CS for CS for SB 818                             First Engrossed
       
       
       
       
       
       
       
       
       2011818e1
       
    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 for 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; providing penalties; amending
   30         s. 458.3191, F.S.; revising the information in the
   31         physician survey that is submitted by persons who
   32         apply for licensure renewal as a physician under ch.
   33         458 or ch. 459, F.S.; amending s. 458.3192, F.S.;
   34         requiring the Department of Health to provide
   35         nonidentifying information to the prescription drug
   36         monitoring program’s Implementation and Oversight Task
   37         Force regarding the number of physicians that are
   38         registered with the prescription drug monitoring
   39         program and that use the database from the program in
   40         their practice; amending s. 458.3265, F.S.; redefining
   41         the term “pain-management clinic” and defining the
   42         term “chronic nonmalignant pain”; revising the list of
   43         entities that are not required to register as a pain
   44         management clinic; authorizing the department to
   45         revoke the certificate of registration of a pain
   46         management clinic based upon a finding by a probable
   47         cause panel of a board that the clinic does not meet
   48         certain requirements; authorizing the department to
   49         revoke a clinic’s certificate of registration and
   50         prohibit all physicians associated with that clinic
   51         from practicing at that clinic location based upon an
   52         annual inspection and evaluation and upon a final
   53         determination by the probable cause panel of the
   54         appropriate board that any physician associated with
   55         that pain-management clinic knew or should have known
   56         of certain violations; prohibiting the department from
   57         revoking or suspending a clinic’s registration if the
   58         clinic appoints another designated physician;
   59         prohibiting persons owning or operating a pain
   60         management clinic that has a revoked registration from
   61         applying to operate another pain-management clinic
   62         within a specified number of years upon a finding by
   63         the probable cause panel of the appropriate board, and
   64         an opportunity to be heard, that the persons operating
   65         such clinic knew or should have known of violations
   66         causing such revocation; deleting certain requirements
   67         for a physician to practice medicine in a pain
   68         management clinic; requiring a physician, an advanced
   69         registered nurse practitioner, or a physician
   70         assistant to perform an appropriate medical
   71         examination of a patient on the same day that the
   72         physician dispenses or prescribes a controlled
   73         substance to the patient at a pain-management clinic;
   74         requiring a physician who works in a pain-management
   75         clinic to document the reason a prescription for a
   76         certain dosage of a controlled substance is within the
   77         proper standard of care; creating a felony of the
   78         third degree for any person to register or attempt to
   79         register a pain-management clinic through
   80         misrepresentation or fraud; amending s. 458.327, F.S.;
   81         providing additional penalties; amending s. 458.331,
   82         F.S.; providing additional grounds for disciplinary
   83         action by the Board of Medicine; amending s. 459.003,
   84         F.S.; defining the term “dispensing physician” as it
   85         relates to the practice of osteopathic medicine in
   86         this state; amending s. 459.0081, F.S.; revising the
   87         information that must be furnished in a physician
   88         survey to the Department of Health in order to renew a
   89         license to practice osteopathic medicine; amending s.
   90         459.0082, F.S.; requiring the department to provide
   91         certain nonidentifying information to the
   92         Implementation and Oversight Task Force of the
   93         prescription drug monitoring program; amending s.
   94         459.013, F.S.; providing additional penalties;
   95         amending s. 459.0137, F.S.; redefining the term “pain
   96         management clinic” and defining the term “chronic
   97         nonmalignant pain”; providing an exemption from the
   98         requirement that all privately owned pain-management
   99         clinics, facilities, or offices that advertise in any
  100         medium for any type of pain-management services, or
  101         employ an osteopathic physician who is primarily
  102         engaged in the treatment of pain by prescribing or
  103         dispensing controlled substance medications, must
  104         register with the Department of Health; authorizing
  105         the department to revoke the certificate of
  106         registration of a pain-management clinic based upon a
  107         finding by a probable cause panel of a board that the
  108         clinic does not meet certain requirements; authorizing
  109         the department to revoke a clinic’s certificate of
  110         registration and prohibit all physicians associated
  111         with that clinic from practicing at that clinic
  112         location based upon an annual inspection and
  113         evaluation and upon a final determination by the
  114         probable cause panel of the appropriate board that any
  115         physician associated with that pain-management clinic
  116         knew or should have known of certain violations;
  117         prohibiting the department from revoking or suspending
  118         a clinic’s registration if the clinic appoints another
  119         designated physician; prohibiting persons owning or
  120         operating a pain-management clinic that has a revoked
  121         registration from applying to operate another pain
  122         management clinic within a specified number of years
  123         upon a finding by the probable cause panel of the
  124         appropriate board, and an opportunity to be heard,
  125         when the persons operating such clinic knew or should
  126         have known of violations causing such revocation;
  127         revising the responsibilities of an osteopathic
  128         physician who provides professional services in a
  129         pain-management clinic; requiring an osteopathic
  130         physician, an advanced registered nurse practitioner,
  131         or a physician assistant to perform an appropriate
  132         medical examination of a patient on the same day that
  133         the physician dispenses or prescribes a controlled
  134         substance to the patient at a pain-management clinic;
  135         requiring an osteopathic physician who works in a
  136         pain-management clinic to document the reason a
  137         prescription for a certain dosage of a controlled
  138         substance is within the proper standard of care;
  139         creating a felony of the third degree for a licensee
  140         or other person who serves as the designated physician
  141         of a pain-management clinic to register a pain
  142         management clinic through misrepresentation or fraud;
  143         amending s. 459.015, F.S.; providing additional
  144         grounds for disciplinary action by the Board of
  145         Osteopathic Medicine; amending s. 465.015, F.S.;
  146         prohibiting a licensed pharmacist from knowingly
  147         failing to report to the local county sheriff’s office
  148         the commission of a felony involving a person who
  149         acquires or obtains possession of a controlled
  150         substance by misrepresentation, fraud, forgery,
  151         deception, or subterfuge under certain conditions;
  152         providing penalties; providing suggested criteria for
  153         reporting the commission of a felony that involves a
  154         person who acquires or obtains possession of a
  155         controlled substance by misrepresentation, fraud,
  156         forgery, deception, or subterfuge; providing that a
  157         licensed pharmacist is not subject to disciplinary
  158         action for reporting; amending s. 465.0276, F.S.;
  159         requiring a practitioner to register as a dispensing
  160         practitioner in order to dispense controlled
  161         substances; amending s. 499.01, F.S.; authorizing
  162         certain business entities to pay for prescription
  163         drugs obtained by practitioners licensed under ch.
  164         466, F.S.; amending s. 766.101, F.S.; conforming a
  165         cross-reference; amending s. 810.02, F.S.; redefining
  166         the offense of burglary to include the theft of a
  167         controlled substance within a structure or conveyance;
  168         amending s. 812.014, F.S.; redefining the offense of
  169         theft to include the theft of a controlled substance;
  170         creating s. 893.021, F.S.; providing conditions in
  171         which a drug is considered adulterated; providing that
  172         a physician is not prevented from directing or
  173         prescribing a change to the recognized manufactured
  174         recommendations for use of any controlled substance
  175         for a patient under certain circumstances; requiring a
  176         prescribing physician to indicate on the original
  177         prescription any deviation of the recognized
  178         manufacturer’s recommended use of a controlled
  179         substance; requiring a pharmacist or physician to
  180         indicate such deviation on the label of the
  181         prescription upon dispensing; amending s. 893.04,
  182         F.S.; revising the required information that must
  183         appear on the face of a prescription or written record
  184         of a controlled substance before it is dispensed by a
  185         pharmacist; amending s. 893.055, F.S.; requiring that
  186         the prescription drug monitoring program comply with
  187         the minimum requirements established by the Department
  188         of Health; requiring the Department of Health to
  189         establish a method to allow corrections to the
  190         database of the prescription drug monitoring program;
  191         requiring the number of refills ordered and whether
  192         the drug was dispensed as a refill or a first-time
  193         request to be included in the database of the
  194         prescription drug monitoring program; revising the
  195         number of days in which a dispensed controlled
  196         substance must be reported to the department through
  197         the prescription drug monitoring program; revising the
  198         list of acts of dispensing or administering which are
  199         exempt from reporting; requiring a pharmacy,
  200         prescriber, practitioner, or dispenser to register
  201         with the department by submitting a registering
  202         document in order to have access to certain
  203         information in the prescription drug monitoring
  204         program’s database; requiring the department to
  205         approve the registering document before granting
  206         access to information in the prescription drug
  207         monitoring program’s database; requiring criminal
  208         background screening for those persons who have direct
  209         access to the prescription drug monitoring program’s
  210         database; authorizing the Attorney General to obtain
  211         confidential and exempt information for Medicaid fraud
  212         cases and Medicaid investigations; requiring certain
  213         documentation to be provided to the program manager in
  214         order to release confidential and exempt information
  215         from the prescription drug monitoring program’s
  216         database to a patient, legal guardian, or a designated
  217         health care surrogate; authorizing the Agency for
  218         Health Care Administration to obtain confidential and
  219         exempt information from the prescription drug
  220         monitoring program’s database for Medicaid fraud cases
  221         and Medicaid investigations involving controlled
  222         substances; deleting a provision requiring that
  223         administrative costs of the prescription drug
  224         monitoring program be funded through federal grants
  225         and private sources; requiring the State Surgeon
  226         General to enter into reciprocal agreements for the
  227         sharing of information in the prescription drug
  228         monitoring program with other states that have a
  229         similar prescription drug monitoring program;
  230         requiring the State Surgeon General to annually review
  231         a reciprocal agreement to determine its compatibility;
  232         providing requirements for compatibility; prohibiting
  233         the sharing of certain information; providing an
  234         appropriation; amending s. 893.0551, F.S.; requiring
  235         the Department of Health to disclose confidential and
  236         exempt information pertaining to the prescription drug
  237         monitoring program to the Attorney General and
  238         designee when working on Medicaid fraud cases and
  239         Medicaid investigations involving prescribed
  240         controlled substances or when the Attorney General has
  241         initiated a review of specific identifiers that
  242         warrant a Medicaid investigation regarding prescribed
  243         controlled substances; prohibiting the Attorney
  244         General’s Medicaid investigators from direct access to
  245         the prescription drug monitoring program’s database;
  246         authorizing the Department of Health to disclose
  247         certain confidential and exempt information in the
  248         prescription drug monitoring program’s database under
  249         certain circumstances involving reciprocal agreements
  250         with other states; prohibiting the sharing of
  251         information from the prescription drug monitoring
  252         program’s database which is not for the purpose that
  253         is statutorily authorized or according to the State
  254         Surgeon General’s determination of compatibility;
  255         amending s. 893.07, F.S.; requiring that a person
  256         report to the local sheriff’s office the theft or
  257         significant loss of a controlled substance within a
  258         specified time; providing penalties; providing
  259         legislative intent; amending s. 893.13, F.S.;
  260         prohibiting a person from obtaining or attempting to
  261         obtain from a practitioner a controlled substance or a
  262         prescription for a controlled substance by
  263         misrepresentation, fraud, forgery, deception,
  264         subterfuge, or concealment of a material fact;
  265         prohibiting a health care provider from providing a
  266         controlled substance or a prescription for a
  267         controlled substance by misrepresentation, fraud,
  268         forgery, deception, subterfuge, or concealment of a
  269         material fact; prohibiting a person from adulterating
  270         a controlled substance for certain use without
  271         authorization by a prescribing physician; authorizing
  272         a law enforcement officer to seize as evidence the
  273         adulteration or off-label use of a prescribed
  274         controlled substance; providing that such adulterated
  275         or off-label use of the controlled substance may be
  276         returned to its owner only under certain conditions;
  277         providing penalties; prohibiting a prescribing
  278         practitioner from writing a prescription for a
  279         controlled substance and authorizing or directing the
  280         adulteration of the dispensed form of the controlled
  281         substance for the purpose of ingestion by means not
  282         medically necessary; amending s. 893.138, F.S.;
  283         providing circumstances in which a pain-management
  284         clinic may be declared a public nuisance; amending s.
  285         465.025, F.S.; requiring the Board of Pharmacy to
  286         create a list of opioid analgesic drugs; providing
  287         requirements for the list of opioid analgesic drugs;
  288         prohibiting a pharmacist from substituting an opioid
  289         analgesic drug for an opioid analgesic drug that
  290         incorporates a tamper-resistant technology; providing
  291         an effective date.
  292  
  293  Be It Enacted by the Legislature of the State of Florida:
  294  
  295         Section 1. Subsections (4) and (7) of section 400.9905,
  296  Florida Statutes, are amended to read:
  297         400.9905 Definitions.—
  298         (4) “Clinic” means an entity at which health care services
  299  are provided to individuals and which tenders charges for
  300  reimbursement or payment for such services, including a mobile
  301  clinic and a portable equipment provider. For purposes of this
  302  part, the term does not include and the licensure requirements
  303  of this part do not apply to:
  304         (a) Entities licensed or registered by the state under
  305  chapter 395; or entities licensed or registered by the state and
  306  providing only health care services within the scope of services
  307  authorized under their respective licenses granted under ss.
  308  383.30-383.335, chapter 390, chapter 394, chapter 397, this
  309  chapter except part X, chapter 429, chapter 463, chapter 465,
  310  chapter 466, chapter 478, part I of chapter 483, chapter 484, or
  311  chapter 651; end-stage renal disease providers authorized under
  312  42 C.F.R. part 405, subpart U; or providers certified under 42
  313  C.F.R. part 485, subpart B or subpart H; or any entity that
  314  provides neonatal or pediatric hospital-based health care
  315  services or other health care services by licensed practitioners
  316  solely within a hospital licensed under chapter 395.
  317         (b) Entities that own, directly or indirectly, entities
  318  licensed or registered by the state pursuant to chapter 395; or
  319  entities that own, directly or indirectly, entities licensed or
  320  registered by the state and providing only health care services
  321  within the scope of services authorized pursuant to their
  322  respective licenses granted under ss. 383.30-383.335, chapter
  323  390, chapter 394, chapter 397, this chapter except part X,
  324  chapter 429, chapter 463, chapter 465, chapter 466, chapter 478,
  325  part I of chapter 483, chapter 484, chapter 651; end-stage renal
  326  disease providers authorized under 42 C.F.R. part 405, subpart
  327  U; or providers certified under 42 C.F.R. part 485, subpart B or
  328  subpart H; or any entity that provides neonatal or pediatric
  329  hospital-based health care services by licensed practitioners
  330  solely within a hospital licensed under chapter 395.
  331         (c) Entities that are owned, directly or indirectly, by an
  332  entity licensed or registered by the state pursuant to chapter
  333  395; or entities that are owned, directly or indirectly, by an
  334  entity licensed or registered by the state and providing only
  335  health care services within the scope of services authorized
  336  pursuant to their respective licenses granted under ss. 383.30
  337  383.335, chapter 390, chapter 394, chapter 397, this chapter
  338  except part X, chapter 429, chapter 463, chapter 465, chapter
  339  466, chapter 478, part I of chapter 483, chapter 484, or chapter
  340  651; end-stage renal disease providers authorized under 42
  341  C.F.R. part 405, subpart U; or providers certified under 42
  342  C.F.R. part 485, subpart B or subpart H; or any entity that
  343  provides neonatal or pediatric hospital-based health care
  344  services by licensed practitioners solely within a hospital
  345  under chapter 395.
  346         (d) Entities that are under common ownership, directly or
  347  indirectly, with an entity licensed or registered by the state
  348  pursuant to chapter 395; or entities that are under common
  349  ownership, directly or indirectly, with an entity licensed or
  350  registered by the state and providing only health care services
  351  within the scope of services authorized pursuant to their
  352  respective licenses granted under ss. 383.30-383.335, chapter
  353  390, chapter 394, chapter 397, this chapter except part X,
  354  chapter 429, chapter 463, chapter 465, chapter 466, chapter 478,
  355  part I of chapter 483, chapter 484, or chapter 651; end-stage
  356  renal disease providers authorized under 42 C.F.R. part 405,
  357  subpart U; or providers certified under 42 C.F.R. part 485,
  358  subpart B or subpart H; or any entity that provides neonatal or
  359  pediatric hospital-based health care services by licensed
  360  practitioners solely within a hospital licensed under chapter
  361  395.
  362         (e) An entity that is exempt from federal taxation under 26
  363  U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
  364  under 26 U.S.C. s. 409 that has a board of trustees not less
  365  than two-thirds of which are Florida-licensed health care
  366  practitioners and provides only physical therapy services under
  367  physician orders, any community college or university clinic,
  368  and any entity owned or operated by the federal or state
  369  government, including agencies, subdivisions, or municipalities
  370  thereof.
  371         (f) A sole proprietorship, group practice, partnership, or
  372  corporation that provides health care services by physicians
  373  covered by s. 627.419, that is directly supervised by one or
  374  more of such physicians, and that is wholly owned by one or more
  375  of those physicians or by a physician and the spouse, parent,
  376  child, or sibling of that physician.
  377         (g) A sole proprietorship, group practice, partnership, or
  378  corporation that provides health care services by licensed
  379  health care practitioners under chapter 457, chapter 458,
  380  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
  381  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
  382  chapter 490, chapter 491, or part I, part III, part X, part
  383  XIII, or part XIV of chapter 468, or s. 464.012, which are
  384  wholly owned by one or more licensed health care practitioners,
  385  or the licensed health care practitioners set forth in this
  386  paragraph and the spouse, parent, child, or sibling of a
  387  licensed health care practitioner, so long as one of the owners
  388  who is a licensed health care practitioner is supervising the
  389  business activities and is legally responsible for the entity’s
  390  compliance with all federal and state laws. However, a health
  391  care practitioner may not supervise services beyond the scope of
  392  the practitioner’s license, except that, for the purposes of
  393  this part, a clinic owned by a licensee in s. 456.053(3)(b) that
  394  provides only services authorized pursuant to s. 456.053(3)(b)
  395  may be supervised by a licensee specified in s. 456.053(3)(b).
  396         (h) Clinical facilities affiliated with an accredited
  397  medical school at which training is provided for medical
  398  students, residents, or fellows.
  399         (i) Entities that provide only oncology or radiation
  400  therapy services by physicians licensed under chapter 458 or
  401  chapter 459 or entities that provide oncology or radiation
  402  therapy services by physicians licensed under chapter 458 or
  403  chapter 459 which are owned by a corporation whose shares are
  404  publicly traded on a recognized stock exchange.
  405         (j) Clinical facilities affiliated with a college of
  406  chiropractic accredited by the Council on Chiropractic Education
  407  at which training is provided for chiropractic students.
  408         (k) Entities that provide licensed practitioners to staff
  409  emergency departments or to deliver anesthesia services in
  410  facilities licensed under chapter 395 and that derive at least
  411  90 percent of their gross annual revenues from the provision of
  412  such services. Entities claiming an exemption from licensure
  413  under this paragraph must provide documentation demonstrating
  414  compliance.
  415         (l) Orthotic or prosthetic clinical facilities that are a
  416  publicly traded corporation or that are wholly owned, directly
  417  or indirectly, by a publicly traded corporation. As used in this
  418  paragraph, a publicly traded corporation is a corporation that
  419  issues securities traded on an exchange registered with the
  420  United States Securities and Exchange Commission as a national
  421  securities exchange.
  422         (7) “Portable equipment provider” means an entity that
  423  contracts with or employs persons to provide portable equipment
  424  to multiple locations performing treatment or diagnostic testing
  425  of individuals, that bills third-party payors for those
  426  services, and that otherwise meets the definition of a clinic in
  427  subsection (4).
  428         Section 2. Subsection (7) of section 456.013, Florida
  429  Statutes, is amended to read:
  430         456.013 Department; general licensing provisions.—
  431         (7)(a) The boards, or the department when there is no
  432  board, shall require the completion of a 2-hour course relating
  433  to prevention of medical errors as part of the licensure and
  434  renewal process. The 2-hour course counts shall count towards
  435  the total number of continuing education hours required for the
  436  profession. The board or department shall approve the course
  437  shall be approved by the board or department, as appropriate,
  438  which must and shall include a study of root-cause analysis,
  439  error reduction and prevention, and patient safety. In addition,
  440  the course approved by the Board of Medicine and the Board of
  441  Osteopathic Medicine must shall include information relating to
  442  the five most misdiagnosed conditions during the previous
  443  biennium, as determined by the board. If the course is being
  444  offered by a facility licensed under pursuant to chapter 395 for
  445  its employees, the board may approve up to 1 hour of the 2-hour
  446  course to be specifically related to error reduction and
  447  prevention methods used in that facility.
  448         (b) As a condition of initial licensure and at each
  449  subsequent license renewal, the boards, or the department if
  450  there is no board, shall allow each practitioner licensed under
  451  chapter 458, chapter 459, chapter 461, chapter 465, or chapter
  452  466 whose lawful scope of practice authorizes the practitioner
  453  to prescribe, administer, or dispense controlled substances to
  454  complete a 1-hour continuing education course relating to the
  455  prescription drug monitoring program. The course must include,
  456  but need not be limited to:
  457         1. The purpose of the prescription drug monitoring program.
  458         2. The practitioners’ capabilities for improving the
  459  standard of care for patients by using the prescription drug
  460  monitoring program.
  461         3. How the prescription drug monitoring program can help
  462  practitioners detect doctor shopping.
  463         4. The involvement of law enforcement personnel, the
  464  Attorney General’s Medicaid Fraud Unit, and medical regulatory
  465  investigators with the prescription drug monitoring program.
  466         5. The procedures for registering for access to the
  467  prescription drug monitoring program.
  468  
  469  The course hours may be included in the total number of hours of
  470  continuing education required by the profession and must be
  471  approved by the board or by the department if there is no board.
  472  The boards, or the department if there is no board, shall
  473  approve the course offered through a facility licensed under
  474  chapter 395 for its employees if the course is at least 3 hours
  475  and covers the education requirements.
  476         (c) The course requirements in paragraph (b) apply to each
  477  licensee renewing his or her license on or after July 1, 2012,
  478  and to each applicant approved for licensure on or after January
  479  1, 2013.
  480         (d) By October 1, 2011, the boards, or the department if
  481  there is no board, shall adopt rules as necessary to administer
  482  this subsection.
  483         Section 3. Section 458.305, Florida Statutes, is amended to
  484  read:
  485         458.305 Definitions.—As used in this chapter:
  486         (1) “Board” means the Board of Medicine.
  487         (2) “Department” means the Department of Health.
  488         (3) “Dispensing physician” means a physician who is
  489  registered as a dispensing practitioner under s. 465.0276.
  490         (4)(3) “Practice of medicine” means the diagnosis,
  491  treatment, operation, or prescription for any human disease,
  492  pain, injury, deformity, or other physical or mental condition.
  493         (5)(4) “Physician” means a person who is licensed to
  494  practice medicine in this state.
  495         Section 4. Advertising of controlled substances by a
  496  dispensing physician.—
  497         (1)(a) Only a dispensing physician licensed under chapter
  498  458 or chapter 459, Florida Statutes, may use the title
  499  “dispensing physician” or “dispenser” or otherwise lead the
  500  public to believe that he or she is engaged in the dispensing of
  501  controlled substances.
  502         (b) A person, other than an owner of a:
  503         1. Pain-management clinic registered under chapter 458 or
  504  chapter 459, Florida Statutes; or
  505         2. Health clinic licensed under chapter 400, Florida
  506  Statutes,
  507  
  508  may not display any sign or take any other action that would
  509  lead the public to believe that such person is engaged in the
  510  business of dispensing a controlled substance. Any advertisement
  511  that states “dispensing onsite” or “onsite pharmacy” violates
  512  this paragraph. This paragraph does not preclude a person who is
  513  not licensed as a medical practitioner from owning a pain
  514  management clinic.
  515         (c) A person, firm, or corporation, unless licensed under
  516  chapter 465, Florida Statutes, may not use in a trade name,
  517  sign, letter, or advertisement any term, including “drug,”
  518  “pharmacy,” “onsite pharmacy,” “dispensing,” “dispensing
  519  onsite,” “prescription drugs,” “Rx,” or “apothecary,” which
  520  implies that the person, firm, or corporation is licensed or
  521  registered to dispense prescription drugs in this state.
  522         (2)A person who violates paragraph (1)(a) or paragraph
  523  (1)(b) commits a misdemeanor of the first degree, punishable as
  524  provided in s. 775.082 or s. 775.083, Florida Statutes. A person
  525  who violates paragraph (1)(c) commits a felony of the third
  526  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  527  775.084, Florida Statutes. In any warrant, information, or
  528  indictment, it is not necessary to negate any exceptions, and
  529  the burden of any exception is upon the defendant.
  530         Section 5. Paragraph (a) of subsection (1) of section
  531  458.3191, Florida Statutes, is amended to read:
  532         458.3191 Physician survey.—
  533         (1) Each person who applies for licensure renewal as a
  534  physician under this chapter or chapter 459 must, in conjunction
  535  with the renewal of such license under procedures adopted by the
  536  Department of Health and in addition to any other information
  537  that may be required from the applicant, furnish the following
  538  to the Department of Health in a physician survey:
  539         (a) Licensee information, including, but not limited to:
  540         1. Frequency and geographic location of practice within the
  541  state.
  542         2. Practice setting.
  543         3. Percentage of time spent in direct patient care.
  544         4. Anticipated change to license or practice status.
  545         5. Areas of specialty or certification.
  546         6. Whether the department has ever approved or denied the
  547  physician’s registration for access to a patient’s information
  548  in the prescription drug monitoring program’s database.
  549         7. Whether the physician uses the prescription drug
  550  monitoring program with patients in his or her medical practice.
  551         Section 6. Subsection (3) is added to section 458.3192,
  552  Florida Statutes, to read:
  553         458.3192 Analysis of survey results; report.—
  554         (3) By November 1 each year, the Department of Health shall
  555  provide nonidentifying information to the prescription drug
  556  monitoring program’s Implementation and Oversight Task Force
  557  regarding the number of physicians who are registered with the
  558  prescription drug monitoring program and who also use the
  559  database from the prescription drug monitoring program for their
  560  patients in their medical practice.
  561         Section 7. Paragraphs (a), (f), (g), (h), and (k) of
  562  subsection (1) and paragraphs (a) and (c) of subsection (2) of
  563  section 458.3265, Florida Statutes, are amended, and paragraphs
  564  (f) and (g) are added to subsection (5) of that section, to
  565  read:
  566         458.3265 Pain-management clinics.—
  567         (1) REGISTRATION.—
  568         (a) “Pain-management clinic,” hereinafter referred to as
  569  “clinic,” means a publicly or privately owned facility where in
  570  any month a majority of patients are prescribed opioids,
  571  benzodiazepines, barbiturates, or carisoprodol, for the
  572  treatment of chronic nonmalignant pain. “Chronic nonmalignant
  573  pain” means pain unrelated to cancer or rheumatoid arthritis
  574  which persists beyond the usual course of disease or the injury
  575  that is the cause of the pain or more than 90 days after
  576  surgery. All privately owned pain-management clinics,
  577  facilities, or offices, hereinafter referred to as “clinics,”
  578  which advertise in any medium for any type of pain-management
  579  services, or employ a physician who is primarily engaged in the
  580  treatment of pain by prescribing or dispensing controlled
  581  substance medications, must register with the department unless:
  582         1. That clinic is licensed as a facility pursuant to
  583  chapter 395;
  584         2. The majority of the physicians who provide services in
  585  the clinic primarily provide surgical services or interventional
  586  pain procedures of the type routinely billed using surgical
  587  codes;
  588         3. The clinic is owned, directly or indirectly, by a
  589  publicly held corporation whose shares are traded on a national
  590  exchange or on the over-the-counter market and whose total
  591  assets at the end of the corporation’s most recent fiscal
  592  quarter exceeded $50 million;
  593         4. The clinic is affiliated with an accredited medical
  594  school at which training is provided for medical students,
  595  residents, or fellows;
  596         5. The clinic does not prescribe or dispense controlled
  597  substances for the treatment of pain; or
  598         6. The clinic is owned by a corporate entity exempt from
  599  federal taxation under 26 U.S.C. s. 501(c)(3).
  600         (f) If the department finds upon a hearing by the probable
  601  cause panel of the appropriate board that a pain-management
  602  clinic does not meet the requirement of paragraph (d) or is
  603  owned, directly or indirectly, by a person meeting any criteria
  604  listed in paragraph (e), the department shall revoke the
  605  certificate of registration previously issued by the department.
  606  As determined by rule, the department may grant an exemption to
  607  denying a registration or revoking a previously issued
  608  registration if more than 10 years have elapsed since
  609  adjudication. As used in this subsection, the term “convicted”
  610  includes an adjudication of guilt following a plea of guilty or
  611  nolo contendere or the forfeiture of a bond when charged with a
  612  crime.
  613         (g) The department may revoke the clinic’s certificate of
  614  registration and prohibit all physicians associated with that
  615  pain-management clinic from practicing at that clinic location
  616  based upon an annual inspection and evaluation of the factors
  617  described in subsection (3) and upon a final determination by
  618  the probable cause panel of the appropriate board that any
  619  physician associated with that pain-management clinic knew or
  620  should have known of any violations of the factors described in
  621  subsection (3).
  622         (h)1. If the registration of a pain-management clinic is
  623  revoked or suspended, the designated physician of the pain
  624  management clinic, the owner or lessor of the pain-management
  625  clinic property, the manager, and the proprietor shall cease to
  626  operate the facility as a pain-management clinic as of the
  627  effective date of the suspension or revocation.
  628         2. Notwithstanding subparagraph 1., the clinic’s
  629  registration shall not be revoked or suspended if the clinic,
  630  within 24 hours after notification of suspension or revocation,
  631  appoints another designated physician who has a full, active,
  632  and unencumbered license under this chapter or chapter 459 to
  633  operate a pain-management clinic.
  634         (k) If the clinic’s registration is revoked, any person
  635  named in the registration documents of the pain-management
  636  clinic, including persons owning or operating the pain
  637  management clinic, may not, as an individual or as a part of a
  638  group, apply to operate a pain-management clinic for 5 years
  639  after the date the registration is revoked upon a finding by the
  640  probable cause panel of the appropriate board, and an
  641  opportunity to be heard, that the persons operating such clinic
  642  knew or should have known of violations causing such revocation.
  643         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
  644  apply to any physician who provides professional services in a
  645  pain-management clinic that is required to be registered in
  646  subsection (1).
  647         (a) A physician may not practice medicine in a pain
  648  management clinic, as described in subsection (4), if:
  649         1. the pain-management clinic is not registered with the
  650  department as required by this section.; or
  651         2. Effective July 1, 2012, the physician has not
  652  successfully completed a pain-medicine fellowship that is
  653  accredited by the Accreditation Council for Graduate Medical
  654  Education or a pain-medicine residency that is accredited by the
  655  Accreditation Council for Graduate Medical Education or, prior
  656  to July 1, 2012, does not comply with rules adopted by the
  657  board.
  658  
  659  Any physician who qualifies to practice medicine in a pain
  660  management clinic pursuant to rules adopted by the Board of
  661  Medicine as of July 1, 2012, may continue to practice medicine
  662  in a pain-management clinic as long as the physician continues
  663  to meet the qualifications set forth in the board rules. A
  664  physician who violates this paragraph is subject to disciplinary
  665  action by his or her appropriate medical regulatory board.
  666         (c) A physician, an advanced registered nurse practitioner,
  667  or a physician assistant must perform an appropriate medical a
  668  physical examination of a patient on the same day that the
  669  physician he or she dispenses or prescribes a controlled
  670  substance to a patient at a pain-management clinic. If the
  671  physician prescribes or dispenses more than a 72-hour dose of
  672  controlled substances for the treatment of chronic nonmalignant
  673  pain, the physician must document in the patient’s record the
  674  reason such dosage is within the standard of care. For the
  675  purpose of this paragraph, the standard of care is set forth in
  676  rule 64B8-9.013(3), Florida Administrative Code for prescribing
  677  or dispensing that quantity.
  678         (5) PENALTIES; ENFORCEMENT.—
  679         (f) A licensee or other person who serves as the designated
  680  physician of a pain-management clinic as defined in this section
  681  or s. 459.0137 and registers a pain-management clinic through
  682  misrepresentation or fraud or procures or attempts to procure
  683  the registration of a pain-management clinic for any other
  684  person by making or causing to be made any false or fraudulent
  685  representation commits a felony of the third degree, punishable
  686  as provided in s. 775.082, s. 775.083, or s. 775.084.
  687         (g) Any person who registers a pain-management clinic
  688  through misrepresentation or fraud or who procures or attempts
  689  to procure the registration of a pain-management clinic for any
  690  other person by making or causing to be made any false or
  691  fraudulent representation, commits a felony of the third degree,
  692  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  693         Section 8. Paragraphs (f) and (g) are added to subsection
  694  (1), paragraphs (g) and (h) are added to subsection (2), and
  695  subsection (3) is added to section 458.327, Florida Statutes, to
  696  read:
  697         458.327 Penalty for violations.—
  698         (1) Each of the following acts constitutes a felony of the
  699  third degree, punishable as provided in s. 775.082, s. 775.083,
  700  or s. 775.084:
  701         (f)Failing to perform a physical examination of a patient
  702  by a physician or a licensed designee acting under the
  703  physician’s supervision on the same day that the treating
  704  physician dispenses or prescribes a controlled substance to the
  705  patient at a pain-management clinic occurring three or more
  706  times within a 6-month period, or failing to perform a physical
  707  examination on three or more different patients on the same day
  708  that the treating physician dispenses or prescribes a controlled
  709  substance to each patient at a pain-management clinic within a
  710  6-month period.
  711         (g)Prescribing or dispensing in excess of a 72-hour dose
  712  of controlled substances at a pain-management clinic for the
  713  treatment of chronic nonmalignant pain of a patient occurring
  714  three or more times within a 6-month period without documenting
  715  in the patient’s record the reason that such dosage is within
  716  the standard of care. For the purpose of this paragraph, the
  717  standard of care is set forth in rule 64B8-9.013(3), Florida
  718  Administrative Code.
  719         (2) Each of the following acts constitutes a misdemeanor of
  720  the first degree, punishable as provided in s. 775.082 or s.
  721  775.083:
  722         (g) Failing to perform a physical examination of a patient
  723  on the same day that the treating physician dispenses or
  724  prescribes a controlled substance to the patient at a pain
  725  management clinic two times in a 6-month period, or failing to
  726  perform a physical examination on two different patients on the
  727  same day that the treating physician dispenses or prescribes a
  728  controlled substance to each patient at a pain-management clinic
  729  within a 6-month period.
  730         (h) Prescribing or dispensing in excess of a 72-hour dose
  731  of controlled substances at a pain-management clinic for the
  732  treatment of chronic nonmalignant pain of a patient occurring
  733  two times within a 6-month period without documenting in the
  734  patient’s record the reason that such dosage is within the
  735  standard of care. For the purpose of this paragraph, the
  736  standard of care is set forth in rule 64B8-9.013(3), Florida
  737  Administrative Code.
  738         (3) Each of the following acts constitutes a misdemeanor of
  739  the second degree, punishable as provided in s. 775.082 or s.
  740  775.083:
  741         (a) A first offense of failing to perform a physical
  742  examination of a patient on the same day that the treating
  743  physician dispenses or prescribes a controlled substance to the
  744  patient at a pain-management clinic.
  745         (b) A first offense of failing to document in a patient’s
  746  record the reason that such dosage is within the standard of
  747  care for prescribing or dispensing in excess of a 72-hour dose
  748  of controlled substances at a pain-management clinic for the
  749  treatment of chronic nonmalignant pain.
  750         Section 9. Subsection (11) is added to section 458.331,
  751  Florida Statutes, to read:
  752         458.331 Grounds for disciplinary action; action by the
  753  board and department.—
  754         (11) Notwithstanding subsection (2), upon finding that a
  755  physician has prescribed or dispensed, or caused to be
  756  prescribed or dispensed, a controlled substance in a pain
  757  management clinic in a manner that violates the standard of
  758  practice as set forth in this chapter or rules adopted pursuant
  759  to this chapter, the board shall, at a minimum, suspend the
  760  physician’s license for at least 6 months and impose a fine of
  761  at least $10,000 per count. Repeated violations shall result in
  762  increased penalties.
  763         Section 10. Present subsections (3), (4), and (5) of
  764  section 459.003, Florida Statutes, are redesignated as
  765  subsections (4), (5), and (6), respectively, and a new
  766  subsection (3) is added to that section, to read:
  767         459.003 Definitions.—As used in this chapter:
  768         (3) “Dispensing physician” means an osteopathic physician
  769  who is registered as a dispensing practitioner under s.
  770  465.0276.
  771         Section 11. Paragraph (a) of subsection (1) of section
  772  459.0081, Florida Statutes, is amended to read:
  773         459.0081 Physician survey.—
  774         (1) Each person who applies for licensure renewal as a
  775  physician under chapter 458 or this chapter must, in conjunction
  776  with the renewal of such license under procedures adopted by the
  777  Department of Health and in addition to any other information
  778  that may be required from the applicant, furnish the following
  779  to the Department of Health in a physician survey:
  780         (a) Licensee information, including, but not limited to:
  781         1. Frequency and geographic location of practice within the
  782  state.
  783         2. Practice setting.
  784         3. Percentage of time spent in direct patient care.
  785         4. Anticipated change to license or practice status.
  786         5. Areas of specialty or certification.
  787         6. Whether the department has ever approved or denied the
  788  physician’s registration for access to a patient’s information
  789  in the database of the prescription drug monitoring program.
  790         7. Whether the physician uses the prescription drug
  791  monitoring program with patients in his or her medical practice.
  792         Section 12. Subsection (3) is added to section 459.0082,
  793  Florida Statutes, to read:
  794         459.0082 Analysis of survey results; report.—
  795         (3) By November 1 of each year, the Department of Health
  796  shall provide nonidentifying information to the Implementation
  797  and Oversight Task Force of the prescription drug monitoring
  798  program regarding the number of physicians who are registered
  799  with the prescription drug monitoring program and who also use
  800  the database from the prescription drug monitoring program for
  801  their patients in their medical practice.
  802         Section 13. Paragraphs (f) and (g) are added to subsection
  803  (1), paragraphs (e) and (f) are added to subsection (2), and
  804  paragraphs (d) and (e) are added to subsection (3) of section
  805  459.013, Florida Statutes, to read:
  806         459.013 Penalty for violations.—
  807         (1) Each of the following acts constitutes a felony of the
  808  third degree, punishable as provided in s. 775.082, s. 775.083,
  809  or s. 775.084:
  810         (f) Failing to perform a physical examination of a patient
  811  on the same day that the osteopathic physician dispenses or
  812  prescribes a controlled substance to the patient at a pain
  813  management clinic occurring three or more times within a 6-month
  814  period, or failing to perform a physical examination on three or
  815  more different patients on the same day that the osteopathic
  816  physician dispenses or prescribes a controlled substance to each
  817  patient at a pain-management clinic within a 6-month period.
  818         (g) Prescribing or dispensing in excess of a 72-hour dose
  819  of controlled substances at a pain-management clinic for the
  820  treatment of chronic nonmalignant pain of a patient occurring
  821  three or more times within a 6-month period without documenting
  822  in the patient’s record the reason that such dosage is within
  823  the standard of care. For the purpose of this paragraph, the
  824  standard of care is set forth in rule 64B15-14.005(3), Florida
  825  Administrative Code.
  826         (2) Each of the following acts constitutes a misdemeanor of
  827  the first degree, punishable as provided in s. 775.082 or s.
  828  775.083:
  829         (e) Failing to perform a physical examination of a patient
  830  on the same day that the osteopathic physician dispenses or
  831  prescribes a controlled substance to the patient at a pain
  832  management clinic occurring two times within a 6-month period,
  833  or failing to perform a physical examination on two different
  834  patients on the same day that the osteopathic physician
  835  dispenses or prescribes a controlled substance to each patient
  836  at a pain-management clinic within a 6-month period.
  837         (f) Prescribing or dispensing in excess of a 72-hour dose
  838  of controlled substances at a pain-management clinic for the
  839  treatment of chronic nonmalignant pain of a patient occurring
  840  two times within a 6-month period without documenting in the
  841  patient’s record the reason that such dosage is within the
  842  standard of care. For the purpose of this paragraph, the
  843  standard of care is set forth in rule 64B15-14.005(3), Florida
  844  Administrative Code.
  845         (3) Each of the following constitutes a misdemeanor of the
  846  second degree, punishable as provided in s. 775.082 or s.
  847  775.083:
  848         (d) A first offense of failing to perform a physical
  849  examination of a patient on the same day that the osteopathic
  850  physician dispenses or prescribes a controlled substance to the
  851  patient at a pain-management clinic.
  852         (e) A first offense of failing to document in a patient’s
  853  record the reason that such dosage is within the standard of
  854  care for prescribing or dispensing in excess of a 72-hour dose
  855  of controlled substances at a pain-management clinic for the
  856  treatment of chronic nonmalignant pain. For the purpose of this
  857  paragraph, the standard of care is set forth in rule 64B15
  858  14.005(3), Florida Administrative Code.
  859         Section 14. Paragraphs (a), (f), (g), (h), and (k) of
  860  subsection (1) and paragraphs (a) and (c) of subsection (2) of
  861  section 459.0137, Florida Statutes, are amended, and paragraphs
  862  (f) and (g) are added to subsection (5) of that section, to
  863  read:
  864         459.0137 Pain-management clinics.—
  865         (1) REGISTRATION.—
  866         (a) “Pain-management clinic,” hereinafter referred to as
  867  “clinic,” means a publicly or privately owned facility where in
  868  any month a majority of patients are prescribed opioids,
  869  benzodiazepines, barbiturates, or carisoprodol for the treatment
  870  of chronic nonmalignant pain. “Chronic nonmalignant pain” means
  871  pain unrelated to cancer or rheumatoid arthritis which persists
  872  beyond the usual course of a disease or the injury that is the
  873  cause of the pain or more than 90 days after surgery. All
  874  privately owned pain-management clinics, facilities, or offices,
  875  hereinafter referred to as “clinics,” which advertise in any
  876  medium for any type of pain-management services, or employ an
  877  osteopathic physician who is primarily engaged in the treatment
  878  of pain by prescribing or dispensing controlled substance
  879  medications, must register with the department unless:
  880         1. That clinic is licensed as a facility pursuant to
  881  chapter 395;
  882         2. The majority of the physicians who provide services in
  883  the clinic primarily provide surgical services or interventional
  884  pain procedures of the type routinely billed using surgical
  885  codes;
  886         3. The clinic is owned by a publicly held corporation whose
  887  shares are traded on a national exchange or on the over-the
  888  counter market and whose total assets at the end of the
  889  corporation’s most recent fiscal quarter exceeded $50 million;
  890         4. The clinic is affiliated with an accredited medical
  891  school at which training is provided for medical students,
  892  residents, or fellows;
  893         5. The clinic does not prescribe or dispense controlled
  894  substances for the treatment of pain; or
  895         6. The clinic is owned by a corporate entity exempt from
  896  federal taxation under 26 U.S.C. s. 501(c)(3).
  897         (f) If the department finds upon a hearing by the probable
  898  cause panel of the appropriate board that a pain-management
  899  clinic does not meet the requirement of paragraph (d) or is
  900  owned, directly or indirectly, by a person meeting any criteria
  901  listed in paragraph (e), the department shall revoke the
  902  certificate of registration previously issued by the department.
  903  As determined by rule, the department may grant an exemption to
  904  denying a registration or revoking a previously issued
  905  registration if more than 10 years have elapsed since
  906  adjudication. As used in this subsection, the term “convicted”
  907  includes an adjudication of guilt following a plea of guilty or
  908  nolo contendere or the forfeiture of a bond when charged with a
  909  crime.
  910         (g) The department may revoke the clinic’s certificate of
  911  registration and prohibit all physicians associated with that
  912  pain-management clinic from practicing at that clinic location
  913  based upon an annual inspection and evaluation of the factors
  914  described in subsection (3) and upon a final determination by
  915  the probable cause panel of the appropriate board that any
  916  physician associated with that pain-management clinic knew or
  917  should have known of any violations of the factors described in
  918  subsection (3).
  919         (h)1. If the registration of a pain-management clinic is
  920  revoked or suspended, the designated physician of the pain
  921  management clinic, the owner or lessor of the pain-management
  922  clinic property, the manager, and the proprietor shall cease to
  923  operate the facility as a pain-management clinic as of the
  924  effective date of the suspension or revocation.
  925         2. Notwithstanding subparagraph 1., the clinic’s
  926  registration shall not be revoked or suspended if the clinic,
  927  within 24 hours after notification of suspension or revocation,
  928  appoints another designated physician who has a full, active,
  929  and unencumbered license under this chapter or chapter 458 to
  930  operate a pain-management clinic.
  931         (k) If the clinic’s registration is revoked, any person
  932  named in the registration documents of the pain-management
  933  clinic, including persons owning or operating the pain
  934  management clinic, may not, as an individual or as a part of a
  935  group, make application for a permit to operate a pain
  936  management clinic for 5 years after the date the registration is
  937  revoked upon a finding by the probable cause panel of the
  938  appropriate board, and an opportunity to be heard, that the
  939  persons operating such clinic knew or should have known of
  940  violations causing such revocation.
  941         (2) PHYSICIAN RESPONSIBILITIES.—These responsibilities
  942  apply to any osteopathic physician who provides professional
  943  services in a pain-management clinic that is required to be
  944  registered in subsection (1).
  945         (a) An osteopathic physician may not practice medicine in a
  946  pain-management clinic, as described in subsection (4), if:
  947         1. The pain-management clinic is not registered with the
  948  department as required by this section.; or
  949         2. Effective July 1, 2012, the physician has not
  950  successfully completed a pain-medicine fellowship that is
  951  accredited by the Accreditation Council for Graduate Medical
  952  Education or the American Osteopathic Association or a pain
  953  medicine residency that is accredited by the Accreditation
  954  Council for Graduate Medical Education or the American
  955  Osteopathic Association or, prior to July 1, 2012, does not
  956  comply with rules adopted by the board.
  957  
  958  Any physician who qualifies to practice medicine in a pain
  959  management clinic pursuant to rules adopted by the Board of
  960  Osteopathic Medicine as of July 1, 2012, may continue to
  961  practice medicine in a pain-management clinic as long as the
  962  physician continues to meet the qualifications set forth in the
  963  board rules. An osteopathic physician who violates this
  964  paragraph is subject to disciplinary action by his or her
  965  appropriate medical regulatory board.
  966         (c) An osteopathic physician, an advanced registered nurse
  967  practitioner, or a physician assistant must perform an
  968  appropriate medical a physical examination of a patient on the
  969  same day that the physician he or she dispenses or prescribes a
  970  controlled substance to a patient at a pain-management clinic.
  971  If the osteopathic physician prescribes or dispenses more than a
  972  72-hour dose of controlled substances for the treatment of
  973  chronic nonmalignant pain, the osteopathic physician must
  974  document in the patient’s record the reason for which
  975  prescribing or dispensing a dosage in excess of a 72-hour dose
  976  of controlled substances for the treatment of chronic
  977  nonmalignant pain is within the standard of care for prescribing
  978  or dispensing that quantity.
  979         (5) PENALTIES; ENFORCEMENT.—
  980         (f) A licensee or other person who serves as the designated
  981  physician of a pain-management clinic as defined in s. 458.3265
  982  or s. 459.0137 and registers a pain-management clinic through
  983  intentional misrepresentation or fraud or procures or attempts
  984  to procure the registration of a pain-management clinic for any
  985  other person by making or causing to be made any false or
  986  fraudulent representation commits a felony of the third degree,
  987  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  988         (g) Any person who registers a pain-management clinic
  989  through misrepresentation or fraud or who procures or attempts
  990  to procure the registration of a pain-management clinic for any
  991  other person by making or causing to be made any false or
  992  fraudulent representation, commits a felony of the third degree,
  993  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  994         Section 15. Subsection (11) is added to section 459.015,
  995  Florida Statutes, to read:
  996         459.015 Grounds for disciplinary action; action by the
  997  board and department.—
  998         (11) Notwithstanding subsection (2), upon finding that an
  999  osteopathic physician has prescribed or dispensed, or caused to
 1000  be prescribed or dispensed, a controlled substance in a pain
 1001  management clinic in a manner that violates the standard of
 1002  practice as set forth in this chapter or rules adopted pursuant
 1003  to this chapter, the board shall, at a minimum, suspend the
 1004  osteopathic physician’s license for at least 6 months and impose
 1005  a fine of at least $10,000 per count. Repeated violations shall
 1006  result in increased penalties.
 1007         Section 16. Present subsections (3) and (4) of section
 1008  465.015, Florida Statutes, are renumbered as subsections (4) and
 1009  (5), respectively, and a new subsection (3) is added to that
 1010  section, to read:
 1011         465.015 Violations and penalties.—
 1012         (3)(a) A licensed pharmacist may not knowingly fail to
 1013  timely report to the local county sheriff’s office the name of
 1014  any person who obtains or attempts to obtain a substance
 1015  controlled by s. 893.03 which the licensed pharmacist knows or
 1016  reasonably should have known was obtained or attempted to be
 1017  obtained from the pharmacy through any fraudulent method or
 1018  representation. A licensed pharmacist who fails to make such a
 1019  report within 24 hours after learning of the fraud or attempted
 1020  fraud commits a misdemeanor of the first degree, punishable as
 1021  provided in s. 775.082 or s. 775.083.
 1022         (b) A sufficient report of the fraudulent obtaining of or
 1023  attempt to obtain a controlled substance under this subsection
 1024  may contain, at a minimum, a copy of the prescription used or
 1025  presented and a narrative, including all information available
 1026  to the pharmacy regarding:
 1027         1. The transaction, such as the name and telephone number
 1028  of the prescribing physician;
 1029         2. The name, description, and any personal identification
 1030  information pertaining to the person presenting the
 1031  prescription; and
 1032         3. All other material information, such as photographic or
 1033  video surveillance of the transaction.
 1034  
 1035  A licensed pharmacist is not subject to disciplinary action for
 1036  reporting under this subsection.
 1037         Section 17. Subsection (6) is added to section 465.0276,
 1038  Florida Statutes, to read:
 1039         465.0276 Dispensing practitioner.—
 1040         (6) In order to dispense a controlled substance listed in
 1041  Schedule II, Schedule III, or Schedule IV in s. 893.03, a
 1042  practitioner authorized by law to prescribe a controlled
 1043  substance shall register with the Board of Pharmacy as a
 1044  dispensing practitioner who dispenses controlled substances and
 1045  pay a fee not to exceed $100. The department shall adopt rules
 1046  establishing procedures for renewal of the registration every 4
 1047  years.
 1048         Section 18. Paragraph (t) of subsection (2) of section
 1049  499.01, Florida Statutes, is amended to read:
 1050         499.01 Permits.—
 1051         (2) The following permits are established:
 1052         (t) Health care clinic establishment permit.—Effective
 1053  January 1, 2009, a health care clinic establishment permit is
 1054  required for the purchase of a prescription drug by a place of
 1055  business at one general physical location that provides health
 1056  care or veterinary services, which is owned and operated by a
 1057  business entity that has been issued a federal employer tax
 1058  identification number. For the purpose of this paragraph, the
 1059  term “qualifying practitioner” means a licensed health care
 1060  practitioner defined in s. 456.001, or a veterinarian licensed
 1061  under chapter 474, who is authorized under the appropriate
 1062  practice act to prescribe and administer a prescription drug.
 1063         1. An establishment must provide, as part of the
 1064  application required under s. 499.012, designation of a
 1065  qualifying practitioner who will be responsible for complying
 1066  with all legal and regulatory requirements related to the
 1067  purchase, recordkeeping, storage, and handling of the
 1068  prescription drugs. In addition, the designated qualifying
 1069  practitioner shall be the practitioner whose name, establishment
 1070  address, and license number is used on all distribution
 1071  documents for prescription drugs purchased or returned by the
 1072  health care clinic establishment. Upon initial appointment of a
 1073  qualifying practitioner, the qualifying practitioner and the
 1074  health care clinic establishment shall notify the department on
 1075  a form furnished by the department within 10 days after such
 1076  employment. In addition, the qualifying practitioner and health
 1077  care clinic establishment shall notify the department within 10
 1078  days after any subsequent change.
 1079         2. The health care clinic establishment must employ a
 1080  qualifying practitioner at each establishment.
 1081         3. In addition to the remedies and penalties provided in
 1082  this part, a violation of this chapter by the health care clinic
 1083  establishment or qualifying practitioner constitutes grounds for
 1084  discipline of the qualifying practitioner by the appropriate
 1085  regulatory board.
 1086         4. The purchase of prescription drugs by the health care
 1087  clinic establishment is prohibited during any period of time
 1088  when the establishment does not comply with this paragraph.
 1089         5. A health care clinic establishment permit is not a
 1090  pharmacy permit or otherwise subject to chapter 465. A health
 1091  care clinic establishment that meets the criteria of a modified
 1092  Class II institutional pharmacy under s. 465.019 is not eligible
 1093  to be permitted under this paragraph.
 1094         6. This paragraph does not apply to the purchase of a
 1095  prescription drug by a licensed practitioner under his or her
 1096  license. A professional corporation or limited liability company
 1097  composed of dentists and operating as authorized in s. 466.0285
 1098  may pay for prescription drugs obtained by a practitioner
 1099  licensed under chapter 466, and the licensed practitioner is
 1100  deemed the purchaser and owner of the prescription drugs.
 1101         Section 19. Paragraph (a) of subsection (1) of section
 1102  766.101, Florida Statutes, is amended to read:
 1103         766.101 Medical review committee, immunity from liability.—
 1104         (1) As used in this section:
 1105         (a) The term “medical review committee” or “committee”
 1106  means:
 1107         1.a. A committee of a hospital or ambulatory surgical
 1108  center licensed under chapter 395 or a health maintenance
 1109  organization certificated under part I of chapter 641,
 1110         b. A committee of a physician-hospital organization, a
 1111  provider-sponsored organization, or an integrated delivery
 1112  system,
 1113         c. A committee of a state or local professional society of
 1114  health care providers,
 1115         d. A committee of a medical staff of a licensed hospital or
 1116  nursing home, provided the medical staff operates pursuant to
 1117  written bylaws that have been approved by the governing board of
 1118  the hospital or nursing home,
 1119         e. A committee of the Department of Corrections or the
 1120  Correctional Medical Authority as created under s. 945.602, or
 1121  employees, agents, or consultants of either the department or
 1122  the authority or both,
 1123         f. A committee of a professional service corporation formed
 1124  under chapter 621 or a corporation organized under chapter 607
 1125  or chapter 617, which is formed and operated for the practice of
 1126  medicine as defined in s. 458.305(4) s. 458.305(3), and which
 1127  has at least 25 health care providers who routinely provide
 1128  health care services directly to patients,
 1129         g. A committee of the Department of Children and Family
 1130  Services which includes employees, agents, or consultants to the
 1131  department as deemed necessary to provide peer review,
 1132  utilization review, and mortality review of treatment services
 1133  provided pursuant to chapters 394, 397, and 916,
 1134         h. A committee of a mental health treatment facility
 1135  licensed under chapter 394 or a community mental health center
 1136  as defined in s. 394.907, provided the quality assurance program
 1137  operates pursuant to the guidelines which have been approved by
 1138  the governing board of the agency,
 1139         i. A committee of a substance abuse treatment and education
 1140  prevention program licensed under chapter 397 provided the
 1141  quality assurance program operates pursuant to the guidelines
 1142  which have been approved by the governing board of the agency,
 1143         j. A peer review or utilization review committee organized
 1144  under chapter 440,
 1145         k. A committee of the Department of Health, a county health
 1146  department, healthy start coalition, or certified rural health
 1147  network, when reviewing quality of care, or employees of these
 1148  entities when reviewing mortality records, or
 1149         l. A continuous quality improvement committee of a pharmacy
 1150  licensed pursuant to chapter 465,
 1151  
 1152  which committee is formed to evaluate and improve the quality of
 1153  health care rendered by providers of health service, to
 1154  determine that health services rendered were professionally
 1155  indicated or were performed in compliance with the applicable
 1156  standard of care, or that the cost of health care rendered was
 1157  considered reasonable by the providers of professional health
 1158  services in the area; or
 1159         2. A committee of an insurer, self-insurer, or joint
 1160  underwriting association of medical malpractice insurance, or
 1161  other persons conducting review under s. 766.106.
 1162         Section 20. Subsection (3) of section 810.02, Florida
 1163  Statutes, is amended to read:
 1164         810.02 Burglary.—
 1165         (3) Burglary is a felony of the second degree, punishable
 1166  as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
 1167  course of committing the offense, the offender does not make an
 1168  assault or battery and is not and does not become armed with a
 1169  dangerous weapon or explosive, and the offender enters or
 1170  remains in a:
 1171         (a) Dwelling, and there is another person in the dwelling
 1172  at the time the offender enters or remains;
 1173         (b) Dwelling, and there is not another person in the
 1174  dwelling at the time the offender enters or remains;
 1175         (c) Structure, and there is another person in the structure
 1176  at the time the offender enters or remains;
 1177         (d) Conveyance, and there is another person in the
 1178  conveyance at the time the offender enters or remains; or
 1179         (e) Authorized emergency vehicle, as defined in s. 316.003;
 1180  or.
 1181         (f) Structure or conveyance when the offense intended to be
 1182  committed is theft of a substance controlled by s. 893.03.
 1183  Notwithstanding any contrary provisions of law, separate
 1184  judgments and sentences for burglary with the intent to commit
 1185  theft of a controlled substance under this paragraph and for any
 1186  applicable offense for possession of a controlled substance
 1187  under s. 893.13, or an offense for trafficking in a controlled
 1188  substance under s. 893.135, may be imposed if all such offenses
 1189  involve the same amount or amounts of a controlled substance.
 1190  
 1191  However, if the burglary is committed within a county that is
 1192  subject to a state of emergency declared by the Governor under
 1193  chapter 252 after the declaration of emergency is made and the
 1194  perpetration of the burglary is facilitated by conditions
 1195  arising from the emergency, the burglary is a felony of the
 1196  first degree, punishable as provided in s. 775.082, s. 775.083,
 1197  or s. 775.084. As used in this subsection, the term “conditions
 1198  arising from the emergency” means civil unrest, power outages,
 1199  curfews, voluntary or mandatory evacuations, or a reduction in
 1200  the presence of or response time for first responders or
 1201  homeland security personnel. A person arrested for committing a
 1202  burglary within a county that is subject to such a state of
 1203  emergency may not be released until the person appears before a
 1204  committing magistrate at a first appearance hearing. For
 1205  purposes of sentencing under chapter 921, a felony offense that
 1206  is reclassified under this subsection is ranked one level above
 1207  the ranking under s. 921.0022 or s. 921.0023 of the offense
 1208  committed.
 1209         Section 21. Paragraph (c) of subsection (2) of section
 1210  812.014, Florida Statutes, is amended to read:
 1211         812.014 Theft.—
 1212         (2)
 1213         (c) It is grand theft of the third degree and a felony of
 1214  the third degree, punishable as provided in s. 775.082, s.
 1215  775.083, or s. 775.084, if the property stolen is:
 1216         1. Valued at $300 or more, but less than $5,000.
 1217         2. Valued at $5,000 or more, but less than $10,000.
 1218         3. Valued at $10,000 or more, but less than $20,000.
 1219         4. A will, codicil, or other testamentary instrument.
 1220         5. A firearm.
 1221         6. A motor vehicle, except as provided in paragraph (a).
 1222         7. Any commercially farmed animal, including any animal of
 1223  the equine, bovine, or swine class, or other grazing animal, and
 1224  including aquaculture species raised at a certified aquaculture
 1225  facility. If the property stolen is aquaculture species raised
 1226  at a certified aquaculture facility, then a $10,000 fine shall
 1227  be imposed.
 1228         8. Any fire extinguisher.
 1229         9. Any amount of citrus fruit consisting of 2,000 or more
 1230  individual pieces of fruit.
 1231         10. Taken from a designated construction site identified by
 1232  the posting of a sign as provided for in s. 810.09(2)(d).
 1233         11. Any stop sign.
 1234         12. Anhydrous ammonia.
 1235         13. Any amount of a substance controlled by s. 893.03.
 1236  Notwithstanding any contrary provisions of law, separate
 1237  judgments and sentences for theft of a controlled substance
 1238  under this subparagraph, and for any applicable offense for
 1239  possession of a controlled substance under s. 893.13, or an
 1240  offense for trafficking in a controlled substance under s.
 1241  893.135 may be imposed if all such offenses involve the same
 1242  amount or amounts of controlled substance.
 1243  
 1244  However, if the property is stolen within a county that is
 1245  subject to a state of emergency declared by the Governor under
 1246  chapter 252, the property is stolen after the declaration of
 1247  emergency is made, and the perpetration of the theft is
 1248  facilitated by conditions arising from the emergency, the
 1249  offender commits a felony of the second degree, punishable as
 1250  provided in s. 775.082, s. 775.083, or s. 775.084, if the
 1251  property is valued at $5,000 or more, but less than $10,000, as
 1252  provided under subparagraph 2., or if the property is valued at
 1253  $10,000 or more, but less than $20,000, as provided under
 1254  subparagraph 3. As used in this paragraph, the term “conditions
 1255  arising from the emergency” means civil unrest, power outages,
 1256  curfews, voluntary or mandatory evacuations, or a reduction in
 1257  the presence of or the response time for first responders or
 1258  homeland security personnel. For purposes of sentencing under
 1259  chapter 921, a felony offense that is reclassified under this
 1260  paragraph is ranked one level above the ranking under s.
 1261  921.0022 or s. 921.0023 of the offense committed.
 1262         Section 22. Section 893.021, Florida Statutes, is created
 1263  to read:
 1264         893.021 Adulterated drug.—
 1265         (1) As used in this chapter, a drug is adulterated if it is
 1266  a controlled substance that:
 1267         (a) Has been produced, prepared, packed, and marketed for
 1268  oral consumption by the manufacturer; and
 1269         (b) Has had any change to its integrity or composition for
 1270  use by means of inhalation, injection, or any other form of
 1271  ingestion not in accordance with the manufacturer’s recommended
 1272  use, and such mode of use has not been previously directed and
 1273  approved by the prescribing physician.
 1274         (2) A physician is not prevented from directing or
 1275  prescribing a change to the recognized manufactured
 1276  recommendations for use in a patient who presents a medical need
 1277  for such a requirement change of any controlled substance. The
 1278  prescribing physician shall clearly indicate any deviation of
 1279  the recognized manufacturer’s recommended use of a controlled
 1280  substance on the original prescription, and the licensed
 1281  pharmacist shall clearly indicate such deviation on the label of
 1282  the prescription upon dispensing the controlled substance.
 1283         Section 23. Paragraphs (c), (d), and (e) of subsection (1)
 1284  of section 893.04, Florida Statutes, are amended to read:
 1285         893.04 Pharmacist and practitioner.—
 1286         (1) A pharmacist, in good faith and in the course of
 1287  professional practice only, may dispense controlled substances
 1288  upon a written or oral prescription of a practitioner, under the
 1289  following conditions:
 1290         (c) The following information must There shall appear on
 1291  the face of the prescription or written record of a thereof for
 1292  the controlled substance the following information:
 1293         1. The full name and address of the person for whom, or the
 1294  owner of the animal for which, the controlled substance is
 1295  dispensed.
 1296         2. The full name and address of the prescribing
 1297  practitioner and the practitioner’s federal controlled substance
 1298  registry number shall be printed thereon.
 1299         3. If the prescription is for an animal, the species of
 1300  animal for which the controlled substance is prescribed.
 1301         4. The name of the controlled substance prescribed and the
 1302  strength, quantity, and directions for use thereof. The
 1303  directions for use must specify the authorization by the
 1304  physician, any instructions requiring the adulteration of the
 1305  dispensed form of the medication, and the medical necessity for
 1306  the adulteration in accordance with s. 893.021.
 1307         5. The number of the prescription, as recorded in the
 1308  prescription files of the pharmacy in which it is filled.
 1309         6. The initials of the pharmacist filling the prescription
 1310  and the date filled.
 1311         (d) The prescription must shall be retained on file by the
 1312  proprietor of the pharmacy in which it is filled for a period of
 1313  2 years.
 1314         (e) A label bearing the following information must be
 1315  affixed to the original container in which a controlled
 1316  substance is delivered as upon a prescription or authorized
 1317  refill thereof, as hereinafter provided, there shall be a label
 1318  bearing the following information:
 1319         1. The name and address of the pharmacy from which such
 1320  controlled substance was dispensed.
 1321         2. The date on which the prescription for such controlled
 1322  substance was filled.
 1323         3. The number of such prescription, as recorded in the
 1324  prescription files of the pharmacy in which it is filled.
 1325         4. The name of the prescribing practitioner.
 1326         5. The name of the patient for whom, or of the owner and
 1327  species of the animal for which, the controlled substance is
 1328  prescribed.
 1329         6. The directions for the use of the controlled substance
 1330  prescribed in the prescription.
 1331         7. A clear, concise warning that it is a crime to transfer
 1332  the controlled substance to any person other than the patient
 1333  for whom prescribed.
 1334         Section 24. Section 893.055, Florida Statutes, is amended
 1335  to read:
 1336         893.055 Prescription drug monitoring program.—
 1337         (1) As used in this section, the term:
 1338         (a) “Patient advisory report” or “advisory report” means
 1339  information provided by the department in writing, or as
 1340  determined by the department, to a prescriber, dispenser,
 1341  pharmacy, or patient concerning the dispensing of controlled
 1342  substances. All advisory reports are for informational purposes
 1343  only and impose no obligations of any nature or any legal duty
 1344  on a prescriber, dispenser, pharmacy, or patient. The patient
 1345  advisory report shall be provided in accordance with s.
 1346  893.13(7)(a)8. The advisory reports issued by the department are
 1347  not subject to discovery or introduction into evidence in any
 1348  civil or administrative action against a prescriber, dispenser,
 1349  pharmacy, or patient arising out of matters that are the subject
 1350  of the report; and a person who participates in preparing,
 1351  reviewing, issuing, or any other activity related to an advisory
 1352  report may not be permitted or required to testify in any such
 1353  civil action as to any findings, recommendations, evaluations,
 1354  opinions, or other actions taken in connection with preparing,
 1355  reviewing, or issuing such a report.
 1356         (b) “Controlled substance” means a controlled substance
 1357  listed in Schedule II, Schedule III, or Schedule IV in s.
 1358  893.03.
 1359         (c) “Dispenser” means a pharmacy, dispensing pharmacist, or
 1360  dispensing health care practitioner.
 1361         (d) “Health care practitioner” or “practitioner” means any
 1362  practitioner who is subject to licensure or regulation by the
 1363  department under chapter 458, chapter 459, chapter 461, chapter
 1364  462, chapter 464, chapter 465, or chapter 466.
 1365         (e) “Health care regulatory board” means any board for a
 1366  practitioner or health care practitioner who is licensed or
 1367  regulated by the department.
 1368         (f) “Pharmacy” means any pharmacy that is subject to
 1369  licensure or regulation by the department under chapter 465 and
 1370  that dispenses or delivers a controlled substance to an
 1371  individual or address in this state.
 1372         (g) “Prescriber” means a prescribing physician, prescribing
 1373  practitioner, or other prescribing health care practitioner.
 1374         (h) “Active investigation” means an investigation that is
 1375  being conducted with a reasonable, good faith belief that it
 1376  could lead to the filing of administrative, civil, or criminal
 1377  proceedings, or that is ongoing and continuing and for which
 1378  there is a reasonable, good faith anticipation of securing an
 1379  arrest or prosecution in the foreseeable future.
 1380         (i) “Law enforcement agency” means the Department of Law
 1381  Enforcement, a Florida sheriff’s department, a Florida police
 1382  department, or a law enforcement agency of the Federal
 1383  Government which enforces the laws of this state or the United
 1384  States relating to controlled substances, and which its agents
 1385  and officers are empowered by law to conduct criminal
 1386  investigations and make arrests.
 1387         (j) “Program manager” means an employee of or a person
 1388  contracted by the Department of Health who is designated to
 1389  ensure the integrity of the prescription drug monitoring program
 1390  in accordance with the requirements established in paragraphs
 1391  (2)(a) and (b).
 1392         (2)(a) By December 1, 2010, the department shall design and
 1393  establish a comprehensive electronic database system that has
 1394  controlled substance prescriptions provided to it and that
 1395  provides prescription information to a patient’s health care
 1396  practitioner and pharmacist who inform the department that they
 1397  wish the patient advisory report provided to them. Otherwise,
 1398  the patient advisory report will not be sent to the
 1399  practitioner, pharmacy, or pharmacist. The system shall be
 1400  designed to provide information regarding dispensed
 1401  prescriptions of controlled substances and shall not infringe
 1402  upon the legitimate prescribing or dispensing of a controlled
 1403  substance by a prescriber or dispenser acting in good faith and
 1404  in the course of professional practice. The system shall be
 1405  consistent with standards of the American Society for Automation
 1406  in Pharmacy (ASAP). The electronic system shall also comply with
 1407  the Health Insurance Portability and Accountability Act (HIPAA)
 1408  as it pertains to protected health information (PHI), electronic
 1409  protected health information (EPHI), minimum requirements as
 1410  established by the department for authentication of a
 1411  practitioner who requests information in the prescription drug
 1412  monitoring program database and certification of the purpose for
 1413  which information is requested, and all other relevant state and
 1414  federal privacy and security laws and regulations. The
 1415  department shall establish policies and procedures as
 1416  appropriate regarding the reporting, accessing the database,
 1417  evaluation, management, development, implementation, operation,
 1418  storage, and security of information within the system. The
 1419  reporting of prescribed controlled substances shall include a
 1420  dispensing transaction with a dispenser pursuant to chapter 465
 1421  or through a dispensing transaction to an individual or address
 1422  in this state with a pharmacy that is not located in this state
 1423  but that is otherwise subject to the jurisdiction of this state
 1424  as to that dispensing transaction. The reporting of patient
 1425  advisory reports refers only to reports to patients, pharmacies,
 1426  and practitioners. Separate reports that contain patient
 1427  prescription history information and that are not patient
 1428  advisory reports are provided to persons and entities as
 1429  authorized in paragraphs (7)(b) and (c) and s. 893.0551.
 1430         (b) The department, when the direct support organization
 1431  receives at least $20,000 in nonstate moneys or the state
 1432  receives at least $20,000 in federal grants for the prescription
 1433  drug monitoring program, and in consultation with the Office of
 1434  Drug Control, shall adopt rules as necessary concerning the
 1435  reporting, accessing the database, evaluation, management,
 1436  development, implementation, operation, security, and storage of
 1437  information within the system, including rules for when patient
 1438  advisory reports are provided to pharmacies and prescribers. The
 1439  patient advisory report shall be provided in accordance with s.
 1440  893.13(7)(a)8. The department shall work with the professional
 1441  health care licensure boards, such as the Board of Medicine, the
 1442  Board of Osteopathic Medicine, and the Board of Pharmacy; other
 1443  appropriate organizations, such as the Florida Pharmacy
 1444  Association, the Office of Drug Control, the Florida Medical
 1445  Association, the Florida Retail Federation, and the Florida
 1446  Osteopathic Medical Association, including those relating to
 1447  pain management; and the Attorney General, the Department of Law
 1448  Enforcement, and the Agency for Health Care Administration to
 1449  develop rules appropriate for the prescription drug monitoring
 1450  program.
 1451         (c) All dispensers and prescribers subject to these
 1452  reporting requirements shall be notified by the department of
 1453  the implementation date for such reporting requirements.
 1454         (d) The program manager shall work with professional health
 1455  care licensure boards and the stakeholders listed in paragraph
 1456  (b) to develop rules appropriate for identifying indicators of
 1457  controlled substance abuse.
 1458         (e) The department shall establish a method to allow
 1459  corrections to the database when notified by a health care
 1460  practitioner or pharmacist.
 1461         (3) The pharmacy dispensing the controlled substance and
 1462  each prescriber who directly dispenses a controlled substance
 1463  shall submit to the electronic system, by a procedure and in a
 1464  format established by the department and consistent with an
 1465  ASAP-approved format, the following information for inclusion in
 1466  the database:
 1467         (a) The name of the prescribing practitioner, the
 1468  practitioner’s federal Drug Enforcement Administration
 1469  registration number, the practitioner’s National Provider
 1470  Identification (NPI) or other appropriate identifier, and the
 1471  date of the prescription.
 1472         (b) The date the prescription was filled and the method of
 1473  payment, such as cash by an individual, insurance coverage
 1474  through a third party, or Medicaid payment. This paragraph does
 1475  not authorize the department to include individual credit card
 1476  numbers or other account numbers in the database.
 1477         (c) The full name, address, and date of birth of the person
 1478  for whom the prescription was written.
 1479         (d) The name, national drug code, quantity, and strength of
 1480  the controlled substance dispensed.
 1481         (e) The full name, federal Drug Enforcement Administration
 1482  registration number, and address of the pharmacy or other
 1483  location from which the controlled substance was dispensed. If
 1484  the controlled substance was dispensed by a practitioner other
 1485  than a pharmacist, the practitioner’s full name, federal Drug
 1486  Enforcement Administration registration number, and address.
 1487         (f) The name of the pharmacy or practitioner, other than a
 1488  pharmacist, dispensing the controlled substance and the
 1489  practitioner’s National Provider Identification (NPI).
 1490         (g) Other appropriate identifying information as determined
 1491  by department rule.
 1492         (h) The number of refills ordered and whether the drug was
 1493  dispensed as a refill of a prescription or was a first-time
 1494  request.
 1495         (4) Each time a controlled substance is dispensed to an
 1496  individual, the controlled substance shall be reported to the
 1497  department through the system as soon thereafter as possible,
 1498  but not more than 7 15 days after the date the controlled
 1499  substance is dispensed unless an extension is approved by the
 1500  department for cause as determined by rule. A dispenser must
 1501  meet the reporting requirements of this section by providing the
 1502  required information concerning each controlled substance that
 1503  it dispensed in a department-approved, secure methodology and
 1504  format. Such approved formats may include, but are not limited
 1505  to, submission via the Internet, on a disc, or by use of regular
 1506  mail.
 1507         (5) When the following acts of dispensing or administering
 1508  occur, the following are exempt from reporting under this
 1509  section for that specific act of dispensing or administration:
 1510         (a) A health care practitioner when administering a
 1511  controlled substance directly to a patient if the amount of the
 1512  controlled substance is adequate to treat the patient during
 1513  that particular treatment session.
 1514         (b) A pharmacist or health care practitioner when
 1515  administering a controlled substance to a patient or resident
 1516  receiving care as a patient at a hospital, nursing home,
 1517  ambulatory surgical center, hospice, or intermediate care
 1518  facility for the developmentally disabled which is licensed in
 1519  this state.
 1520         (c) A practitioner when administering or dispensing a
 1521  controlled substance in the health care system of the Department
 1522  of Corrections.
 1523         (c)(d) A practitioner when administering a controlled
 1524  substance in the emergency room of a licensed hospital.
 1525         (d)(e) A health care practitioner when administering or
 1526  dispensing a controlled substance to a person under the age of
 1527  16 if the amount of the controlled substance is adequate to
 1528  treat the patient during that particular treatment session.
 1529         (e)(f) A pharmacist or a dispensing practitioner when
 1530  dispensing a one-time, 48-hour 72-hour emergency resupply of a
 1531  controlled substance to a patient.
 1532         (6) The department may establish when to suspend and when
 1533  to resume reporting information during a state-declared or
 1534  nationally declared disaster.
 1535         (7)(a) A practitioner or pharmacist who dispenses a
 1536  controlled substance must submit the information required by
 1537  this section in an electronic or other method in an ASAP format
 1538  approved by rule of the department unless otherwise provided in
 1539  this section. The cost to the dispenser in submitting the
 1540  information required by this section may not be material or
 1541  extraordinary. Costs not considered to be material or
 1542  extraordinary include, but are not limited to, regular postage,
 1543  electronic media, regular electronic mail, and facsimile
 1544  charges.
 1545         (b)1.In order for a pharmacy, prescriber, practitioner, or
 1546  dispenser to shall have access to information in the
 1547  prescription drug monitoring program’s database which relates to
 1548  a patient of that pharmacy, prescriber, practitioner, or
 1549  dispenser, the pharmacy, prescriber, practitioner, or dispenser
 1550  shall register with the department by submitting a registering
 1551  document provided by the department. The document and validation
 1552  of that document shall be determined by the department. Before a
 1553  pharmacy, prescriber, practitioner, or dispenser is granted
 1554  access to information in the database from the prescription drug
 1555  monitoring program, the department shall approve the submitted
 1556  document. Upon approval, the department shall grant the
 1557  registrant access to the appropriate information in the
 1558  prescription drug monitoring program’s database in a manner
 1559  established by the department as needed for the purpose of
 1560  reviewing the patient’s controlled substance prescription
 1561  history.
 1562         2. Other access to the program’s database shall be limited
 1563  to the program’s manager and to the designated program and
 1564  support staff, who may act only at the direction of the program
 1565  manager or, in the absence of the program manager, as
 1566  authorized. Access by the program manager or such designated
 1567  staff is for prescription drug program management only or for
 1568  management of the program’s database and its system in support
 1569  of the requirements of this section and in furtherance of the
 1570  prescription drug monitoring program. Confidential and exempt
 1571  information in the database shall be released only as provided
 1572  in paragraph (c) and s. 893.0551. The program manager,
 1573  designated program and support staff who act at the direction of
 1574  or in the absence of the program manager, and any individual who
 1575  has similar access regarding the management of the database from
 1576  the prescription drug monitoring program shall submit
 1577  fingerprints to the department for background screening. The
 1578  department shall follow the procedure established by the
 1579  Department of Law Enforcement to request a statewide criminal
 1580  history record check and to request that the Department of Law
 1581  Enforcement forward the fingerprints to the Federal Bureau of
 1582  Investigation for a national criminal history record check.
 1583         (c) The following entities may shall not have be allowed
 1584  direct access to information in the prescription drug monitoring
 1585  program database but may request from the program manager and,
 1586  when authorized by the program manager, the program manager’s
 1587  program and support staff, information that is confidential and
 1588  exempt under s. 893.0551. Prior to release, the request shall be
 1589  verified as authentic and authorized with the requesting
 1590  organization by the program manager, the program manager’s
 1591  program and support staff, or as determined in rules by the
 1592  department as being authentic and as having been authorized by
 1593  the requesting entity:
 1594         1. The department or its relevant health care regulatory
 1595  boards responsible for the licensure, regulation, or discipline
 1596  of practitioners, pharmacists, or other persons who are
 1597  authorized to prescribe, administer, or dispense controlled
 1598  substances and who are involved in a specific controlled
 1599  substance investigation involving a designated person for one or
 1600  more prescribed controlled substances.
 1601         2. The Attorney General for Medicaid fraud cases or
 1602  Medicaid investigations involving prescribed controlled
 1603  substances.
 1604         3. A law enforcement agency during active investigations
 1605  regarding potential criminal activity, fraud, or theft regarding
 1606  prescribed controlled substances.
 1607         4. A patient or the legal guardian or designated health
 1608  care surrogate of an incapacitated patient as described in s.
 1609  893.0551 who, for the purpose of verifying the accuracy of the
 1610  database information, submits a written and notarized request
 1611  that includes the patient’s full name, address, and date of
 1612  birth, and includes the same information if the legal guardian
 1613  or health care surrogate submits the request. The patient’s
 1614  phone number, current address, and a copy of a government-issued
 1615  photo identification must be provided in person to the program
 1616  manager along with the notarized request. The request shall be
 1617  validated by the department to verify the identity of the
 1618  patient and the legal guardian or health care surrogate, if the
 1619  patient’s legal guardian or health care surrogate is the
 1620  requestor. Such verification is also required for any request to
 1621  change a patient’s prescription history or other information
 1622  related to his or her information in the electronic database.
 1623         5. The Agency for Health Care Administration for Medicaid
 1624  fraud cases or Medicaid investigations involving prescribed
 1625  controlled substances.
 1626  
 1627  Information in the database for the electronic prescription drug
 1628  monitoring system is not discoverable or admissible in any civil
 1629  or administrative action, except in an investigation and
 1630  disciplinary proceeding by the department or the appropriate
 1631  regulatory board.
 1632         (d) The following entities may shall not have be allowed
 1633  direct access to information in the prescription drug monitoring
 1634  program database but may request from the program manager and,
 1635  when authorized by the program manager, the program manager’s
 1636  program and support staff, information that contains no
 1637  identifying information of any patient, physician, health care
 1638  practitioner, prescriber, or dispenser and that is not
 1639  confidential and exempt:
 1640         1. Department staff for the purpose of calculating
 1641  performance measures pursuant to subsection (8).
 1642         2. The Program Implementation and Oversight Task Force for
 1643  its reporting to the Governor, the President of the Senate, and
 1644  the Speaker of the House of Representatives regarding the
 1645  prescription drug monitoring program. This subparagraph expires
 1646  July 1, 2012.
 1647         (e) All transmissions of data required by this section must
 1648  comply with relevant state and federal privacy and security laws
 1649  and regulations. However, any authorized agency or person under
 1650  s. 893.0551 receiving such information as allowed by s. 893.0551
 1651  may maintain the information received for up to 24 months before
 1652  purging it from his or her records or maintain it for longer
 1653  than 24 months if the information is pertinent to ongoing health
 1654  care or an active law enforcement investigation or prosecution.
 1655         (f) The program manager, upon determining a pattern
 1656  consistent with the rules established under paragraph (2)(d) and
 1657  having cause to believe a violation of s. 893.13(7)(a)8.,
 1658  (8)(a), or (8)(b) has occurred, may provide relevant information
 1659  to the applicable law enforcement agency.
 1660         (8) To assist in fulfilling program responsibilities,
 1661  performance measures shall be reported annually to the Governor,
 1662  the President of the Senate, and the Speaker of the House of
 1663  Representatives by the department each December 1, beginning in
 1664  2011. Data that does not contain patient, physician, health care
 1665  practitioner, prescriber, or dispenser identifying information
 1666  may be requested during the year by department employees so that
 1667  the department may undertake public health care and safety
 1668  initiatives that take advantage of observed trends. Performance
 1669  measures may include, but are not limited to, efforts to achieve
 1670  the following outcomes:
 1671         (a) Reduction of the rate of inappropriate use of
 1672  prescription drugs through department education and safety
 1673  efforts.
 1674         (b) Reduction of the quantity of pharmaceutical controlled
 1675  substances obtained by individuals attempting to engage in fraud
 1676  and deceit.
 1677         (c) Increased coordination among partners participating in
 1678  the prescription drug monitoring program.
 1679         (d) Involvement of stakeholders in achieving improved
 1680  patient health care and safety and reduction of prescription
 1681  drug abuse and prescription drug diversion.
 1682         (9) Any person who willfully and knowingly fails to report
 1683  the dispensing of a controlled substance as required by this
 1684  section commits a misdemeanor of the first degree, punishable as
 1685  provided in s. 775.082 or s. 775.083.
 1686         (10) All costs incurred by the department in administering
 1687  the prescription drug monitoring program shall be funded through
 1688  federal grants or private funding applied for or received by the
 1689  state. The department may not commit funds for the monitoring
 1690  program without ensuring funding is available. The prescription
 1691  drug monitoring program and the implementation thereof are
 1692  contingent upon receipt of the nonstate funding. The department
 1693  and state government shall cooperate with the direct-support
 1694  organization established pursuant to subsection (11) in seeking
 1695  federal grant funds, other nonstate grant funds, gifts,
 1696  donations, or other private moneys for the department so long as
 1697  the costs of doing so are not considered material. Nonmaterial
 1698  costs for this purpose include, but are not limited to, the
 1699  costs of mailing and personnel assigned to research or apply for
 1700  a grant. Notwithstanding the exemptions to competitive
 1701  solicitation requirements under s. 287.057(3)(f), the department
 1702  shall comply with the competitive-solicitation requirements
 1703  under s. 287.057 for the procurement of any goods or services
 1704  required by this section.
 1705         (11) The Office of Drug Control, in coordination with the
 1706  department, may establish a direct-support organization that has
 1707  a board consisting of at least five members to provide
 1708  assistance, funding, and promotional support for the activities
 1709  authorized for the prescription drug monitoring program.
 1710         (a) As used in this subsection, the term “direct-support
 1711  organization” means an organization that is:
 1712         1. A Florida corporation not for profit incorporated under
 1713  chapter 617, exempted from filing fees, and approved by the
 1714  Department of State.
 1715         2. Organized and operated to conduct programs and
 1716  activities; raise funds; request and receive grants, gifts, and
 1717  bequests of money; acquire, receive, hold, and invest, in its
 1718  own name, securities, funds, objects of value, or other
 1719  property, either real or personal; and make expenditures or
 1720  provide funding to or for the direct or indirect benefit of the
 1721  department in the furtherance of the prescription drug
 1722  monitoring program.
 1723         (b) The direct-support organization is not considered a
 1724  lobbying firm within the meaning of s. 11.045.
 1725         (c) The director of the Office of Drug Control shall
 1726  appoint a board of directors for the direct-support
 1727  organization. The director may designate employees of the Office
 1728  of Drug Control, state employees other than state employees from
 1729  the department, and any other nonstate employees as appropriate,
 1730  to serve on the board. Members of the board shall serve at the
 1731  pleasure of the director of the Office of Drug Control. The
 1732  director shall provide guidance to members of the board to
 1733  ensure that moneys received by the direct-support organization
 1734  are not received from inappropriate sources. Inappropriate
 1735  sources include, but are not limited to, donors, grantors,
 1736  persons, or organizations that may monetarily or substantively
 1737  benefit from the purchase of goods or services by the department
 1738  in furtherance of the prescription drug monitoring program.
 1739         (d) The direct-support organization shall operate under
 1740  written contract with the Office of Drug Control. The contract
 1741  must, at a minimum, provide for:
 1742         1. Approval of the articles of incorporation and bylaws of
 1743  the direct-support organization by the Office of Drug Control.
 1744         2. Submission of an annual budget for the approval of the
 1745  Office of Drug Control.
 1746         3. Certification by the Office of Drug Control in
 1747  consultation with the department that the direct-support
 1748  organization is complying with the terms of the contract in a
 1749  manner consistent with and in furtherance of the goals and
 1750  purposes of the prescription drug monitoring program and in the
 1751  best interests of the state. Such certification must be made
 1752  annually and reported in the official minutes of a meeting of
 1753  the direct-support organization.
 1754         4. The reversion, without penalty, to the Office of Drug
 1755  Control, or to the state if the Office of Drug Control ceases to
 1756  exist, of all moneys and property held in trust by the direct
 1757  support organization for the benefit of the prescription drug
 1758  monitoring program if the direct-support organization ceases to
 1759  exist or if the contract is terminated.
 1760         5. The fiscal year of the direct-support organization,
 1761  which must begin July 1 of each year and end June 30 of the
 1762  following year.
 1763         6. The disclosure of the material provisions of the
 1764  contract to donors of gifts, contributions, or bequests,
 1765  including such disclosure on all promotional and fundraising
 1766  publications, and an explanation to such donors of the
 1767  distinction between the Office of Drug Control and the direct
 1768  support organization.
 1769         7. The direct-support organization’s collecting, expending,
 1770  and providing of funds to the department for the development,
 1771  implementation, and operation of the prescription drug
 1772  monitoring program as described in this section and s. 2,
 1773  chapter 2009-198, Laws of Florida, as long as the task force is
 1774  authorized. The direct-support organization may collect and
 1775  expend funds to be used for the functions of the direct-support
 1776  organization’s board of directors, as necessary and approved by
 1777  the director of the Office of Drug Control. In addition, the
 1778  direct-support organization may collect and provide funding to
 1779  the department in furtherance of the prescription drug
 1780  monitoring program by:
 1781         a. Establishing and administering the prescription drug
 1782  monitoring program’s electronic database, including hardware and
 1783  software.
 1784         b. Conducting studies on the efficiency and effectiveness
 1785  of the program to include feasibility studies as described in
 1786  subsection (13).
 1787         c. Providing funds for future enhancements of the program
 1788  within the intent of this section.
 1789         d. Providing user training of the prescription drug
 1790  monitoring program, including distribution of materials to
 1791  promote public awareness and education and conducting workshops
 1792  or other meetings, for health care practitioners, pharmacists,
 1793  and others as appropriate.
 1794         e. Providing funds for travel expenses.
 1795         f. Providing funds for administrative costs, including
 1796  personnel, audits, facilities, and equipment.
 1797         g. Fulfilling all other requirements necessary to implement
 1798  and operate the program as outlined in this section.
 1799         (e) The activities of the direct-support organization must
 1800  be consistent with the goals and mission of the Office of Drug
 1801  Control, as determined by the office in consultation with the
 1802  department, and in the best interests of the state. The direct
 1803  support organization must obtain a written approval from the
 1804  director of the Office of Drug Control for any activities in
 1805  support of the prescription drug monitoring program before
 1806  undertaking those activities.
 1807         (f) The Office of Drug Control, in consultation with the
 1808  department, may permit, without charge, appropriate use of
 1809  administrative services, property, and facilities of the Office
 1810  of Drug Control and the department by the direct-support
 1811  organization, subject to this section. The use must be directly
 1812  in keeping with the approved purposes of the direct-support
 1813  organization and may not be made at times or places that would
 1814  unreasonably interfere with opportunities for the public to use
 1815  such facilities for established purposes. Any moneys received
 1816  from rentals of facilities and properties managed by the Office
 1817  of Drug Control and the department may be held by the Office of
 1818  Drug Control or in a separate depository account in the name of
 1819  the direct-support organization and subject to the provisions of
 1820  the letter of agreement with the Office of Drug Control. The
 1821  letter of agreement must provide that any funds held in the
 1822  separate depository account in the name of the direct-support
 1823  organization must revert to the Office of Drug Control if the
 1824  direct-support organization is no longer approved by the Office
 1825  of Drug Control to operate in the best interests of the state.
 1826         (g) The Office of Drug Control, in consultation with the
 1827  department, may adopt rules under s. 120.54 to govern the use of
 1828  administrative services, property, or facilities of the
 1829  department or office by the direct-support organization.
 1830         (h) The Office of Drug Control may not permit the use of
 1831  any administrative services, property, or facilities of the
 1832  state by a direct-support organization if that organization does
 1833  not provide equal membership and employment opportunities to all
 1834  persons regardless of race, color, religion, gender, age, or
 1835  national origin.
 1836         (i) The direct-support organization shall provide for an
 1837  independent annual financial audit in accordance with s.
 1838  215.981. Copies of the audit shall be provided to the Office of
 1839  Drug Control and the Office of Policy and Budget in the
 1840  Executive Office of the Governor.
 1841         (j) The direct-support organization may not exercise any
 1842  power under s. 617.0302(12) or (16).
 1843         (12) A prescriber or dispenser may have access to the
 1844  information under this section which relates to a patient of
 1845  that prescriber or dispenser as needed for the purpose of
 1846  reviewing the patient’s controlled drug prescription history. A
 1847  prescriber or dispenser acting in good faith is immune from any
 1848  civil, criminal, or administrative liability that might
 1849  otherwise be incurred or imposed for receiving or using
 1850  information from the prescription drug monitoring program. This
 1851  subsection does not create a private cause of action, and a
 1852  person may not recover damages against a prescriber or dispenser
 1853  authorized to access information under this subsection for
 1854  accessing or failing to access such information.
 1855         (13) To the extent that funding is provided for such
 1856  purpose through federal or private grants or gifts and other
 1857  types of available moneys, the department, in collaboration with
 1858  the Office of Drug Control, shall study the feasibility of
 1859  enhancing the prescription drug monitoring program for the
 1860  purposes of public health initiatives and statistical reporting
 1861  that respects the privacy of the patient, the prescriber, and
 1862  the dispenser. Such a study shall be conducted in order to
 1863  further improve the quality of health care services and safety
 1864  by improving the prescribing and dispensing practices for
 1865  prescription drugs, taking advantage of advances in technology,
 1866  reducing duplicative prescriptions and the overprescribing of
 1867  prescription drugs, and reducing drug abuse. The requirements of
 1868  the National All Schedules Prescription Electronic Reporting
 1869  (NASPER) Act are authorized in order to apply for federal NASPER
 1870  funding. In addition, the direct-support organization shall
 1871  provide funding for the department, in collaboration with the
 1872  Office of Drug Control, to conduct training for health care
 1873  practitioners and other appropriate persons in using the
 1874  monitoring program to support the program enhancements.
 1875         (14) A pharmacist, pharmacy, or dispensing health care
 1876  practitioner or his or her agent, before releasing a controlled
 1877  substance to any person not known to such dispenser, shall
 1878  require the person purchasing, receiving, or otherwise acquiring
 1879  the controlled substance to present valid photographic
 1880  identification or other verification of his or her identity to
 1881  the dispenser. If the person does not have proper
 1882  identification, the dispenser may verify the validity of the
 1883  prescription and the identity of the patient with the prescriber
 1884  or his or her authorized agent. Verification of health plan
 1885  eligibility through a real-time inquiry or adjudication system
 1886  will be considered to be proper identification. This subsection
 1887  does not apply in an institutional setting or to a long-term
 1888  care facility, including, but not limited to, an assisted living
 1889  facility or a hospital to which patients are admitted. As used
 1890  in this subsection, the term “proper identification” means an
 1891  identification that is issued by a state or the Federal
 1892  Government containing the person’s photograph, printed name, and
 1893  signature or a document considered acceptable under 8 C.F.R. s.
 1894  274a.2(b)(1)(v)(A) and (B).
 1895         (15) The Agency for Health Care Administration shall
 1896  continue the promotion of electronic prescribing by health care
 1897  practitioners, health care facilities, and pharmacies under s.
 1898  408.0611.
 1899         (16) By October 1, 2010, the department shall adopt rules
 1900  pursuant to ss. 120.536(1) and 120.54 to administer the
 1901  provisions of this section, which shall include as necessary the
 1902  reporting, accessing, evaluation, management, development,
 1903  implementation, operation, and storage of information within the
 1904  monitoring program’s system.
 1905         (17) After the prescription drug monitoring program’s
 1906  database has been operational for 12 months, the State Surgeon
 1907  General shall enter into reciprocal agreements for the sharing
 1908  of prescription drug monitoring information with any other state
 1909  that has a compatible prescription drug monitoring program. If
 1910  the State Surgeon General evaluates the prescription drug
 1911  monitoring program of another state as authorized in this
 1912  subsection, priority shall be given to a state that is
 1913  contiguous with the borders of this state.
 1914         (a)In determining compatibility, the State Surgeon General
 1915  shall consider:
 1916         1.The essential purposes of the program and the success of
 1917  the program in fulfilling those purposes.
 1918         2.The safeguards for privacy of patient records and the
 1919  success of the program in protecting patient privacy.
 1920         3.The persons authorized to view the data collected by the
 1921  program. Comparable organizations and professions for
 1922  practitioners in other states, law enforcement agencies, the
 1923  Attorney General’s Medicaid Fraud Unit, medical regulatory
 1924  boards, and, as needed, management staff who have similar duties
 1925  as management staff who work with the prescription drug
 1926  monitoring program as authorized in s. 893.0551 are authorized
 1927  access upon approval by the State Surgeon General.
 1928         4.The schedules of the controlled substances that are
 1929  monitored.
 1930         5.The data required to be submitted for each prescription.
 1931         6.Any implementing criteria deemed essential for a
 1932  thorough comparison.
 1933         (b)The State Surgeon General shall annually review any
 1934  agreement to determine its continued compatibility with the
 1935  prescription drug monitoring program in this state.
 1936         (c)Any agreement between the State Surgeon General and
 1937  another state shall prohibit the sharing of information
 1938  concerning a resident of this state or a practitioner,
 1939  pharmacist, or other prescriber for any purpose that is not
 1940  otherwise authorized by this section or s. 893.0551.
 1941         Section 25. The sum of $1.75 million is appropriated from
 1942  the General Revenue Fund to the Department of Health for the
 1943  purpose of paying salaries and other administrative expenses
 1944  necessary to carry out the implementation of the prescription
 1945  drug monitoring program.
 1946         Section 26. Paragraph (a) of subsection (3) of section
 1947  893.0551, Florida Statutes, is amended, present subsections (4),
 1948  (5), (6), and (7) of that section are redesignated as
 1949  subsections (5), (6), (7), and (8), respectively, and a new
 1950  subsection (4) is added to that section, to read:
 1951         893.0551 Public records exemption for the prescription drug
 1952  monitoring program.—
 1953         (3) The department shall disclose such confidential and
 1954  exempt information to the following entities after using a
 1955  verification process to ensure the legitimacy of that person’s
 1956  or entity’s request for the information:
 1957         (a) The Attorney General and his or her designee when
 1958  working on Medicaid fraud cases and Medicaid investigations
 1959  involving prescribed controlled substances prescription drugs or
 1960  when the Attorney General has initiated a review of specific
 1961  identifiers of Medicaid fraud or specific identifiers that
 1962  warrant a Medicaid investigation regarding prescribed controlled
 1963  substances prescription drugs. The Attorney General or his or
 1964  her designee may disclose the confidential and exempt
 1965  information received from the department to a criminal justice
 1966  agency as defined in s. 119.011 as part of an active
 1967  investigation that is specific to a violation of prescription
 1968  drug abuse or prescription drug diversion law as it relates to
 1969  controlled substances. The Attorney General’s Medicaid fraud
 1970  investigators and Medicaid investigators may not have direct
 1971  access to the department’s database.
 1972         (4) The department may disclose confidential and exempt
 1973  information contained in records held by the department under s.
 1974  893.055 if the State Surgeon General has entered into a
 1975  reciprocal agreement for the sharing of prescription drug
 1976  monitoring information with any other state that has a
 1977  compatible prescription drug monitoring program.
 1978         (a)The reciprocal agreement may allow the following
 1979  persons from another state to receive information from the
 1980  prescription drug monitoring program if approved by the State
 1981  Surgeon General:
 1982         1.A designated representative of a state professional
 1983  licensing, certification, or regulatory agency charged with
 1984  oversight of those persons authorized to prescribe or dispense
 1985  controlled substances for the purpose of a bona fide, specific
 1986  investigation of a prescription of a controlled substance which
 1987  involves a designated person. As required in s. 893.055, this
 1988  authorization does not preclude the requirement for the program
 1989  manager to review the request for information and validate it.
 1990         2.A health care practitioner or pharmacist licensed in the
 1991  state from which the request originates. Such health care
 1992  practitioner or pharmacist shall certify that the requested
 1993  information is for the purpose of providing medical or
 1994  pharmaceutical treatment to a bona fide, current patient. The
 1995  health care practitioner or pharmacist shall follow all the
 1996  procedures required in s. 893.055 and rules established by the
 1997  department for a health care practitioner or pharmacist to
 1998  request information from the database.
 1999         3.A law enforcement officer from another state:
 2000         a. Who is a member of a sheriff’s department or a police
 2001  department;
 2002         b. Who is authorized by law to conduct criminal
 2003  investigations and make arrests;
 2004         c. Whose duty it is to enforce the laws of his or her state
 2005  relating to controlled substances; and
 2006         d. Who is engaged in a bona fide specific, active
 2007  investigation involving a designated person regarding
 2008  prescriptions for controlled substances.
 2009  
 2010  As required in s. 893.055, this authorization does not preclude
 2011  the requirement for the program manager to review the request
 2012  for information and validate it. This authorization also does
 2013  not preclude the ability to provide a report to a law
 2014  enforcement agency in another state under s. 893.055(7) or this
 2015  subsection.
 2016         (b)Any agreement between the State Surgeon General and
 2017  another state shall prohibit the sharing of information
 2018  concerning a resident of this state, a patient whose information
 2019  is in the program’s database, or a practitioner, pharmacy,
 2020  pharmacist, health care practitioner, or other prescriber for
 2021  any purpose that is not otherwise authorized by this section or
 2022  s. 893.055, and the information must be provided according to
 2023  the State Surgeon General’s determination of compatibility as
 2024  described in s. 893.055(17).
 2025         Section 27. Subsections (1), (4), and (5) of section
 2026  893.07, Florida Statutes, are amended, and subsection (6) is
 2027  added to that section, to read:
 2028         893.07 Records.—
 2029         (1) Notwithstanding any other provision of law and in
 2030  consonance with the authority of State v. Carter, 23 So. 3d 798
 2031  (Fla. 1st DCA 2009) and State v. Tamulonis, 39 So. 3d 524 (Fla.
 2032  2d DCA 2010), every person who engages in the manufacture,
 2033  compounding, mixing, cultivating, growing, or by any other
 2034  process producing or preparing, or in the dispensing,
 2035  importation, or, as a wholesaler, distribution, of controlled
 2036  substances shall:
 2037         (a) On January 1, 1974, or as soon thereafter as any person
 2038  first engages in such activity, and every second year
 2039  thereafter, make a complete and accurate record of all stocks of
 2040  controlled substances on hand. The inventory may be prepared on
 2041  the regular physical inventory date which is nearest to, and
 2042  does not vary by more than 6 months from, the biennial date that
 2043  would otherwise apply. As additional substances are designated
 2044  for control under this chapter, they shall be inventoried as
 2045  provided for in this subsection.
 2046         (b) On and after January 1, 1974, maintain, on a current
 2047  basis, a complete and accurate record of each substance
 2048  manufactured, received, sold, delivered, or otherwise disposed
 2049  of by him or her, except that this subsection shall not require
 2050  the maintenance of a perpetual inventory.
 2051  
 2052  Compliance with the provisions of federal law pertaining to the
 2053  keeping of records of controlled substances shall be deemed a
 2054  compliance with the requirements of this subsection.
 2055         (4) Every inventory or record required by this chapter,
 2056  including prescription records, shall be maintained:
 2057         (a) Separately from all other records of the registrant, or
 2058         (b) Alternatively, in the case of Schedule III, IV, or V
 2059  controlled substances, in such form that information required by
 2060  this chapter is readily retrievable from the ordinary business
 2061  records of the registrant.
 2062  
 2063  In either case, such records described in this subsection shall
 2064  be kept and made available for a period of at least 2 years for
 2065  inspection and copying by law enforcement officers whose duty it
 2066  is to enforce the laws of this state relating to controlled
 2067  substances. This subsection does not require a law enforcement
 2068  officer to obtain a subpoena, court order, or search warrant in
 2069  order to obtain access to or copies of such records.
 2070         (5) Each person shall maintain a record that contains which
 2071  shall contain a detailed list of controlled substances lost,
 2072  destroyed, or stolen, if any; the kind and quantity of such
 2073  controlled substances; and the date of the discovering of such
 2074  loss, destruction, or theft. If a person discovers the theft or
 2075  significant loss of a controlled substance, such person shall
 2076  report the theft or significant loss to a local county sheriff’s
 2077  office within 48 hours after the discovery of such theft or
 2078  loss. A person who fails to report the theft or significant loss
 2079  of a controlled substance under this subsection commits a
 2080  misdemeanor of the second degree, punishable as provided in s.
 2081  775.082 or s. 775.083. However, a person who fails to report the
 2082  theft or significant loss of a Schedule II controlled substance
 2083  commits a misdemeanor of the first degree, punishable as
 2084  provided in s. 775.082 or s. 775.083.
 2085         (6) The Legislature finds that the opinions rendered in
 2086  State v. Carter, 23 So. 3d 798 (Fla. 1st DCA 2009), and State v.
 2087  Tamulonis, 39 So. 3d 524 (Fla. 2d DCA 2010), correctly construe
 2088  this Legislature’s intent that the inspection powers previously
 2089  conferred upon law enforcement officers which allow such
 2090  officers to access and review pharmacy records concerning
 2091  controlled substances are to be exercised properly by such law
 2092  enforcement officers without the requirement of a subpoena or
 2093  search warrant being sought or issued to examine and copy such
 2094  records, and without the requirement that those persons to whom
 2095  particular pharmacy records refer be given notice of the
 2096  records’ examination and copying under this section.
 2097         Section 28. Subsections (7) and (8) of section 893.13,
 2098  Florida Statutes, are amended to read:
 2099         893.13 Prohibited acts; penalties.—
 2100         (7)(a) A It is unlawful for any person may not:
 2101         1. To Distribute or dispense a controlled substance in
 2102  violation of this chapter.
 2103         2. To Refuse or fail to make, keep, or furnish any record,
 2104  notification, order form, statement, invoice, or information
 2105  required under this chapter.
 2106         3. To Refuse an entry into any premises for any inspection
 2107  or to refuse to allow any inspection authorized by this chapter.
 2108         4. To Distribute a controlled substance named or described
 2109  in s. 893.03(1) or (2) except pursuant to an order form as
 2110  required by s. 893.06.
 2111         5. To Keep or maintain any store, shop, warehouse,
 2112  dwelling, building, vehicle, boat, aircraft, or other structure
 2113  or place which is resorted to by persons using controlled
 2114  substances in violation of this chapter for the purpose of using
 2115  these substances, or which is used for keeping or selling them
 2116  in violation of this chapter.
 2117         6. To Use to his or her own personal advantage, or to
 2118  reveal, any information obtained in enforcement of this chapter
 2119  except in a prosecution or administrative hearing for a
 2120  violation of this chapter.
 2121         7. To Possess a prescription form which has not been
 2122  completed and signed by the practitioner whose name appears
 2123  printed thereon, unless the person is that practitioner, is an
 2124  agent or employee of that practitioner, is a pharmacist, or is a
 2125  supplier of prescription forms who is authorized by that
 2126  practitioner to possess those forms.
 2127         8. To Withhold information from a practitioner from whom
 2128  the person seeks to obtain a controlled substance or a
 2129  prescription for a controlled substance that the person making
 2130  the request has received a controlled substance or a
 2131  prescription for a controlled substance of like therapeutic use
 2132  from another practitioner within the previous 30 days.
 2133         9. To Acquire or obtain, or attempt to acquire or obtain,
 2134  possession of a controlled substance by misrepresentation,
 2135  fraud, forgery, deception, or subterfuge.
 2136         10. To Affix any false or forged label to a package or
 2137  receptacle containing a controlled substance.
 2138         11. To Furnish false or fraudulent material information in,
 2139  or omit any material information from, any report or other
 2140  document required to be kept or filed under this chapter or any
 2141  record required to be kept by this chapter.
 2142         12. To Store anhydrous ammonia in a container that is not
 2143  approved by the United States Department of Transportation to
 2144  hold anhydrous ammonia or is not constructed in accordance with
 2145  sound engineering, agricultural, or commercial practices.
 2146         13. With the intent to obtain a controlled substance or
 2147  combination of controlled substances that are not medically
 2148  necessary for the person or an amount of a controlled substance
 2149  or substances that are not medically necessary for the person,
 2150  obtain or attempt to obtain from a practitioner a controlled
 2151  substance or a prescription for a controlled substance by
 2152  misrepresentation, fraud, forgery, deception, subterfuge, or
 2153  concealment of a material fact. For purposes of this
 2154  subparagraph, a material fact includes whether the person has an
 2155  existing prescription for a controlled substance issued for the
 2156  same period of time by another practitioner or as described in
 2157  subparagraph 8.
 2158         (b) A health care practitioner, with the intent to provide
 2159  a controlled substance or combination of controlled substances
 2160  that are not medically necessary to his or her patient or an
 2161  amount of controlled substances that are not medically necessary
 2162  for his or her patient, may not provide a controlled substance
 2163  or a prescription for a controlled substance by
 2164  misrepresentation, fraud, forgery, deception, subterfuge, or
 2165  concealment of a material fact. For purposes of this paragraph,
 2166  a material fact includes whether the patient has an existing
 2167  prescription for a controlled substance issued for the same
 2168  period of time by another practitioner or as described in
 2169  subparagraph (a)8.
 2170         (c) Any person who adulterates a controlled substance for
 2171  directed off-label use without authorization by a prescribing
 2172  physician violates the provisions of subparagraph (a)1. and
 2173  causes the issuance of the entire prescription for the
 2174  controlled substance to become invalid. A law enforcement
 2175  officer in the performance of his or her official duties may
 2176  seize the adulterated or off-label prescribed controlled
 2177  substance as evidence. The controlled substance may be returned
 2178  to the owner only with a notarized affidavit from the original
 2179  prescribing practitioner who has knowledge and gave
 2180  authorization and explicit directions for the adulteration or
 2181  off-label use of the controlled substance.
 2182         (d)(b) Any person who violates the provisions of
 2183  subparagraphs (a)1.-7. commits a misdemeanor of the first
 2184  degree, punishable as provided in s. 775.082 or s. 775.083;
 2185  except that, upon a second or subsequent violation, the person
 2186  commits a felony of the third degree, punishable as provided in
 2187  s. 775.082, s. 775.083, or s. 775.084.
 2188         (e)(c) Any person who violates the provisions of
 2189  subparagraphs (a)8.-12. commits a felony of the third degree,
 2190  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2191         (f) A person or health care practitioner who violates the
 2192  provisions of paragraph (b) or subparagraph (a)13. commits a
 2193  felony of the third degree, punishable as provided in s.
 2194  775.082, s. 775.083, or s. 775.084, if any controlled substance
 2195  that is the subject of the offense is listed in Schedule II,
 2196  Schedule III, or Schedule IV.
 2197         (8)(a) Notwithstanding subsection (9), a prescribing
 2198  practitioner may not:
 2199         1. Knowingly assist a patient, other person, or the owner
 2200  of an animal in obtaining a controlled substance through
 2201  deceptive, untrue, or fraudulent representations in or related
 2202  to the practice of the prescribing practitioner’s professional
 2203  practice;
 2204         2. Employ a trick or scheme in the practice of the
 2205  prescribing practitioner’s professional practice to assist a
 2206  patient, other person, or the owner of an animal in obtaining a
 2207  controlled substance;
 2208         3. Knowingly write a prescription for a controlled
 2209  substance for a fictitious person; or
 2210         4. Write a prescription for a controlled substance for a
 2211  patient, other person, or an animal if the sole purpose of
 2212  writing such prescription is to provide a monetary benefit to,
 2213  or obtain a monetary benefit for, the prescribing practitioner;
 2214  or.
 2215         5. Write a prescription for a controlled substance for a
 2216  patient, other person, or an animal and authorize or direct the
 2217  adulteration of the dispensed form of the controlled substance
 2218  for the purpose of ingestion by means of inhalation, injection,
 2219  or any other means not medically necessary for the treatment of
 2220  the patient.
 2221         (b) If the prescribing practitioner wrote a prescription or
 2222  multiple prescriptions for a controlled substance for the
 2223  patient, other person, or animal for which there was no medical
 2224  necessity, or which was in excess of what was medically
 2225  necessary to treat the patient, other person, or animal, that
 2226  fact does not give rise to any presumption that the prescribing
 2227  practitioner violated subparagraph (a)1., but may be considered
 2228  with other competent evidence in determining whether the
 2229  prescribing practitioner knowingly assisted a patient, other
 2230  person, or the owner of an animal to obtain a controlled
 2231  substance in violation of subparagraph (a)1.
 2232         (c) A person who violates paragraph (a) commits a felony of
 2233  the third degree, punishable as provided in s. 775.082, s.
 2234  775.083, or s. 775.084.
 2235         (d) Notwithstanding paragraph (c), if a prescribing
 2236  practitioner has violated paragraph (a) and received $1,000 or
 2237  more in payment for writing one or more prescriptions or, in the
 2238  case of a prescription written for a controlled substance
 2239  described in s. 893.135, has written one or more prescriptions
 2240  for a quantity of a controlled substance which, individually or
 2241  in the aggregate, meets the threshold for the offense of
 2242  trafficking in a controlled substance under s. 893.15, the
 2243  violation is reclassified as a felony of the second degree and
 2244  ranked in level 4 of the Criminal Punishment Code.
 2245         Section 29. Present subsections (3) through (10) of section
 2246  893.138, Florida Statutes, are redesignated as subsections (4)
 2247  through (11), respectively, and a new subsection (3) is added to
 2248  that section, to read:
 2249         893.138 Local administrative action to abate drug-related,
 2250  prostitution-related, or stolen-property-related public
 2251  nuisances and criminal gang activity.—
 2252         (3) Any pain-management clinic, as described in s. 458.3265
 2253  or s. 459.0137, which has been used on more than two occasions
 2254  within a 6-month period as the site of a violation of:
 2255         (a) Section 784.011, s. 784.021, s. 784.03, or s. 784.045,
 2256  relating to assault and battery;
 2257         (b) Section 810.02, relating to burglary;
 2258         (c) Section 812.014, relating to dealing in theft;
 2259         (d) Section 812.131, relating to robbery by sudden
 2260  snatching; or
 2261         (e) Section 893.13, relating to the unlawful distribution
 2262  of controlled substances,
 2263  
 2264  may be declared to be a public nuisance, and such nuisance may
 2265  be abated pursuant to the procedures provided in this section.
 2266         Section 30. Subsection (9) is added to section 465.025,
 2267  Florida Statutes, to read:
 2268         465.025 Substitution of drugs.—
 2269         (9) The board shall establish by rule a list of opioid
 2270  drugs that incorporate tamper-resistant technology. Inclusion of
 2271  a drug on the list does not require that the drug bear a
 2272  labeling claim with respect to reduction of tampering, abuse, or
 2273  abuse potential at the time of listing. The board shall make a
 2274  determination whether to include a drug on the list based on a
 2275  submission of evidence by the drug manufacturer or distributor
 2276  that the drug:
 2277         (a) Incorporates a tamper-resistance technology; and
 2278         (b) Has been approved by the United States Food and Drug
 2279  Administration pursuant to an application that includes at least
 2280  one study on human tampering or abuse potential or a laboratory
 2281  study comparing the tamper-resistant or abuse-resistant
 2282  properties of the drug to one or more opioid drugs that have
 2283  been approved by the United States Food and Drug Administration
 2284  and serve as a positive control.
 2285  
 2286  Notwithstanding subsection (2), a pharmacist may not substitute
 2287  an opioid analgesic drug, either the brand name drug or generic
 2288  drug, for an opioid analgesic drug incorporating a tamper
 2289  resistance technology which was originally prescribed and is
 2290  listed by the board pursuant to this subsection.
 2291         Section 31. This act shall take effect October 1, 2011.