dosage is within the standard of
  591  care.
  592         (2) Each of the following acts constitutes a misdemeanor of
  593  the first degree, punishable as provided in s. 775.082 or s.
  594  775.083:
  595         (e) Failing to perform a physical examination of a patient
  596  on the same day that the osteopathic physician dispenses or
  597  prescribes a controlled substance to the patient at a pain
  598  management clinic occurring two or more times within a 6-month
  599  period, or failing to perform a physical examination on two or
  600  more different patients on the same day that the osteopathic
  601  physician dispenses or prescribes a controlled substance to each
  602  patient at a pain-management clinic within a 6-month period.
  603         (f) Prescribing or dispensing in excess of a 72-hour dose
  604  of controlled substances for the treatment of chronic
  605  nonmalignant pain of a patient occurring two or more times
  606  within a 6-month period without documenting in the patient’s
  607  record the reason that such dosage is within the standard of
  608  care.
  609         (3) Each of the following constitutes a misdemeanor of the
  610  second degree, punishable as provided in s. 775.082 or s.
  611  775.083:
  612         (d) A first offense of failing to perform a physical
  613  examination of a patient on the same day that the osteopathic
  614  physician dispenses or prescribes a controlled substance to the
  615  patient at a pain-management clinic.
  616         (e) A first offense of failing to document in a patient’s
  617  record the reason that such dosage is within the standard of
  618  care for prescribing or dispensing in excess of a 72-hour dose
  619  of controlled substances for the treatment of chronic
  620  nonmalignant pain.
  621         Section 12. Paragraph (c) of subsection (2) of section
  622  459.0137, Florida Statutes, is amended, and a new paragraph (f)
  623  is added to subsection (5) of that section, to read:
  624         459.0137 Pain-management clinics.—
  625         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
  626  apply to any osteopathic physician who provides professional
  627  services in a pain-management clinic that is required to be
  628  registered in subsection (1).
  629         (c) An osteopathic physician must perform a physical
  630  examination of a patient on the same day that he or she
  631  dispenses or prescribes a controlled substance to a patient at a
  632  pain-management clinic. If the osteopathic physician prescribes
  633  or dispenses more than a 72-hour dose of controlled substances
  634  for the treatment of chronic nonmalignant pain, the osteopathic
  635  physician must document in the patient’s record the reason such
  636  dosage is within the standard of care for prescribing or
  637  dispensing that quantity.
  638         (5) PENALTIES; ENFORCEMENT.—
  639         (f) A licensee or other person who serves as the designated
  640  physician of a pain-management clinic as defined in s. 458.3265
  641  or s. 459.0137 and registers a pain-management clinic through
  642  misrepresentation or fraud or procures or attempts to procure
  643  the registration of a pain-management clinic for any other
  644  person by making or causing to be made any false or fraudulent
  645  representation commits a felony of the third degree, punishable
  646  as provided in s. 775.082, s. 775.083, or s. 775.084.
  647         Section 13. Subsection (11) is added to section 459.015,
  648  Florida Statutes, to read:
  649         459.015 Grounds for disciplinary action; action by the
  650  board and department.—
  651         (11) Notwithstanding subsection (2), upon finding that an
  652  osteopathic physician has prescribed or dispensed, or caused to
  653  be prescribed or dispensed, a controlled substance in a pain
  654  management clinic in a manner that violates the standard of
  655  practice as set forth in chapter 459 or rules adopted pursuant
  656  to chapter 459, the board shall, at a minimum, suspend the
  657  osteopathic physician’s license for at least 6 months and impose
  658  a fine of at least $10,000 per count. Repeated violations shall
  659  result in increased penalties.
  660         Section 14. Subsection (5) is added to section 465.015,
  661  Florida Statutes, to read:
  662         465.015 Violations and penalties.—
  663         (5)1. A licensed pharmacist, pharmacy technician, or any
  664  person working under the direction or supervision of a
  665  pharmacist or pharmacy technician, may not knowingly fail to
  666  timely report to the Department of Law Enforcement and the local
  667  county sheriff’s office the name of any person who obtains or
  668  attempts to obtain a substance controlled by s. 893.03 which the
  669  pharmacist, pharmacy intern, or other person employed by or at a
  670  pharmacy knows or reasonably should have known was obtained or
  671  attempted to be obtained from the pharmacy through any
  672  fraudulent method or representation. A pharmacist, pharmacy
  673  intern, or other person employed by or at a pharmacy who fails
  674  to make such a report within 24 hours after learning of the
  675  fraud or attempted fraud commits a misdemeanor of the first
  676  degree, punishable as provided in s. 775.082 or s. 775.083.
  677         2. A sufficient report of the fraudulent obtaining of or
  678  attempt to obtain a controlled substance under this section must
  679  contain, at a minimum, a copy of the prescription used or
  680  presented and a narrative, including all information available
  681  to the pharmacy regarding:
  682         a. The transaction, such as the name and telephone number
  683  of the prescribing physician;
  684         b. The name, description, and any personal identification
  685  information pertaining to the person presenting the
  686  prescription; and
  687         c. All other material information, such as photographic or
  688  video surveillance of the transaction.
  689         Section 15. Subsection (6) is added to section 465.0276,
  690  Florida Statutes, to read:
  691         465.0276 Dispensing practitioner.—
  692         (6) In order to dispense a controlled substance listed in
  693  Schedule II, Schedule III, Schedule IV, or Schedule V in s.
  694  893.03, a practitioner authorized by law to prescribe a
  695  controlled substance shall register with the Board of Pharmacy
  696  as a dispensing practitioner who dispenses controlled substances
  697  and pay a fee not to exceed $100. The department shall adopt
  698  rules establishing procedures for renewal of the registration
  699  every 4 years.
  700         Section 16. Paragraph (a) of subsection (1) of section
  701  766.101, Florida Statutes, is amended to read:
  702         766.101 Medical review committee, immunity from liability.—
  703         (1) As used in this section:
  704         (a) The term “medical review committee” or “committee”
  705  means:
  706         1.a. A committee of a hospital or ambulatory surgical
  707  center licensed under chapter 395 or a health maintenance
  708  organization certificated under part I of chapter 641,
  709         b. A committee of a physician-hospital organization, a
  710  provider-sponsored organization, or an integrated delivery
  711  system,
  712         c. A committee of a state or local professional society of
  713  health care providers,
  714         d. A committee of a medical staff of a licensed hospital or
  715  nursing home, provided the medical staff operates pursuant to
  716  written bylaws that have been approved by the governing board of
  717  the hospital or nursing home,
  718         e. A committee of the Department of Corrections or the
  719  Correctional Medical Authority as created under s. 945.602, or
  720  employees, agents, or consultants of either the department or
  721  the authority or both,
  722         f. A committee of a professional service corporation formed
  723  under chapter 621 or a corporation organized under chapter 607
  724  or chapter 617, which is formed and operated for the practice of
  725  medicine as defined in s. 458.305(4) s. 458.305(3), and which
  726  has at least 25 health care providers who routinely provide
  727  health care services directly to patients,
  728         g. A committee of the Department of Children and Family
  729  Services which includes employees, agents, or consultants to the
  730  department as deemed necessary to provide peer review,
  731  utilization review, and mortality review of treatment services
  732  provided pursuant to chapters 394, 397, and 916,
  733         h. A committee of a mental health treatment facility
  734  licensed under chapter 394 or a community mental health center
  735  as defined in s. 394.907, provided the quality assurance program
  736  operates pursuant to the guidelines which have been approved by
  737  the governing board of the agency,
  738         i. A committee of a substance abuse treatment and education
  739  prevention program licensed under chapter 397 provided the
  740  quality assurance program operates pursuant to the guidelines
  741  which have been approved by the governing board of the agency,
  742         j. A peer review or utilization review committee organized
  743  under chapter 440,
  744         k. A committee of the Department of Health, a county health
  745  department, healthy start coalition, or certified rural health
  746  network, when reviewing quality of care, or employees of these
  747  entities when reviewing mortality records, or
  748         l. A continuous quality improvement committee of a pharmacy
  749  licensed pursuant to chapter 465,
  750  
  751  which committee is formed to evaluate and improve the quality of
  752  health care rendered by providers of health service, to
  753  determine that health services rendered were professionally
  754  indicated or were performed in compliance with the applicable
  755  standard of care, or that the cost of health care rendered was
  756  considered reasonable by the providers of professional health
  757  services in the area; or
  758         2. A committee of an insurer, self-insurer, or joint
  759  underwriting association of medical malpractice insurance, or
  760  other persons conducting review under s. 766.106.
  761         Section 17. Subsection (3) of section 810.02, Florida
  762  Statutes, is amended to read:
  763         810.02 Burglary.—
  764         (3) Burglary is a felony of the second degree, punishable
  765  as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
  766  course of committing the offense, the offender does not make an
  767  assault or battery and is not and does not become armed with a
  768  dangerous weapon or explosive, and the offender enters or
  769  remains in a:
  770         (a) Dwelling, and there is another person in the dwelling
  771  at the time the offender enters or remains;
  772         (b) Dwelling, and there is not another person in the
  773  dwelling at the time the offender enters or remains;
  774         (c) Structure, and there is another person in the structure
  775  at the time the offender enters or remains;
  776         (d) Conveyance, and there is another person in the
  777  conveyance at the time the offender enters or remains; or
  778         (e) Authorized emergency vehicle, as defined in s. 316.003;
  779  or.
  780         (f) Dwelling, structure, or conveyance when the offense
  781  intended to be committed is theft of a substance controlled by
  782  s. 893.03. Notwithstanding any contrary provisions of law,
  783  separate judgments and sentences for burglary with the intent to
  784  commit theft of a controlled substance under this paragraph and
  785  for any applicable offense for possession of a controlled
  786  substance under s. 893.13, or an offense for trafficking in a
  787  controlled substance under s. 893.135, may be imposed if all
  788  such offenses involve the same amount or amounts of a controlled
  789  substance.
  790  
  791  However, if the burglary is committed within a county that is
  792  subject to a state of emergency declared by the Governor under
  793  chapter 252 after the declaration of emergency is made and the
  794  perpetration of the burglary is facilitated by conditions
  795  arising from the emergency, the burglary is a felony of the
  796  first degree, punishable as provided in s. 775.082, s. 775.083,
  797  or s. 775.084. As used in this subsection, the term “conditions
  798  arising from the emergency” means civil unrest, power outages,
  799  curfews, voluntary or mandatory evacuations, or a reduction in
  800  the presence of or response time for first responders or
  801  homeland security personnel. A person arrested for committing a
  802  burglary within a county that is subject to such a state of
  803  emergency may not be released until the person appears before a
  804  committing magistrate at a first appearance hearing. For
  805  purposes of sentencing under chapter 921, a felony offense that
  806  is reclassified under this subsection is ranked one level above
  807  the ranking under s. 921.0022 or s. 921.0023 of the offense
  808  committed.
  809         Section 18. Paragraph (c) of subsection (2) of section
  810  812.014, Florida Statutes, is amended to read:
  811         812.014 Theft.—
  812         (2)
  813         (c) It is grand theft of the third degree and a felony of
  814  the third degree, punishable as provided in s. 775.082, s.
  815  775.083, or s. 775.084, if the property stolen is:
  816         1. Valued at $300 or more, but less than $5,000.
  817         2. Valued at $5,000 or more, but less than $10,000.
  818         3. Valued at $10,000 or more, but less than $20,000.
  819         4. A will, codicil, or other testamentary instrument.
  820         5. A firearm.
  821         6. A motor vehicle, except as provided in paragraph (a).
  822         7. Any commercially farmed animal, including any animal of
  823  the equine, bovine, or swine class, or other grazing animal, and
  824  including aquaculture species raised at a certified aquaculture
  825  facility. If the property stolen is aquaculture species raised
  826  at a certified aquaculture facility, then a $10,000 fine shall
  827  be imposed.
  828         8. Any fire extinguisher.
  829         9. Any amount of citrus fruit consisting of 2,000 or more
  830  individual pieces of fruit.
  831         10. Taken from a designated construction site identified by
  832  the posting of a sign as provided for in s. 810.09(2)(d).
  833         11. Any stop sign.
  834         12. Anhydrous ammonia.
  835         13. Any amount of a substance controlled by s. 893.03.
  836  Notwithstanding any contrary provisions of law, separate
  837  judgments and sentences for theft of a controlled substance
  838  under this subparagraph, and for any applicable offense for
  839  possession of a controlled substance under s. 893.13, or an
  840  offense for trafficking in a controlled substance under s.
  841  893.135 may be imposed if all such offenses involve the same
  842  amount or amounts of controlled substance.
  843  
  844  However, if the property is stolen within a county that is
  845  subject to a state of emergency declared by the Governor under
  846  chapter 252, the property is stolen after the declaration of
  847  emergency is made, and the perpetration of the theft is
  848  facilitated by conditions arising from the emergency, the
  849  offender commits a felony of the second degree, punishable as
  850  provided in s. 775.082, s. 775.083, or s. 775.084, if the
  851  property is valued at $5,000 or more, but less than $10,000, as
  852  provided under subparagraph 2., or if the property is valued at
  853  $10,000 or more, but less than $20,000, as provided under
  854  subparagraph 3. As used in this paragraph, the term “conditions
  855  arising from the emergency” means civil unrest, power outages,
  856  curfews, voluntary or mandatory evacuations, or a reduction in
  857  the presence of or the response time for first responders or
  858  homeland security personnel. For purposes of sentencing under
  859  chapter 921, a felony offense that is reclassified under this
  860  paragraph is ranked one level above the ranking under s.
  861  921.0022 or s. 921.0023 of the offense committed.
  862         Section 19. Section 893.021, Florida Statutes, is created
  863  to read:
  864         893.021 Adulterated drug.—As used in this chapter, a drug
  865  is adulterated if:
  866         (1) It is a controlled substance approved by the Federal
  867  Drug Administration, or on the list of controlled substances
  868  pursuant to s. 893.03, and its manufactured form has been
  869  altered by breaking, crushing, dissolving, or combining with an
  870  additive substance that may cause a difference in the strength,
  871  quality, or purity of the drug which could render the substance
  872  injurious to a person’s health.
  873         (2) It is a controlled substance that:
  874         (a) Has been produced, prepared, packed, and marketed for
  875  oral consumption by the manufacturer; and
  876         (b) Has had any change to its integrity or composition for
  877  off-label use by means of inhalation, injection, or any other
  878  form of ingestion not in accordance with the manufacturer’s
  879  recommended use, and such off-label use has not been previously
  880  directed and approved by the prescribing physician.
  881  
  882  A physician is not prevented from directing or prescribing a
  883  change to the recognized manufactured recommendations for use in
  884  a patient who presents a medical need for such a requirement
  885  change of any controlled substance. The prescribing physician
  886  shall clearly indicate any deviation of the recognized
  887  manufacturer’s recommended use of a controlled substance on the
  888  original prescription, and the licensed pharmacist shall clearly
  889  indicate such deviation on the label of the prescription upon
  890  dispensing the controlled substance.
  891         Section 20. Paragraphs (c), (d), and (e) of subsection (1)
  892  of section 893.04, Florida Statutes, are amended to read:
  893         893.04 Pharmacist and practitioner.—
  894         (1) A pharmacist, in good faith and in the course of
  895  professional practice only, may dispense controlled substances
  896  upon a written or oral prescription of a practitioner, under the
  897  following conditions:
  898         (c) The following information must There shall appear on
  899  the face of the prescription or written record of a thereof for
  900  the controlled substance the following information:
  901         1. The full name and address of the person for whom, or the
  902  owner of the animal for which, the controlled substance is
  903  dispensed.
  904         2. The full name and address of the prescribing
  905  practitioner and the practitioner’s federal controlled substance
  906  registry number shall be printed thereon.
  907         3. If the prescription is for an animal, the species of
  908  animal for which the controlled substance is prescribed.
  909         4. The name of the controlled substance prescribed and the
  910  strength, quantity, and directions for use thereof. The
  911  directions for use must specify the authorization by the
  912  physician, any instructions requiring the adulteration of the
  913  dispensed form of the medication, and the medical necessity for
  914  the adulteration in accordance with s. 893.021.
  915         5. The number of the prescription, as recorded in the
  916  prescription files of the pharmacy in which it is filled.
  917         6. The initials of the pharmacist filling the prescription
  918  and the date filled.
  919         (d) The prescription must shall be retained on file by the
  920  proprietor of the pharmacy in which it is filled for a period of
  921  2 years.
  922         (e) A label bearing the following information must be
  923  affixed to the original container in which a controlled
  924  substance is delivered as upon a prescription or authorized
  925  refill thereof, as hereinafter provided, there shall be a label
  926  bearing the following information:
  927         1. The name and address of the pharmacy from which such
  928  controlled substance was dispensed.
  929         2. The date on which the prescription for such controlled
  930  substance was filled.
  931         3. The number of such prescription, as recorded in the
  932  prescription files of the pharmacy in which it is filled.
  933         4. The name of the prescribing practitioner.
  934         5. The name of the patient for whom, or of the owner and
  935  species of the animal for which, the controlled substance is
  936  prescribed.
  937         6. The directions for the use of the controlled substance
  938  prescribed in the prescription.
  939         7. A clear, concise warning that it is a crime to transfer
  940  the controlled substance to any person other than the patient
  941  for whom prescribed.
  942         Section 21. Section 893.055, Florida Statutes, is amended
  943  to read:
  944         893.055 Prescription drug monitoring program.—
  945         (1) As used in this section, the term:
  946         (a) “Patient advisory report” or “advisory report” means
  947  information provided by the department in writing, or as
  948  determined by the department, to a prescriber, dispenser,
  949  pharmacy, or patient concerning the dispensing of controlled
  950  substances. All advisory reports are for informational purposes
  951  only and impose no obligations of any nature or any legal duty
  952  on a prescriber, dispenser, pharmacy, or patient. The patient
  953  advisory report shall be provided in accordance with s.
  954  893.13(7)(a)8. The advisory reports issued by the department are
  955  not subject to discovery or introduction into evidence in any
  956  civil or administrative action against a prescriber, dispenser,
  957  pharmacy, or patient arising out of matters that are the subject
  958  of the report; and a person who participates in preparing,
  959  reviewing, issuing, or any other activity related to an advisory
  960  report may not be permitted or required to testify in any such
  961  civil action as to any findings, recommendations, evaluations,
  962  opinions, or other actions taken in connection with preparing,
  963  reviewing, or issuing such a report.
  964         (b) “Controlled substance” means a controlled substance
  965  listed in Schedule II, Schedule III, or Schedule IV in s.
  966  893.03.
  967         (c) “Dispenser” means a pharmacy, dispensing pharmacist, or
  968  dispensing health care practitioner.
  969         (d) “Health care practitioner” or “practitioner” means any
  970  practitioner who is subject to licensure or regulation by the
  971  department under chapter 458, chapter 459, chapter 461, chapter
  972  462, chapter 464, chapter 465, or chapter 466.
  973         (e) “Health care regulatory board” means any board for a
  974  practitioner or health care practitioner who is licensed or
  975  regulated by the department.
  976         (f) “Pharmacy” means any pharmacy that is subject to
  977  licensure or regulation by the department under chapter 465 and
  978  that dispenses or delivers a controlled substance to an
  979  individual or address in this state.
  980         (g) “Prescriber” means a prescribing physician, prescribing
  981  practitioner, or other prescribing health care practitioner.
  982         (h) “Active investigation” means an investigation that is
  983  being conducted with a reasonable, good faith belief that it
  984  could lead to the filing of administrative, civil, or criminal
  985  proceedings, or that is ongoing and continuing and for which
  986  there is a reasonable, good faith anticipation of securing an
  987  arrest or prosecution in the foreseeable future.
  988         (i) “Law enforcement agency” means the Department of Law
  989  Enforcement, a Florida sheriff’s department, a Florida police
  990  department, or a law enforcement agency of the Federal
  991  Government which enforces the laws of this state or the United
  992  States relating to controlled substances, and which its agents
  993  and officers are empowered by law to conduct criminal
  994  investigations and make arrests.
  995         (j) “Program manager” means an employee of or a person
  996  contracted by the Department of Health who is designated to
  997  ensure the integrity of the prescription drug monitoring program
  998  in accordance with the requirements established in paragraphs
  999  (2)(a) and (b).
 1000         (2)(a) By December 1, 2010, the department shall design and
 1001  establish a comprehensive electronic database system that has
 1002  controlled substance prescriptions provided to it and that
 1003  provides prescription information to a patient’s health care
 1004  practitioner and pharmacist who inform the department that they
 1005  wish the patient advisory report provided to them. Otherwise,
 1006  the patient advisory report will not be sent to the
 1007  practitioner, pharmacy, or pharmacist. The system shall be
 1008  designed to provide information regarding dispensed
 1009  prescriptions of controlled substances and shall not infringe
 1010  upon the legitimate prescribing or dispensing of a controlled
 1011  substance by a prescriber or dispenser acting in good faith and
 1012  in the course of professional practice. The system shall be
 1013  consistent with standards of the American Society for Automation
 1014  in Pharmacy (ASAP). The electronic system shall also comply with
 1015  the Health Insurance Portability and Accountability Act (HIPAA)
 1016  as it pertains to protected health information (PHI), electronic
 1017  protected health information (EPHI), the National All Schedules
 1018  Prescription Electronic Reporting (NASPER) Act’s minimum
 1019  requirements for authentication of a practitioner who requests
 1020  information in the prescription drug monitoring program database
 1021  and certification of the purpose for which information is
 1022  requested, and all other relevant state and federal privacy and
 1023  security laws and regulations. The department shall establish
 1024  policies and procedures as appropriate regarding the reporting,
 1025  accessing the database, evaluation, management, development,
 1026  implementation, operation, storage, and security of information
 1027  within the system. The reporting of prescribed controlled
 1028  substances shall include a dispensing transaction with a
 1029  dispenser pursuant to chapter 465 or through a dispensing
 1030  transaction to an individual or address in this state with a
 1031  pharmacy that is not located in this state but that is otherwise
 1032  subject to the jurisdiction of this state as to that dispensing
 1033  transaction. The reporting of patient advisory reports refers
 1034  only to reports to patients, pharmacies, and practitioners.
 1035  Separate reports that contain patient prescription history
 1036  information and that are not patient advisory reports are
 1037  provided to persons and entities as authorized in paragraphs
 1038  (7)(b) and (c) and s. 893.0551.
 1039         (b) The department, when the direct support organization
 1040  receives at least $20,000 in nonstate moneys or the state
 1041  receives at least $20,000 in federal grants for the prescription
 1042  drug monitoring program, and in consultation with the Office of
 1043  Drug Control, shall adopt rules as necessary concerning the
 1044  reporting, accessing the database, evaluation, management,
 1045  development, implementation, operation, security, and storage of
 1046  information within the system, including rules for when patient
 1047  advisory reports are provided to pharmacies and prescribers. The
 1048  patient advisory report shall be provided in accordance with s.
 1049  893.13(7)(a)8. The department shall work with the professional
 1050  health care licensure boards, such as the Board of Medicine, the
 1051  Board of Osteopathic Medicine, and the Board of Pharmacy; other
 1052  appropriate organizations, such as the Florida Pharmacy
 1053  Association, the Office of Drug Control, the Florida Medical
 1054  Association, the Florida Retail Federation, and the Florida
 1055  Osteopathic Medical Association, including those relating to
 1056  pain management; and the Attorney General, the Department of Law
 1057  Enforcement, and the Agency for Health Care Administration to
 1058  develop rules appropriate for the prescription drug monitoring
 1059  program.
 1060         (c) All dispensers and prescribers subject to these
 1061  reporting requirements shall be notified by the department of
 1062  the implementation date for such reporting requirements.
 1063         (d) The program manager shall work with professional health
 1064  care licensure boards and the stakeholders listed in paragraph
 1065  (b) to develop rules appropriate for identifying indicators of
 1066  controlled substance abuse.
 1067         (e) The department shall establish a method to allow
 1068  corrections to the database when notified by a health care
 1069  practitioner or pharmacist.
 1070         (3) The pharmacy dispensing the controlled substance and
 1071  each prescriber who directly dispenses a controlled substance
 1072  shall submit to the electronic system, by a procedure and in a
 1073  format established by the department and consistent with an
 1074  ASAP-approved format, the following information for inclusion in
 1075  the database:
 1076         (a) The name of the prescribing practitioner, the
 1077  practitioner’s federal Drug Enforcement Administration
 1078  registration number, the practitioner’s National Provider
 1079  Identification (NPI) or other appropriate identifier, and the
 1080  date of the prescription.
 1081         (b) The date the prescription was filled and the method of
 1082  payment, such as cash by an individual, insurance coverage
 1083  through a third party, or Medicaid payment. This paragraph does
 1084  not authorize the department to include individual credit card
 1085  numbers or other account numbers in the database.
 1086         (c) The full name, address, and date of birth of the person
 1087  for whom the prescription was written.
 1088         (d) The name, national drug code, quantity, and strength of
 1089  the controlled substance dispensed.
 1090         (e) The full name, federal Drug Enforcement Administration
 1091  registration number, and address of the pharmacy or other
 1092  location from which the controlled substance was dispensed. If
 1093  the controlled substance was dispensed by a practitioner other
 1094  than a pharmacist, the practitioner’s full name, federal Drug
 1095  Enforcement Administration registration number, and address.
 1096         (f) The name of the pharmacy or practitioner, other than a
 1097  pharmacist, dispensing the controlled substance and the
 1098  practitioner’s National Provider Identification (NPI).
 1099         (g) Other appropriate identifying information as determined
 1100  by department rule.
 1101         (h) The number of refills ordered and whether the drug was
 1102  dispensed as a refill of a prescription or was a first-time
 1103  request.
 1104         (4) Each time a controlled substance is dispensed to an
 1105  individual, the controlled substance shall be reported to the
 1106  department through the system as soon thereafter as possible,
 1107  but not more than 7 15 days after the date the controlled
 1108  substance is dispensed unless an extension is approved by the
 1109  department for cause as determined by rule. A dispenser must
 1110  meet the reporting requirements of this section by providing the
 1111  required information concerning each controlled substance that
 1112  it dispensed in a department-approved, secure methodology and
 1113  format. Such approved formats may include, but are not limited
 1114  to, submission via the Internet, on a disc, or by use of regular
 1115  mail.
 1116         (5) When the following acts of dispensing or administering
 1117  occur, the following are exempt from reporting under this
 1118  section for that specific act of dispensing or administration:
 1119         (a) A health care practitioner when administering a
 1120  controlled substance directly to a patient if the amount of the
 1121  controlled substance is adequate to treat the patient during
 1122  that particular treatment session.
 1123         (b) A pharmacist or health care practitioner when
 1124  administering a controlled substance to a patient or resident
 1125  receiving care as a patient at a hospital, nursing home,
 1126  ambulatory surgical center, hospice, or intermediate care
 1127  facility for the developmentally disabled which is licensed in
 1128  this state.
 1129         (c) A practitioner when administering or dispensing a
 1130  controlled substance in the health care system of the Department
 1131  of Corrections.
 1132         (c)(d) A practitioner when administering a controlled
 1133  substance in the emergency room of a licensed hospital.
 1134         (d)(e) A health care practitioner when administering or
 1135  dispensing a controlled substance to a person under the age of
 1136  16 if the amount of the controlled substance is adequate to
 1137  treat the patient during that particular treatment session.
 1138         (e)(f) A pharmacist or a dispensing practitioner when
 1139  dispensing a one-time, 48-hour 72-hour emergency resupply of a
 1140  controlled substance to a patient.
 1141         (6) The department may establish when to suspend and when
 1142  to resume reporting information during a state-declared or
 1143  nationally declared disaster.
 1144         (7)(a) A practitioner or pharmacist who dispenses a
 1145  controlled substance must submit the information required by
 1146  this section in an electronic or other method in an ASAP format
 1147  approved by rule of the department unless otherwise provided in
 1148  this section. The cost to the dispenser in submitting the
 1149  information required by this section may not be material or
 1150  extraordinary. Costs not considered to be material or
 1151  extraordinary include, but are not limited to, regular postage,
 1152  electronic media, regular electronic mail, and facsimile
 1153  charges.
 1154         (b)1.In order for a pharmacy, prescriber, practitioner, or
 1155  dispenser to shall have access to information in the
 1156  prescription drug monitoring program’s database which relates to
 1157  a patient of that pharmacy, prescriber, practitioner, or
 1158  dispenser, the pharmacy, prescriber, practitioner, or dispenser
 1159  shall register with the department by submitting a registering
 1160  document provided by the department. The document and validation
 1161  of that document shall be determined by the department. Before a
 1162  pharmacy, prescriber, practitioner, or dispenser is granted
 1163  access to information in the database from the prescription drug
 1164  monitoring program, the department shall approve the submitted
 1165  document. Upon approval, the department shall grant the
 1166  registrant access to the appropriate information in the
 1167  prescription drug monitoring program’s database in a manner
 1168  established by the department as needed for the purpose of
 1169  reviewing the patient’s controlled substance prescription
 1170  history.
 1171         2. Other access to the program’s database shall be limited
 1172  to the program’s manager and to the designated program and
 1173  support staff, who may act only at the direction of the program
 1174  manager or, in the absence of the program manager, as
 1175  authorized. Access by the program manager or such designated
 1176  staff is for prescription drug program management only or for
 1177  management of the program’s database and its system in support
 1178  of the requirements of this section and in furtherance of the
 1179  prescription drug monitoring program. Confidential and exempt
 1180  information in the database shall be released only as provided
 1181  in paragraph (c) and s. 893.0551. The program manager,
 1182  designated program and support staff who act at the direction of
 1183  or in the absence of the program manager, and any individual who
 1184  has similar access regarding the management of the database from
 1185  the prescription drug monitoring program shall submit
 1186  fingerprints to the department for background screening. The
 1187  department shall follow the procedure established by the
 1188  Department of Law Enforcement to request a statewide criminal
 1189  history record check and to request that the Department of Law
 1190  Enforcement forward the fingerprints to the Federal Bureau of
 1191  Investigation for a national criminal history record check.
 1192         (c) The following entities may shall not have be allowed
 1193  direct access to information in the prescription drug monitoring
 1194  program database but may request from the program manager and,
 1195  when authorized by the program manager, the program manager’s
 1196  program and support staff, information that is confidential and
 1197  exempt under s. 893.0551. Prior to release, the request shall be
 1198  verified as authentic and authorized with the requesting
 1199  organization by the program manager, the program manager’s
 1200  program and support staff, or as determined in rules by the
 1201  department as being authentic and as having been authorized by
 1202  the requesting entity:
 1203         1. The department or its relevant health care regulatory
 1204  boards responsible for the licensure, regulation, or discipline
 1205  of practitioners, pharmacists, or other persons who are
 1206  authorized to prescribe, administer, or dispense controlled
 1207  substances and who are involved in a specific controlled
 1208  substance investigation involving a designated person for one or
 1209  more prescribed controlled substances.
 1210         2. The Attorney General for Medicaid fraud cases or
 1211  Medicaid investigations involving prescribed controlled
 1212  substances.
 1213         3. A law enforcement agency during active investigations
 1214  regarding potential criminal activity, fraud, or theft regarding
 1215  prescribed controlled substances.
 1216         4. A patient or the legal guardian or designated health
 1217  care surrogate of an incapacitated patient as described in s.
 1218  893.0551 who, for the purpose of verifying the accuracy of the
 1219  database information, submits a written and notarized request
 1220  that includes the patient’s full name, address, and date of
 1221  birth, and includes the same information if the legal guardian
 1222  or health care surrogate submits the request. The patient’s
 1223  phone number and a copy of a government-issued photo
 1224  identification must be provided in person to the program manager
 1225  along with the notarized request. The request shall be validated
 1226  by the department to verify the identity of the patient and the
 1227  legal guardian or health care surrogate, if the patient’s legal
 1228  guardian or health care surrogate is the requestor. Such
 1229  verification is also required for any request to change a
 1230  patient’s prescription history or other information related to
 1231  his or her information in the electronic database.
 1232         5. The Agency for Health Care Administration for Medicaid
 1233  fraud cases or Medicaid investigations involving prescribed
 1234  controlled substances.
 1235  
 1236  Information in the database for the electronic prescription drug
 1237  monitoring system is not discoverable or admissible in any civil
 1238  or administrative action, except in an investigation and
 1239  disciplinary proceeding by the department or the appropriate
 1240  regulatory board.
 1241         (d) The following entities may shall not have be allowed
 1242  direct access to information in the prescription drug monitoring
 1243  program database but may request from the program manager and,
 1244  when authorized by the program manager, the program manager’s
 1245  program and support staff, information that contains no
 1246  identifying information of any patient, physician, health care
 1247  practitioner, prescriber, or dispenser and that is not
 1248  confidential and exempt:
 1249         1. Department staff for the purpose of calculating
 1250  performance measures pursuant to subsection (8).
 1251         2. The Program Implementation and Oversight Task Force for
 1252  its reporting to the Governor, the President of the Senate, and
 1253  the Speaker of the House of Representatives regarding the
 1254  prescription drug monitoring program. This subparagraph expires
 1255  July 1, 2012.
 1256         (e) All transmissions of data required by this section must
 1257  comply with relevant state and federal privacy and security laws
 1258  and regulations. However, any authorized agency or person under
 1259  s. 893.0551 receiving such information as allowed by s. 893.0551
 1260  may maintain the information received for up to 24 months before
 1261  purging it from his or her records or maintain it for longer
 1262  than 24 months if the information is pertinent to ongoing health
 1263  care or an active law enforcement investigation or prosecution.
 1264         (f) The program manager, upon determining a pattern
 1265  consistent with the rules established under paragraph (2)(d) and
 1266  having cause to believe a violation of s. 893.13(7)(a)8.,
 1267  (8)(a), or (8)(b) has occurred, may provide relevant information
 1268  to the applicable law enforcement agency.
 1269         (8) To assist in fulfilling program responsibilities,
 1270  performance measures shall be reported annually to the Governor,
 1271  the President of the Senate, and the Speaker of the House of
 1272  Representatives by the department each December 1, beginning in
 1273  2011. Data that does not contain patient, physician, health care
 1274  practitioner, prescriber, or dispenser identifying information
 1275  may be requested during the year by department employees so that
 1276  the department may undertake public health care and safety
 1277  initiatives that take advantage of observed trends. Performance
 1278  measures may include, but are not limited to, efforts to achieve
 1279  the following outcomes:
 1280         (a) Reduction of the rate of inappropriate use of
 1281  prescription drugs through department education and safety
 1282  efforts.
 1283         (b) Reduction of the quantity of pharmaceutical controlled
 1284  substances obtained by individuals attempting to engage in fraud
 1285  and deceit.
 1286         (c) Increased coordination among partners participating in
 1287  the prescription drug monitoring program.
 1288         (d) Involvement of stakeholders in achieving improved
 1289  patient health care and safety and reduction of prescription
 1290  drug abuse and prescription drug diversion.
 1291         (9) Any person who willfully and knowingly fails to report
 1292  the dispensing of a controlled substance as required by this
 1293  section commits a misdemeanor of the first degree, punishable as
 1294  provided in s. 775.082 or s. 775.083.
 1295         (10) All costs incurred by the department in administering
 1296  the prescription drug monitoring program shall be funded through
 1297  federal grants or private funding applied for or received by the
 1298  state. The department may not commit funds for the monitoring
 1299  program without ensuring funding is available. The prescription
 1300  drug monitoring program and the implementation thereof are
 1301  contingent upon receipt of the nonstate funding. The department
 1302  and state government shall cooperate with the direct-support
 1303  organization established pursuant to subsection (11) in seeking
 1304  federal grant funds, other nonstate grant funds, gifts,
 1305  donations, or other private moneys for the department so long as
 1306  the costs of doing so are not considered material. Nonmaterial
 1307  costs for this purpose include, but are not limited to, the
 1308  costs of mailing and personnel assigned to research or apply for
 1309  a grant. Notwithstanding the exemptions to competitive
 1310  solicitation requirements under s. 287.057(3)(f), the department
 1311  shall comply with the competitive-solicitation requirements
 1312  under s. 287.057 for the procurement of any goods or services
 1313  required by this section.
 1314         (11) The Office of Drug Control, in coordination with the
 1315  department, may establish a direct-support organization that has
 1316  a board consisting of at least five members to provide
 1317  assistance, funding, and promotional support for the activities
 1318  authorized for the prescription drug monitoring program.
 1319         (a) As used in this subsection, the term “direct-support
 1320  organization” means an organization that is:
 1321         1. A Florida corporation not for profit incorporated under
 1322  chapter 617, exempted from filing fees, and approved by the
 1323  Department of State.
 1324         2. Organized and operated to conduct programs and
 1325  activities; raise funds; request and receive grants, gifts, and
 1326  bequests of money; acquire, receive, hold, and invest, in its
 1327  own name, securities, funds, objects of value, or other
 1328  property, either real or personal; and make expenditures or
 1329  provide funding to or for the direct or indirect benefit of the
 1330  department in the furtherance of the prescription drug
 1331  monitoring program.
 1332         (b) The direct-support organization is not considered a
 1333  lobbying firm within the meaning of s. 11.045.
 1334         (c) The director of the Office of Drug Control shall
 1335  appoint a board of directors for the direct-support
 1336  organization. The director may designate employees of the Office
 1337  of Drug Control, state employees other than state employees from
 1338  the department, and any other nonstate employees as appropriate,
 1339  to serve on the board. Members of the board shall serve at the
 1340  pleasure of the director of the Office of Drug Control. The
 1341  director shall provide guidance to members of the board to
 1342  ensure that moneys received by the direct-support organization
 1343  are not received from inappropriate sources. Inappropriate
 1344  sources include, but are not limited to, donors, grantors,
 1345  persons, or organizations that may monetarily or substantively
 1346  benefit from the purchase of goods or services by the department
 1347  in furtherance of the prescription drug monitoring program.
 1348         (d) The direct-support organization shall operate under
 1349  written contract with the Office of Drug Control. The contract
 1350  must, at a minimum, provide for:
 1351         1. Approval of the articles of incorporation and bylaws of
 1352  the direct-support organization by the Office of Drug Control.
 1353         2. Submission of an annual budget for the approval of the
 1354  Office of Drug Control.
 1355         3. Certification by the Office of Drug Control in
 1356  consultation with the department that the direct-support
 1357  organization is complying with the terms of the contract in a
 1358  manner consistent with and in furtherance of the goals and
 1359  purposes of the prescription drug monitoring program and in the
 1360  best interests of the state. Such certification must be made
 1361  annually and reported in the official minutes of a meeting of
 1362  the direct-support organization.
 1363         4. The reversion, without penalty, to the Office of Drug
 1364  Control, or to the state if the Office of Drug Control ceases to
 1365  exist, of all moneys and property held in trust by the direct
 1366  support organization for the benefit of the prescription drug
 1367  monitoring program if the direct-support organization ceases to
 1368  exist or if the contract is terminated.
 1369         5. The fiscal year of the direct-support organization,
 1370  which must begin July 1 of each year and end June 30 of the
 1371  following year.
 1372         6. The disclosure of the material provisions of the
 1373  contract to donors of gifts, contributions, or bequests,
 1374  including such disclosure on all promotional and fundraising
 1375  publications, and an explanation to such donors of the
 1376  distinction between the Office of Drug Control and the direct
 1377  support organization.
 1378         7. The direct-support organization’s collecting, expending,
 1379  and providing of funds to the department for the development,
 1380  implementation, and operation of the prescription drug
 1381  monitoring program as described in this section and s. 2,
 1382  chapter 2009-198, Laws of Florida, as long as the task force is
 1383  authorized. The direct-support organization may collect and
 1384  expend funds to be used for the functions of the direct-support
 1385  organization’s board of directors, as necessary and approved by
 1386  the director of the Office of Drug Control. In addition, the
 1387  direct-support organization may collect and provide funding to
 1388  the department in furtherance of the prescription drug
 1389  monitoring program by:
 1390         a. Establishing and administering the prescription drug
 1391  monitoring program’s electronic database, including hardware and
 1392  software.
 1393         b. Conducting studies on the efficiency and effectiveness
 1394  of the program to include feasibility studies as described in
 1395  subsection (13).
 1396         c. Providing funds for future enhancements of the program
 1397  within the intent of this section.
 1398         d. Providing user training of the prescription drug
 1399  monitoring program, including distribution of materials to
 1400  promote public awareness and education and conducting workshops
 1401  or other meetings, for health care practitioners, pharmacists,
 1402  and others as appropriate.
 1403         e. Providing funds for travel expenses.
 1404         f. Providing funds for administrative costs, including
 1405  personnel, audits, facilities, and equipment.
 1406         g. Fulfilling all other requirements necessary to implement
 1407  and operate the program as outlined in this section.
 1408         (e) The activities of the direct-support organization must
 1409  be consistent with the goals and mission of the Office of Drug
 1410  Control, as determined by the office in consultation with the
 1411  department, and in the best interests of the state. The direct
 1412  support organization must obtain a written approval from the
 1413  director of the Office of Drug Control for any activities in
 1414  support of the prescription drug monitoring program before
 1415  undertaking those activities.
 1416         (f) The Office of Drug Control, in consultation with the
 1417  department, may permit, without charge, appropriate use of
 1418  administrative services, property, and facilities of the Office
 1419  of Drug Control and the department by the direct-support
 1420  organization, subject to this section. The use must be directly
 1421  in keeping with the approved purposes of the direct-support
 1422  organization and may not be made at times or places that would
 1423  unreasonably interfere with opportunities for the public to use
 1424  such facilities for established purposes. Any moneys received
 1425  from rentals of facilities and properties managed by the Office
 1426  of Drug Control and the department may be held by the Office of
 1427  Drug Control or in a separate depository account in the name of
 1428  the direct-support organization and subject to the provisions of
 1429  the letter of agreement with the Office of Drug Control. The
 1430  letter of agreement must provide that any funds held in the
 1431  separate depository account in the name of the direct-support
 1432  organization must revert to the Office of Drug Control if the
 1433  direct-support organization is no longer approved by the Office
 1434  of Drug Control to operate in the best interests of the state.
 1435         (g) The Office of Drug Control, in consultation with the
 1436  department, may adopt rules under s. 120.54 to govern the use of
 1437  administrative services, property, or facilities of the
 1438  department or office by the direct-support organization.
 1439         (h) The Office of Drug Control may not permit the use of
 1440  any administrative services, property, or facilities of the
 1441  state by a direct-support organization if that organization does
 1442  not provide equal membership and employment opportunities to all
 1443  persons regardless of race, color, religion, gender, age, or
 1444  national origin.
 1445         (i) The direct-support organization shall provide for an
 1446  independent annual financial audit in accordance with s.
 1447  215.981. Copies of the audit shall be provided to the Office of
 1448  Drug Control and the Office of Policy and Budget in the
 1449  Executive Office of the Governor.
 1450         (j) The direct-support organization may not exercise any
 1451  power under s. 617.0302(12) or (16).
 1452         (12) A prescriber or dispenser may have access to the
 1453  information under this section which relates to a patient of
 1454  that prescriber or dispenser as needed for the purpose of
 1455  reviewing the patient’s controlled drug prescription history. A
 1456  prescriber or dispenser acting in good faith is immune from any
 1457  civil, criminal, or administrative liability that might
 1458  otherwise be incurred or imposed for receiving or using
 1459  information from the prescription drug monitoring program. This
 1460  subsection does not create a private cause of action, and a
 1461  person may not recover damages against a prescriber or dispenser
 1462  authorized to access information under this subsection for
 1463  accessing or failing to access such information.
 1464         (13) To the extent that funding is provided for such
 1465  purpose through federal or private grants or gifts and other
 1466  types of available moneys, the department, in collaboration with
 1467  the Office of Drug Control, shall study the feasibility of
 1468  enhancing the prescription drug monitoring program for the
 1469  purposes of public health initiatives and statistical reporting
 1470  that respects the privacy of the patient, the prescriber, and
 1471  the dispenser. Such a study shall be conducted in order to
 1472  further improve the quality of health care services and safety
 1473  by improving the prescribing and dispensing practices for
 1474  prescription drugs, taking advantage of advances in technology,
 1475  reducing duplicative prescriptions and the overprescribing of
 1476  prescription drugs, and reducing drug abuse. The requirements of
 1477  the National All Schedules Prescription Electronic Reporting
 1478  (NASPER) Act are authorized in order to apply for federal NASPER
 1479  funding. In addition, the direct-support organization shall
 1480  provide funding for the department, in collaboration with the
 1481  Office of Drug Control, to conduct training for health care
 1482  practitioners and other appropriate persons in using the
 1483  monitoring program to support the program enhancements.
 1484         (14) A pharmacist, pharmacy, or dispensing health care
 1485  practitioner or his or her agent, before releasing a controlled
 1486  substance to any person not known to such dispenser, shall
 1487  require the person purchasing, receiving, or otherwise acquiring
 1488  the controlled substance to present valid photographic
 1489  identification or other verification of his or her identity to
 1490  the dispenser. If the person does not have proper
 1491  identification, the dispenser may verify the validity of the
 1492  prescription and the identity of the patient with the prescriber
 1493  or his or her authorized agent. Verification of health plan
 1494  eligibility through a real-time inquiry or adjudication system
 1495  will be considered to be proper identification. This subsection
 1496  does not apply in an institutional setting or to a long-term
 1497  care facility, including, but not limited to, an assisted living
 1498  facility or a hospital to which patients are admitted. As used
 1499  in this subsection, the term “proper identification” means an
 1500  identification that is issued by a state or the Federal
 1501  Government containing the person’s photograph, printed name, and
 1502  signature or a document considered acceptable under 8 C.F.R. s.
 1503  274a.2(b)(1)(v)(A) and (B).
 1504         (15) The Agency for Health Care Administration shall
 1505  continue the promotion of electronic prescribing by health care
 1506  practitioners, health care facilities, and pharmacies under s.
 1507  408.0611.
 1508         (16) By October 1, 2010, the department shall adopt rules
 1509  pursuant to ss. 120.536(1) and 120.54 to administer the
 1510  provisions of this section, which shall include as necessary the
 1511  reporting, accessing, evaluation, management, development,
 1512  implementation, operation, and storage of information within the
 1513  monitoring program’s system.
 1514         (17) After the prescription drug monitoring program has
 1515  been operational for 12 months, the State Surgeon General shall
 1516  enter into reciprocal agreements for the sharing of prescription
 1517  drug monitoring information with any other state that has a
 1518  compatible prescription drug monitoring program. If the State
 1519  Surgeon General evaluates the prescription drug monitoring
 1520  program of another state as authorized in this subsection,
 1521  priority shall be given to a state that is contiguous with the
 1522  borders of this state.
 1523         (a)In determining compatibility, the State Surgeon General
 1524  shall consider:
 1525         1.The essential purposes of the program and the success of
 1526  the program in fulfilling those purposes.
 1527         2.The safeguards for privacy of patient records and the
 1528  success of the program in protecting patient privacy.
 1529         3.The persons authorized to view the data collected by the
 1530  program. Comparable organizations and professions for
 1531  practitioners in other states, law enforcement agencies, the
 1532  Attorney General’s Medicaid Fraud Unit, medical regulatory
 1533  boards, and, as needed, management staff who have similar duties
 1534  as management staff who work with the prescription drug
 1535  monitoring program as authorized in s. 893.0551 are authorized
 1536  access upon approval by the State Surgeon General.
 1537         4.The schedules of the controlled substances that are
 1538  monitored.
 1539         5.The data required to be submitted for each prescription.
 1540         6.Any implementing criteria deemed essential for a
 1541  thorough comparison.
 1542         (b)The State Surgeon General shall annually review any
 1543  agreement to determine its continued compatibility with the
 1544  prescription drug monitoring program in this state.
 1545         (c)Any agreement between the State Surgeon General and
 1546  another state shall prohibit the sharing of information
 1547  concerning a resident of this state or a practitioner,
 1548  pharmacist, or other prescriber for any purpose that is not
 1549  otherwise authorized by this section or s. 893.0551.
 1550         Section 22. Present subsections (4), (5), (6), and (7) of
 1551  section 893.0551, Florida Statutes, are redesignated as
 1552  subsections (5), (6), (7), and (8), respectively, and a new
 1553  subsection (4) is added to that section, to read:
 1554         893.0551 Public records exemption for the prescription drug
 1555  monitoring program.—
 1556         (4) The department may disclose confidential and exempt
 1557  information contained in records held by the department under s.
 1558  893.055 if the State Surgeon General has entered into a
 1559  reciprocal agreement for the sharing of prescription drug
 1560  monitoring information with any other state that has a
 1561  compatible prescription drug monitoring program.
 1562         (a)The reciprocal agreement may allow the following
 1563  persons from another state to receive information from the
 1564  prescription drug monitoring program if approved by the State
 1565  Surgeon General:
 1566         1.A designated representative of a state professional
 1567  licensing, certification, or regulatory agency charged with
 1568  oversight of those persons authorized to prescribe or dispense
 1569  controlled substances for the purpose of a bona fide, specific
 1570  investigation of a prescription of a controlled substance which
 1571  involves a designated person. As required in s. 893.055, this
 1572  authorization does not preclude the requirement for the program
 1573  manager to review the request for information and validate it.
 1574         2.A health care practitioner or pharmacist licensed in the
 1575  state from which the request originates. Such health care
 1576  practitioner or pharmacist shall certify that the requested
 1577  information is for the purpose of providing medical or
 1578  pharmaceutical treatment to a bona fide, current patient. The
 1579  health care practitioner or pharmacist shall follow all the
 1580  procedures required in s. 893.055 and rules established by the
 1581  department for a health care practitioner or pharmacist to
 1582  request information from the database.
 1583         3.A law enforcement officer from another state:
 1584         a. Who is a member of a sheriff’s department or a police
 1585  department;
 1586         b. Who is authorized by law to conduct criminal
 1587  investigations and make arrests;
 1588         c. Whose duty it is to enforce the laws of his or her state
 1589  relating to controlled substances; and
 1590         d. Who is engaged in a bona fide specific, active
 1591  investigation involving a designated person regarding
 1592  prescriptions for controlled substances.
 1593  
 1594  As required in s. 893.055, this authorization does not preclude
 1595  the requirement for the program manager to review the request
 1596  for information and validate it. This authorization also does
 1597  not preclude the ability to provide a report to a law
 1598  enforcement agency in another state under s. 893.055(7) or this
 1599  subsection.
 1600         (b)Any agreement between the State Surgeon General and
 1601  another state shall prohibit the sharing of information
 1602  concerning a resident of this state, a patient whose information
 1603  is in the program’s database, or a practitioner, pharmacy,
 1604  pharmacist, health care practitioner, or other prescriber for
 1605  any purpose that is not otherwise authorized by this section or
 1606  s. 893.055, and the information must be provided according to
 1607  the State Surgeon General’s determination of compatibility as
 1608  described in s. 893.055(17).
 1609         Section 23. Subsections (1), (4), and (5) of section
 1610  893.07, Florida Statutes, are amended, and a new subsection (6)
 1611  is added to that section to read:
 1612         893.07 Records.—
 1613         (1) Notwithstanding any other provision of law and in
 1614  consonance with the authority of State v. Carter, 23 So. 3d 798
 1615  (Fla. 1st DCA 2009) and State v. Tamulonis, 39 So. 3d 524 (Fla.
 1616  2nd DCA 2010), every person who engages in the manufacture,
 1617  compounding, mixing, cultivating, growing, or by any other
 1618  process producing or preparing, or in the dispensing,
 1619  importation, or, as a wholesaler, distribution, of controlled
 1620  substances shall:
 1621         (a) On January 1, 1974, or as soon thereafter as any person
 1622  first engages in such activity, and every second year
 1623  thereafter, make a complete and accurate record of all stocks of
 1624  controlled substances on hand. The inventory may be prepared on
 1625  the regular physical inventory date which is nearest to, and
 1626  does not vary by more than 6 months from, the biennial date that
 1627  would otherwise apply. As additional substances are designated
 1628  for control under this chapter, they shall be inventoried as
 1629  provided for in this subsection.
 1630         (b) On and after January 1, 1974, maintain, on a current
 1631  basis, a complete and accurate record of each substance
 1632  manufactured, received, sold, delivered, or otherwise disposed
 1633  of by him or her, except that this subsection shall not require
 1634  the maintenance of a perpetual inventory.
 1635  
 1636  Compliance with the provisions of federal law pertaining to the
 1637  keeping of records of controlled substances shall be deemed a
 1638  compliance with the requirements of this subsection.
 1639         (4) Every inventory or record required by this chapter,
 1640  including prescription records, shall be maintained:
 1641         (a) Separately from all other records of the registrant, or
 1642         (b) Alternatively, in the case of Schedule III, IV, or V
 1643  controlled substances, in such form that information required by
 1644  this chapter is readily retrievable from the ordinary business
 1645  records of the registrant.
 1646  
 1647  In either case, such records described in this subsection shall
 1648  be kept and made available for a period of at least 2 years for
 1649  inspection and copying by law enforcement officers whose duty it
 1650  is to enforce the laws of this state relating to controlled
 1651  substances.
 1652         (5) Each person shall maintain a record that contains which
 1653  shall contain a detailed list of controlled substances lost,
 1654  destroyed, or stolen, if any; the kind and quantity of such
 1655  controlled substances; and the date of the discovering of such
 1656  loss, destruction, or theft. If a person discovers the theft or
 1657  loss of a controlled substance, such person shall report the
 1658  theft or loss to a local county sheriff’s office and the
 1659  Department of Law Enforcement within 48 hours after the
 1660  discovery of such theft or loss. A person who fails to report
 1661  the theft or loss of a controlled substance under this
 1662  subsection is subject to an administrative fine:
 1663         (a) Not to exceed $100 per incident; or
 1664         (b) Not to exceed $500 per incident if it is a theft or
 1665  loss of a controlled substance listed under Schedule II.
 1666         (6) The Legislature finds that the opinions rendered in
 1667  State v. Carter, 23 So. 3d 798 (Fla. 1st DCA 2009), and State v.
 1668  Tamulonis, 39 So. 3d 524 (Fla. 2nd DCA 2010), correctly construe
 1669  this Legislature’s intent that the inspection powers previously
 1670  conferred upon law enforcement officers which allow such
 1671  officers to access and review pharmacy records concerning
 1672  controlled substances are to be exercised properly by such law
 1673  enforcement officers without the requirement of a subpoena or
 1674  search warrant being sought or issued to examine and copy such
 1675  records, and without the requirement that those persons to whom
 1676  particular pharmacy records refer be given notice of the
 1677  records’ examination and copying under this section.
 1678         Section 24. Subsections (7) and (8) of section 893.13,
 1679  Florida Statutes, are amended to read:
 1680         893.13 Prohibited acts; penalties.—
 1681         (7)(a) A It is unlawful for any person may not:
 1682         1. To Distribute or dispense a controlled substance in
 1683  violation of this chapter.
 1684         2. To Refuse or fail to make, keep, or furnish any record,
 1685  notification, order form, statement, invoice, or information
 1686  required under this chapter.
 1687         3. To Refuse an entry into any premises for any inspection
 1688  or to refuse to allow any inspection authorized by this chapter.
 1689         4. To Distribute a controlled substance named or described
 1690  in s. 893.03(1) or (2) except pursuant to an order form as
 1691  required by s. 893.06.
 1692         5. To Keep or maintain any store, shop, warehouse,
 1693  dwelling, building, vehicle, boat, aircraft, or other structure
 1694  or place which is resorted to by persons using controlled
 1695  substances in violation of this chapter for the purpose of using
 1696  these substances, or which is used for keeping or selling them
 1697  in violation of this chapter.
 1698         6. To Use to his or her own personal advantage, or to
 1699  reveal, any information obtained in enforcement of this chapter
 1700  except in a prosecution or administrative hearing for a
 1701  violation of this chapter.
 1702         7. To Possess a prescription form which has not been
 1703  completed and signed by the practitioner whose name appears
 1704  printed thereon, unless the person is that practitioner, is an
 1705  agent or employee of that practitioner, is a pharmacist, or is a
 1706  supplier of prescription forms who is authorized by that
 1707  practitioner to possess those forms.
 1708         8. To Withhold information from a practitioner from whom
 1709  the person seeks to obtain a controlled substance or a
 1710  prescription for a controlled substance that the person making
 1711  the request has received a controlled substance or a
 1712  prescription for a controlled substance of like therapeutic use
 1713  from another practitioner within the previous 30 days.
 1714         9. To Acquire or obtain, or attempt to acquire or obtain,
 1715  possession of a controlled substance by misrepresentation,
 1716  fraud, forgery, deception, or subterfuge.
 1717         10. To Affix any false or forged label to a package or
 1718  receptacle containing a controlled substance.
 1719         11. To Furnish false or fraudulent material information in,
 1720  or omit any material information from, any report or other
 1721  document required to be kept or filed under this chapter or any
 1722  record required to be kept by this chapter.
 1723         12. To Store anhydrous ammonia in a container that is not
 1724  approved by the United States Department of Transportation to
 1725  hold anhydrous ammonia or is not constructed in accordance with
 1726  sound engineering, agricultural, or commercial practices.
 1727         13. With the intent to obtain a controlled substance or
 1728  combination of controlled substances that are not medically
 1729  necessary for the person or an amount of a controlled substance
 1730  or substances that are not medically necessary for the person,
 1731  obtain or attempt to obtain from a practitioner a controlled
 1732  substance or a prescription for a controlled substance by
 1733  misrepresentation, fraud, forgery, deception, subterfuge, or
 1734  concealment of a material fact. For purposes of this
 1735  subparagraph, a material fact includes whether the person has an
 1736  existing prescription for a controlled substance issued for the
 1737  same period of time by another practitioner or as described in
 1738  subparagraph 8.
 1739         (b) A health care practitioner, with the intent to provide
 1740  a controlled substance or combination of controlled substances
 1741  that are not medically necessary to his or her patient or an
 1742  amount of controlled substances that are not medically necessary
 1743  for his or her patient, may not provide a controlled substance
 1744  or a prescription for a controlled substance by
 1745  misrepresentation, fraud, forgery, deception, subterfuge, or
 1746  concealment of a material fact. For purposes of this paragraph,
 1747  a material fact includes whether the patient has an existing
 1748  prescription for a controlled substance issued for the same
 1749  period of time by another practitioner or as described in
 1750  subparagraph (a)8.
 1751         (c) Any person who adulterates a controlled substance for
 1752  directed off-label use without authorization by a prescribing
 1753  physician violates the provisions of subparagraph (a)1. and
 1754  causes the issuance of the entire prescription for the
 1755  controlled substance to become invalid. A law enforcement
 1756  officer in the performance of his or her official duties may
 1757  seize the adulterated or off-label prescribed controlled
 1758  substance as evidence. The controlled substance may be returned
 1759  to the owner only with a notarized affidavit from the original
 1760  prescribing practitioner who has knowledge and gave
 1761  authorization and explicit directions for the adulteration or
 1762  off-label use of the controlled substance.
 1763         (d)(b) Any person who violates the provisions of
 1764  subparagraphs (a)1.-7. commits a misdemeanor of the first
 1765  degree, punishable as provided in s. 775.082 or s. 775.083;
 1766  except that, upon a second or subsequent violation, the person
 1767  commits a felony of the third degree, punishable as provided in
 1768  s. 775.082, s. 775.083, or s. 775.084.
 1769         (e)(c) Any person who violates the provisions of
 1770  subparagraphs (a)8.-12. commits a felony of the third degree,
 1771  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1772         (f) A person or health care practitioner who violates the
 1773  provisions of paragraph (b) or subparagraph (a)13. commits:
 1774         1. A felony of the third degree, punishable as provided in
 1775  s. 775.082, s. 775.083, or s. 775.084, if any controlled
 1776  substance that is the subject of the offense is listed in
 1777  Schedule II, Schedule III, or Schedule IV.
 1778         2. A misdemeanor of the first degree, punishable as
 1779  provided in s. 775.082 or s. 775.083, if any controlled
 1780  substance that is the subject of the offense is listed in
 1781  Schedule V.
 1782         (8)(a) Notwithstanding subsection (9), a prescribing
 1783  practitioner may not:
 1784         1. Knowingly assist a patient, other person, or the owner
 1785  of an animal in obtaining a controlled substance through
 1786  deceptive, untrue, or fraudulent representations in or related
 1787  to the practice of the prescribing practitioner’s professional
 1788  practice;
 1789         2. Employ a trick or scheme in the practice of the
 1790  prescribing practitioner’s professional practice to assist a
 1791  patient, other person, or the owner of an animal in obtaining a
 1792  controlled substance;
 1793         3. Knowingly write a prescription for a controlled
 1794  substance for a fictitious person; or
 1795         4. Write a prescription for a controlled substance for a
 1796  patient, other person, or an animal if the sole purpose of
 1797  writing such prescription is to provide a monetary benefit to,
 1798  or obtain a monetary benefit for, the prescribing practitioner;
 1799  or.
 1800         5. Write a prescription for a controlled substance for a
 1801  patient, other person, or an animal and authorize or direct the
 1802  adulteration of the dispensed form of the controlled substance
 1803  for the purpose of ingestion by means of inhalation, injection,
 1804  or any other means that is not medically necessary for the
 1805  treatment of the patient.
 1806         (b) If the prescribing practitioner wrote a prescription or
 1807  multiple prescriptions for a controlled substance for the
 1808  patient, other person, or animal for which there was no medical
 1809  necessity, or which was in excess of what was medically
 1810  necessary to treat the patient, other person, or animal, that
 1811  fact does not give rise to any presumption that the prescribing
 1812  practitioner violated subparagraph (a)1., but may be considered
 1813  with other competent evidence in determining whether the
 1814  prescribing practitioner knowingly assisted a patient, other
 1815  person, or the owner of an animal to obtain a controlled
 1816  substance in violation of subparagraph (a)1.
 1817         (c) A person who violates paragraph (a) commits a felony of
 1818  the third degree, punishable as provided in s. 775.082, s.
 1819  775.083, or s. 775.084.
 1820         (d) Notwithstanding paragraph (c), if a prescribing
 1821  practitioner has violated paragraph (a) and received $1,000 or
 1822  more in payment for writing one or more prescriptions or, in the
 1823  case of a prescription written for a controlled substance
 1824  described in s. 893.135, has written one or more prescriptions
 1825  for a quantity of a controlled substance which, individually or
 1826  in the aggregate, meets the threshold for the offense of
 1827  trafficking in a controlled substance under s. 893.15, the
 1828  violation is reclassified as a felony of the second degree and
 1829  ranked in level 4 of the Criminal Punishment Code.
 1830         Section 25. Present subsections (3) through (10) of section
 1831  893.138, Florida Statutes, are redesignated as subsections (4)
 1832  through (11), respectively, and a new subsection (3) is added to
 1833  that section, to read:
 1834         893.138 Local administrative action to abate drug-related,
 1835  prostitution-related, or stolen-property-related public
 1836  nuisances and criminal gang activity.—
 1837         (3) Any pain-management clinic, as described in s. 458.3265
 1838  or s. 459.0137, which has been used on more than two occasions
 1839  within a 6-month period as the site of a violation of:
 1840         (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
 1841  relating to assault and battery;
 1842         (b) Section 810.02, relating to burglary;
 1843         (c) Section 812.014, relating to dealing in theft;
 1844         (d) Section 812.131, relating to robbery by sudden
 1845  snatching; or
 1846         (e) Section 893.13, relating to the unlawful distribution
 1847  of controlled substances,
 1848  
 1849  may be declared to be a public nuisance, and such nuisance may
 1850  be abated pursuant to the procedures provided in this section.
 1851         Section 26. This act shall take effect October 1, 2011.