Florida Senate - 2012                                     SB 904
       
       
       
       By Senator Fasano
       
       
       
       
       11-00535B-12                                           2012904__
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending s.
    3         456.44, F.S.; revising the definition of the term
    4         “addiction medicine specialist” to include a board
    5         certified psychiatrist, rather than a physiatrist;
    6         providing that the management of pain in certain
    7         patients requires consultation with or referral to a
    8         psychiatrist, rather than a physiatrist; providing
    9         that a prescription is deemed compliant with the
   10         standards of practice and is valid for dispensing when
   11         a pharmacy receives it; providing that the standards
   12         of practice regarding the prescribing of controlled
   13         substances do not apply to certain board-certified
   14         psychiatrists and rheumatologists; amending ss.
   15         458.3265 and 459.0137, F.S.; requiring that a pain
   16         management clinic register with the Department of
   17         Health unless the clinic is wholly owned and operated
   18         by certain health care professionals, including a
   19         board-certified psychiatrist or rheumatologist;
   20         amending s. 465.015, F.S.; revising the requirements
   21         for reporting the fraudulent obtaining of a controlled
   22         substance; revising the required contents of the
   23         report; amending s. 465.022, F.S.; requiring that the
   24         Department of Health or the Board of Pharmacy deny an
   25         initial or renewal application for a pharmacy permit
   26         if an applicant or an affiliated person of record of
   27         the applicant, including a health care practitioner,
   28         has been convicted of, or entered a plea of guilty or
   29         nolo contendere to, regardless of adjudication,
   30         unlawfully providing a controlled substance or a
   31         prescription for a controlled substance by
   32         misrepresentation, fraud, forgery, deception,
   33         subterfuge, or concealment of a material fact;
   34         amending s. 465.023, F.S.; authorizing the department
   35         or the board to revoke or suspend a pharmacy permit
   36         and to fine, place on probation, or discipline a
   37         pharmacy permittee if the permittee or any affiliated
   38         person or agent of the permittee, including a health
   39         care practitioner, has been convicted of, or entered a
   40         plea of guilty or nolo contendere to, regardless of
   41         adjudication, unlawfully providing a controlled
   42         substance or a prescription for a controlled substance
   43         by misrepresentation, fraud, forgery, deception,
   44         subterfuge, or concealment of a material fact;
   45         amending s. 499.003, F.S.; defining the term
   46         “prescription” as it relates to the Florida Drug and
   47         Cosmetic Act; creating s. 499.0032, F.S.; authorizing
   48         a pharmacist to fill a prescription for drugs or
   49         medicinal supplies which is transmitted or written by
   50         a physician, dentist, veterinarian, or other
   51         practitioner licensed to practice in another state
   52         under certain circumstances; requiring the pharmacist
   53         to obtain proof to a reasonable certainty of the
   54         validity of the prescription under certain
   55         circumstances; prohibiting the issuance of a
   56         prescription order for a controlled substance on the
   57         same prescription blank with another prescription
   58         order for a controlled substance that is named or
   59         described in a different schedule; prohibiting the
   60         issuance of a prescription order for a controlled
   61         substance on the same prescription blank as a
   62         prescription order for a medicinal drug; providing
   63         that a prescription obtained in violation of state
   64         law, or obtained through misrepresentation, fraud,
   65         forgery, deception, or subterfuge, is not a valid
   66         prescription; amending s. 893.02, F.S.; redefining the
   67         term “prescription” as it relates to the Florida
   68         Comprehensive Drug Abuse Prevention and Control Act to
   69         clarify that a prescription obtained in violation of
   70         law is not a valid prescription; amending s. 893.055,
   71         F.S.; requiring that a prescriber access information
   72         in the prescription drug monitoring database before
   73         prescribing certain controlled substances listed in s.
   74         893.03, F.S., under certain circumstances; amending s.
   75         893.13, F.S.; revising prohibited acts regarding the
   76         distribution of controlled substances; providing an
   77         effective date.
   78  
   79  Be It Enacted by the Legislature of the State of Florida:
   80  
   81         Section 1. Paragraph (a) of subsection (1) and subsection
   82  (3) of section 456.44, Florida Statutes, are amended to read:
   83         456.44 Controlled substance prescribing.—
   84         (1) DEFINITIONS.—
   85         (a) “Addiction medicine specialist” means a board-certified
   86  psychiatrist who holds physiatrist with a subspecialty
   87  certification in addiction medicine or who is eligible for such
   88  subspecialty certification in addiction medicine, an addiction
   89  medicine physician who is certified or eligible for
   90  certification by the American Society of Addiction Medicine, or
   91  an osteopathic physician who holds a certificate of added
   92  qualification in Addiction Medicine through the American
   93  Osteopathic Association.
   94         (3) STANDARDS OF PRACTICE.—The standards of practice in
   95  this section do not supersede the level of care, skill, and
   96  treatment recognized in general law related to health care
   97  licensure.
   98         (a) A complete medical history and a physical examination
   99  must be conducted before beginning any treatment and must be
  100  documented in the medical record. The exact components of the
  101  physical examination shall be left to the judgment of the
  102  clinician who is expected to perform a physical examination
  103  proportionate to the diagnosis that justifies a treatment. The
  104  medical record must, at a minimum, document the nature and
  105  intensity of the pain, current and past treatments for pain,
  106  underlying or coexisting diseases or conditions, the effect of
  107  the pain on physical and psychological function, a review of
  108  previous medical records, previous diagnostic studies, and
  109  history of alcohol and substance abuse. The medical record must
  110  shall also document the presence of one or more recognized
  111  medical indications for the use of a controlled substance. Each
  112  registrant must develop a written plan for assessing each
  113  patient’s risk of aberrant drug-related behavior, which may
  114  include patient drug testing. Registrants must assess each
  115  patient’s risk for aberrant drug-related behavior and monitor
  116  that risk on an ongoing basis in accordance with the plan.
  117         (b) Each registrant must develop a written individualized
  118  treatment plan for each patient. The treatment plan must shall
  119  state objectives that will be used to determine treatment
  120  success, such as pain relief and improved physical and
  121  psychosocial function, and must shall indicate if any further
  122  diagnostic evaluations or other treatments are planned. After
  123  treatment begins, the physician shall adjust drug therapy to the
  124  individual medical needs of each patient. Other treatment
  125  modalities, including a rehabilitation program, shall be
  126  considered depending on the etiology of the pain and the extent
  127  to which the pain is associated with physical and psychosocial
  128  impairment. The interdisciplinary nature of the treatment plan
  129  shall be documented.
  130         (c) The physician shall discuss the risks and benefits of
  131  the use of controlled substances, including the risks of abuse
  132  and addiction, as well as physical dependence and its
  133  consequences, with the patient, persons designated by the
  134  patient, or the patient’s surrogate or guardian if the patient
  135  is incompetent. The physician shall use a written controlled
  136  substance agreement between the physician and the patient
  137  outlining the patient’s responsibilities, including, but not
  138  limited to:
  139         1. Number and frequency of prescriptions and refills for
  140  controlled substances substance prescriptions and refills.
  141         2. Patient compliance and reasons for which drug therapy
  142  may be discontinued, such as a violation of the agreement.
  143         3. An agreement that controlled substances for the
  144  treatment of chronic nonmalignant pain shall be prescribed by a
  145  single treating physician unless otherwise authorized by the
  146  treating physician and documented in the medical record.
  147         (d) The patient shall be seen by the physician at regular
  148  intervals, not to exceed 3 months, to assess the efficacy of
  149  treatment, ensure that controlled-substance controlled substance
  150  therapy remains indicated, evaluate the patient’s progress
  151  toward treatment objectives, consider adverse drug effects, and
  152  review the etiology of the pain. Continuation or modification of
  153  therapy depends shall depend on the physician’s evaluation of
  154  the patient’s progress. If treatment goals are not being
  155  achieved, despite medication adjustments, the physician shall
  156  reevaluate the appropriateness of continued treatment. The
  157  physician shall monitor patient compliance in medication usage,
  158  related treatment plans, controlled substance agreements, and
  159  indications of substance abuse or diversion at a minimum of 3
  160  month intervals.
  161         (e) The physician shall refer the patient as necessary for
  162  additional evaluation and treatment in order to achieve
  163  treatment objectives. Special attention shall be given to those
  164  patients who are at risk for misusing their medications and
  165  those whose living arrangements pose a risk for medication
  166  misuse or diversion. The management of pain in patients with a
  167  history of substance abuse or with a comorbid psychiatric
  168  disorder requires extra care, monitoring, and documentation and
  169  requires consultation with or referral to an addictionologist or
  170  psychiatrist physiatrist.
  171         (f) A physician registered under this section must maintain
  172  accurate, current, and complete records that are accessible and
  173  readily available for review and comply with the requirements of
  174  this section, the applicable practice act, and applicable board
  175  rules. The medical records must include, but are not limited to:
  176         1. The complete medical history and a physical examination,
  177  including history of drug abuse or dependence.
  178         2. Diagnostic, therapeutic, and laboratory results.
  179         3. Evaluations and consultations.
  180         4. Treatment objectives.
  181         5. Discussion of risks and benefits.
  182         6. Treatments.
  183         7. Medications, including date, type, dosage, and quantity
  184  prescribed.
  185         8. Instructions and agreements.
  186         9. Periodic reviews.
  187         10. Results of any drug testing.
  188         11. A photocopy of the patient’s government-issued photo
  189  identification.
  190         12. If a written prescription for a controlled substance is
  191  given to the patient, a duplicate of the prescription.
  192         13. The physician’s full name presented in a legible
  193  manner.
  194         (g) Patients with signs or symptoms of substance abuse
  195  shall be immediately referred to a board-certified pain
  196  management physician, an addiction medicine specialist, or a
  197  mental health addiction facility as it pertains to drug abuse or
  198  addiction unless the physician is board-certified or board
  199  eligible in pain management. Throughout the period of time
  200  before receiving the consultant’s report, a prescribing
  201  physician shall clearly and completely document medical
  202  justification for continued treatment with controlled substances
  203  and those steps taken to ensure medically appropriate use of
  204  controlled substances by the patient. Upon receipt of the
  205  consultant’s written report, the prescribing physician shall
  206  incorporate the consultant’s recommendations for continuing,
  207  modifying, or discontinuing the controlled-substance controlled
  208  substance therapy. The resulting changes in treatment shall be
  209  specifically documented in the patient’s medical record.
  210  Evidence or behavioral indications of diversion shall be
  211  followed by discontinuation of the controlled-substance
  212  controlled substance therapy, and the patient shall be
  213  discharged, and all results of testing and actions taken by the
  214  physician shall be documented in the patient’s medical record.
  215         (h) When a pharmacy subject to this section receives a
  216  prescription, the prescription is deemed compliant with the
  217  standards of practice under this section and, therefore, valid
  218  for dispensing.
  219  
  220  This subsection does not apply to a board-certified
  221  anesthesiologist, physiatrist, psychiatrist, rheumatologist, or
  222  neurologist, or to a board-certified physician who has surgical
  223  privileges at a hospital or ambulatory surgery center and
  224  primarily provides surgical services. This subsection does not
  225  apply to a board-certified medical specialist who has also
  226  completed a fellowship in pain medicine approved by the
  227  Accreditation Council for Graduate Medical Education or the
  228  American Osteopathic Association, or who is board certified in
  229  pain medicine by a board approved by the American Board of
  230  Medical Specialties or the American Osteopathic Association and
  231  performs interventional pain procedures of the type routinely
  232  billed using surgical codes.
  233         Section 2. Paragraph (a) of subsection (1) of section
  234  458.3265, Florida Statutes, is amended to read:
  235         458.3265 Pain-management clinics.—
  236         (1) REGISTRATION.—
  237         (a)1. As used in this section, the term:
  238         a. “Chronic nonmalignant pain” means pain unrelated to
  239  cancer or rheumatoid arthritis which persists beyond the usual
  240  course of disease or beyond the injury that is the cause of the
  241  pain or which persists more than 90 days after surgery.
  242         b. “Pain-management clinic” or “clinic” means any publicly
  243  or privately owned facility:
  244         (I) That advertises in any medium for any type of pain
  245  management services; or
  246         (II) Where in any month a majority of patients are
  247  prescribed opioids, benzodiazepines, barbiturates, or
  248  carisoprodol for the treatment of chronic nonmalignant pain.
  249         2. Each pain-management clinic must register with the
  250  department unless:
  251         a. The That clinic is licensed as a facility pursuant to
  252  chapter 395;
  253         b. The majority of the physicians who provide services in
  254  the clinic primarily provide primarily surgical services;
  255         c. The clinic is owned by a publicly held corporation whose
  256  shares are traded on a national exchange or on the over-the
  257  counter market and whose total assets at the end of the
  258  corporation’s most recent fiscal quarter exceeded $50 million;
  259         d. The clinic is affiliated with an accredited medical
  260  school at which training is provided for medical students,
  261  residents, or fellows;
  262         e. The clinic does not prescribe controlled substances for
  263  the treatment of pain;
  264         f. The clinic is owned by a corporate entity exempt from
  265  federal taxation under 26 U.S.C. s. 501(c)(3);
  266         g. The clinic is wholly owned and operated by one or more
  267  board-certified anesthesiologists, physiatrists, psychiatrists,
  268  rheumatologists, or neurologists; or
  269         h. The clinic is wholly owned and operated by one or more
  270  board-certified medical specialists who have also completed
  271  fellowships in pain medicine approved by the Accreditation
  272  Council for Graduate Medical Education, or who are also board
  273  certified in pain medicine by a board approved by the American
  274  Board of Medical Specialties and perform interventional pain
  275  procedures of the type routinely billed using surgical codes.
  276         Section 3. Paragraph (a) of subsection (1) of section
  277  459.0137, Florida Statutes, is amended to read:
  278         459.0137 Pain-management clinics.—
  279         (1) REGISTRATION.—
  280         (a)1. As used in this section, the term:
  281         a. “Chronic nonmalignant pain” means pain unrelated to
  282  cancer or rheumatoid arthritis which persists beyond the usual
  283  course of disease or beyond the injury that is the cause of the
  284  pain or which persists more than 90 days after surgery.
  285         b. “Pain-management clinic” or “clinic” means any publicly
  286  or privately owned facility:
  287         (I) That advertises in any medium for any type of pain
  288  management services; or
  289         (II) Where in any month a majority of patients are
  290  prescribed opioids, benzodiazepines, barbiturates, or
  291  carisoprodol for the treatment of chronic nonmalignant pain.
  292         2. Each pain-management clinic must register with the
  293  department unless:
  294         a. The That clinic is licensed as a facility pursuant to
  295  chapter 395;
  296         b. The majority of the physicians who provide services in
  297  the clinic primarily provide primarily surgical services;
  298         c. The clinic is owned by a publicly held corporation whose
  299  shares are traded on a national exchange or on the over-the
  300  counter market and whose total assets at the end of the
  301  corporation’s most recent fiscal quarter exceeded $50 million;
  302         d. The clinic is affiliated with an accredited medical
  303  school at which training is provided for medical students,
  304  residents, or fellows;
  305         e. The clinic does not prescribe controlled substances for
  306  the treatment of pain;
  307         f. The clinic is owned by a corporate entity exempt from
  308  federal taxation under 26 U.S.C. s. 501(c)(3);
  309         g. The clinic is wholly owned and operated by one or more
  310  board-certified anesthesiologists, physiatrists, psychiatrists,
  311  rheumatologists, or neurologists; or
  312         h. The clinic is wholly owned and operated by one or more
  313  board-certified medical specialists who have also completed
  314  fellowships in pain medicine approved by the Accreditation
  315  Council for Graduate Medical Education or the American
  316  Osteopathic Association, or who are also board-certified in pain
  317  medicine by a board approved by the American Board of Medical
  318  Specialties or the American Osteopathic Association and perform
  319  interventional pain procedures of the type routinely billed
  320  using surgical codes.
  321         Section 4. Subsection (3) of section 465.015, Florida
  322  Statutes, is amended to read:
  323         465.015 Violations and penalties.—
  324         (3)(a) It is unlawful for any pharmacist to knowingly fail
  325  to report any instance in which the pharmacist knows or believes
  326  that a person obtained or attempted to obtain, through a
  327  fraudulent method or representation, a controlled substance as
  328  defined in s. 893.02 from the pharmacy at which the pharmacist
  329  practices pharmacy. The pharmacist shall report to the sheriff
  330  or other chief law enforcement agency of the county where the
  331  pharmacy is located within 24 hours after learning of the fraud
  332  or attempted fraud any instance in which a person obtained or
  333  attempted to obtain a controlled substance, as defined in s.
  334  893.02, or at the close of business on the next business day,
  335  whichever occurs is later, that the pharmacist knew or believed
  336  was obtained or attempted to be obtained through fraudulent
  337  methods or representations from the pharmacy at which the
  338  pharmacist practiced pharmacy. Any pharmacist who knowingly
  339  fails to make such a report within 24 hours after learning of
  340  the fraud or attempted fraud or at the close of business on the
  341  next business day, whichever occurs is later, commits a
  342  misdemeanor of the first degree, punishable as provided in s.
  343  775.082 or s. 775.083.
  344         (b) A sufficient report of the fraudulent obtaining of a
  345  controlled substance substances under this subsection must
  346  contain, at a minimum, a copy of the prescription used or
  347  presented and a narrative, including all information available
  348  to the pharmacist concerning the transaction, such as the name
  349  and telephone number of the prescribing physician; the name,
  350  description, and any personal identification information
  351  pertaining to the person who presented the prescription; and all
  352  other material information, such as photographic or video
  353  surveillance of the transaction. Any sheriff or chief law
  354  enforcement officer of a jurisdiction, or the agent of any such
  355  person, who receives a report from a pharmacist under this
  356  subsection must receive and document such report. If the sheriff
  357  or chief law enforcement officer of a jurisdiction, or the agent
  358  of any such person, refuses to take the pharmacist’s report, the
  359  pharmacist shall be deemed to have complied with this subsection
  360  if the pharmacist documents such refusal.
  361         Section 5. Subsection (5) of section 465.022, Florida
  362  Statutes, is amended to read:
  363         465.022 Pharmacies; general requirements; fees.—
  364         (5) The department or board shall deny an application for a
  365  pharmacy permit if the applicant or an affiliated person,
  366  partner, officer, director, or prescription department manager,
  367  health care practitioner, or consultant pharmacist of record of
  368  the applicant:
  369         (a) Has obtained a permit by misrepresentation or fraud.
  370         (b) Has attempted to procure, or has procured, a permit for
  371  any other person by making, or causing to be made, any false
  372  representation.
  373         (c) Has been convicted of, or entered a plea of guilty or
  374  nolo contendere to, regardless of adjudication, a crime in any
  375  jurisdiction which relates to the practice of, or the ability to
  376  practice, the profession of pharmacy.
  377         (d) Has been convicted of, or entered a plea of guilty or
  378  nolo contendere to, regardless of adjudication, a crime in any
  379  jurisdiction which relates to health care fraud.
  380         (e) Has been convicted of, or entered a plea of guilty or
  381  nolo contendere to, regardless of adjudication, a felony under
  382  chapter 409, chapter 817, or chapter 893, or a similar felony
  383  offense committed in another state or jurisdiction, since July
  384  1, 2009.
  385         (f) Has been convicted of, or entered a plea of guilty or
  386  nolo contendere to, regardless of adjudication, a felony under
  387  21 U.S.C. ss. 801-970 or 42 U.S.C. ss. 1395-1396 since July 1,
  388  2009.
  389         (g) Has been terminated for cause from the Florida Medicaid
  390  program pursuant to s. 409.913, unless the applicant has been in
  391  good standing with the Florida Medicaid program for the most
  392  recent 5-year period.
  393         (h) Has been terminated for cause, pursuant to the appeals
  394  procedures established by the state, from any other state
  395  Medicaid program, unless the applicant has been in good standing
  396  with a state Medicaid program for the most recent 5-year period
  397  and the termination occurred at least 20 years before the date
  398  of the application.
  399         (i) Is currently listed on the List of Excluded Individuals
  400  and Entities that is maintained by the United States Department
  401  of Health and Human Services Office of Inspector General
  402  General’s List of Excluded Individuals and Entities.
  403         (j) Has dispensed any medicinal drug based upon a
  404  communication that purports to be a prescription as defined by
  405  s. 465.003(14) or s. 893.02 when the pharmacist knows or has
  406  reason to believe that the purported prescription is not based
  407  upon a valid practitioner-patient relationship that includes a
  408  documented patient evaluation, including history and a physical
  409  examination adequate to establish the diagnosis for which any
  410  drug is prescribed and any other requirement established by
  411  board rule under chapter 458, chapter 459, chapter 461, chapter
  412  463, chapter 464, or chapter 466.
  413         (k) Has been convicted of, or entered a plea of guilty or
  414  nolo contendere to, regardless of adjudication, a felony under
  415  s. 893.13(7)(b).
  416  
  417  For felonies in which the defendant entered a plea of guilty or
  418  nolo contendere in an agreement with the court to enter a
  419  pretrial intervention or drug diversion program, the department
  420  shall deny the application if, upon final resolution of the
  421  case, the licensee has failed to successfully complete the
  422  program.
  423         Section 6. Subsection (1) of section 465.023, Florida
  424  Statutes, is amended to read:
  425         465.023 Pharmacy permittee; disciplinary action.—
  426         (1) The department or the board may revoke or suspend the
  427  permit of any pharmacy permittee, and may fine, place on
  428  probation, or otherwise discipline any pharmacy permittee if the
  429  permittee, or any affiliated person, partner, officer, health
  430  care practitioner, director, or agent of the permittee,
  431  including a person fingerprinted under s. 465.022(3), has:
  432         (a) Obtained a permit by misrepresentation or fraud or
  433  through an error of the department or the board;
  434         (b) Attempted to procure, or has procured, a permit for any
  435  other person by making, or causing to be made, any false
  436  representation;
  437         (c) Violated any of the requirements of this chapter or any
  438  of the rules of the Board of Pharmacy; of chapter 499, known as
  439  the “Florida Drug and Cosmetic Act”; of 21 U.S.C. ss. 301-392,
  440  known as the “Federal Food, Drug, and Cosmetic Act”; of 21
  441  U.S.C. ss. 821 et seq., known as the Comprehensive Drug Abuse
  442  Prevention and Control Act; or of chapter 893;
  443         (d) Been convicted or found guilty, regardless of
  444  adjudication, of a felony or any other crime involving moral
  445  turpitude in any of the courts of this state, of any other
  446  state, or of the United States;
  447         (e) Been convicted or disciplined by a regulatory agency of
  448  the Federal Government or a regulatory agency of another state
  449  for any offense that would constitute a violation of this
  450  chapter;
  451         (f) Been convicted of, or entered a plea of guilty or nolo
  452  contendere to, regardless of adjudication, a crime in any
  453  jurisdiction which relates to the practice of, or the ability to
  454  practice, the profession of pharmacy;
  455         (g) Been convicted of, or entered a plea of guilty or nolo
  456  contendere to, regardless of adjudication, a crime in any
  457  jurisdiction which relates to health care fraud; or
  458         (h) Dispensed any medicinal drug based upon a communication
  459  that purports to be a prescription as defined by s. 465.003(14)
  460  or s. 893.02 when the pharmacist knows or has reason to believe
  461  that the purported prescription is not based upon a valid
  462  practitioner-patient relationship that includes a documented
  463  patient evaluation, including history and a physical examination
  464  adequate to establish the diagnosis for which any drug is
  465  prescribed and any other requirement established by board rule
  466  under chapter 458, chapter 459, chapter 461, chapter 463,
  467  chapter 464, or chapter 466; or.
  468         (i) Been convicted of, or entered a plea of guilty or nolo
  469  contendere to, regardless of adjudication, a felony under s.
  470  893.13(7)(b).
  471         Section 7. Subsection (56) is added to section 499.003,
  472  Florida Statutes, to read:
  473         499.003 Definitions of terms used in this part.—As used in
  474  this part, the term:
  475         (56) “Prescription” means an order for drugs or medicinal
  476  supplies written, signed, or transmitted by word of mouth,
  477  telephone, telegram, or other means of communication by a duly
  478  licensed practitioner licensed in this state to prescribe such
  479  drugs or medicinal supplies, issued in good faith and in the
  480  course of professional practice, intended to be filled,
  481  compounded, or dispensed by another person licensed in this
  482  state to do so, and meeting the requirements of s. 893.04. The
  483  term also includes an order for drugs or medicinal supplies so
  484  transmitted or written by a physician, dentist, veterinarian, or
  485  other practitioner licensed to practice in another state.
  486         Section 8. Section 499.0032, Florida Statutes, is created
  487  to read:
  488         499.0032Prescriptions.—A pharmacist licensed in this state
  489  may fill a prescription for drugs or medicinal supplies which is
  490  transmitted or written by a physician, dentist, veterinarian, or
  491  other practitioner licensed to practice in another state if the
  492  pharmacist determines, in the exercise of his or her
  493  professional judgment, that the order was issued pursuant to a
  494  valid patient-physician relationship, that it is authentic, and
  495  that the drugs or medicinal supplies so ordered are considered
  496  necessary for the continuation of treatment of a chronic or
  497  recurrent illness. However, if the physician writing the
  498  prescription is not known to the pharmacist, the pharmacist
  499  shall obtain proof to a reasonable certainty of the validity of
  500  the prescription. A prescription order for a controlled
  501  substance may not be issued on the same prescription blank with
  502  another prescription order for a controlled substance that is
  503  named or described in a different schedule. A prescription order
  504  for a controlled substance may not be issued on the same
  505  prescription blank as a prescription order for a medicinal drug,
  506  as defined in s. 465.003(8), which does not fall within the
  507  definition of a controlled substance as defined in s. 893.02. A
  508  prescription obtained in violation of state law, or obtained
  509  through misrepresentation, fraud, forgery, deception, or
  510  subterfuge is not a valid prescription.
  511         Section 9. Subsection (22) of section 893.02, Florida
  512  Statutes, is amended to read:
  513         893.02 Definitions.—The following words and phrases as used
  514  in this chapter shall have the following meanings, unless the
  515  context otherwise requires:
  516         (22) “Prescription” means and includes an order for drugs
  517  or medicinal supplies written, signed, or transmitted by word of
  518  mouth, telephone, telegram, or other means of communication by a
  519  duly licensed practitioner licensed by the laws of the state to
  520  prescribe such drugs or medicinal supplies, issued in good faith
  521  and in the course of professional practice, intended to be
  522  filled, compounded, or dispensed by another person licensed by
  523  the laws of the state to do so, and meeting the requirements of
  524  s. 893.04. The term also includes an order for drugs or
  525  medicinal supplies so transmitted or written by a physician,
  526  dentist, veterinarian, or other practitioner licensed to
  527  practice in a state other than Florida, but only if the
  528  pharmacist called upon to fill such an order determines, in the
  529  exercise of his or her professional judgment, that the order was
  530  issued pursuant to a valid patient-physician relationship, that
  531  it is authentic, and that the drugs or medicinal supplies so
  532  ordered are considered necessary for the continuation of
  533  treatment of a chronic or recurrent illness. However, if the
  534  physician writing the prescription is not known to the
  535  pharmacist, the pharmacist shall obtain proof to a reasonable
  536  certainty of the validity of said prescription. A prescription
  537  order for a controlled substance shall not be issued on the same
  538  prescription blank with another prescription order for a
  539  controlled substance which is named or described in a different
  540  schedule, nor shall any prescription order for a controlled
  541  substance be issued on the same prescription blank as a
  542  prescription order for a medicinal drug, as defined in s.
  543  465.003(8), which does not fall within the definition of a
  544  controlled substance as defined in this act. A prescription
  545  obtained in violation of state law or through misrepresentation,
  546  fraud, forgery, deception, or subterfuge is not a valid
  547  prescription.
  548         Section 10. Paragraph (b) of subsection (7) of section
  549  893.055, Florida Statutes, is amended to read:
  550         893.055 Prescription drug monitoring program.—
  551         (7)
  552         (b)1. A pharmacy, prescriber, or dispenser shall have
  553  access to information in the prescription drug monitoring
  554  program’s database which relates to a patient of that pharmacy,
  555  prescriber, or dispenser in a manner established by the
  556  department as needed for the purpose of reviewing the patient’s
  557  controlled substance prescription history. Before prescribing a
  558  controlled substance listed in Schedule II, Schedule III, or
  559  Schedule IV in s. 893.03, a prescriber must access information
  560  in the prescription drug monitoring database for the purpose of
  561  reviewing the patient’s controlled substance prescription
  562  history and must indicate on the face of the prescription that
  563  such review was completed.
  564         2. A dispensing pharmacist who:
  565         a. Believes, or reasonably should believe, that a patient
  566  has been prescribed a controlled substance listed in Schedule
  567  II, Schedule III, or Schedule IV in s. 893.03 by a prescriber
  568  who has not reviewed the prescription drug monitoring database
  569  for the purpose of reviewing the patient’s controlled substance
  570  prescription history; or
  571         b. Does not have any prior dispensing history or
  572  relationship with the patient for whom the controlled substance
  573  prescription was written,
  574  
  575  must access information in the prescription drug monitoring
  576  database for the purpose of reviewing the patient’s controlled
  577  substance prescription history and may not dispense the
  578  controlled substance prescription if there is any clear pattern
  579  of doctor-shopping or fraudulent activity by the patient
  580  presenting the prescription. Notwithstanding any other provision
  581  of law, the dispensing pharmacist is not obligated to review the
  582  prescription drug monitoring database before dispensing any
  583  prescription for any hospice patient or established patient of
  584  the pharmacy. A pharmacist may orally confirm a prescriber’s
  585  compliance with this paragraph and document such confirmation on
  586  the prescription.
  587         3. Other access to the program’s database shall be limited
  588  to the program program’s manager and to the designated program
  589  and support staff, who may act only at the direction of the
  590  program manager or, in the absence of the program manager, as
  591  authorized. Access by the program manager or such designated
  592  staff is for prescription drug program management only or for
  593  management of the program’s database and its system in support
  594  of the requirements of this section and in furtherance of the
  595  prescription drug monitoring program. Confidential and exempt
  596  information in the database shall be released only as provided
  597  in paragraph (c) and s. 893.0551. The program manager, the
  598  designated program and support staff who act at the direction of
  599  or in the absence of the program manager, and any individual who
  600  has similar access regarding the management of the database from
  601  the prescription drug monitoring program shall submit
  602  fingerprints to the department for background screening. The
  603  department shall follow the procedure established by the
  604  Department of Law Enforcement to request a statewide criminal
  605  history record check and to request that the Department of Law
  606  Enforcement forward the fingerprints to the Federal Bureau of
  607  Investigation for a national criminal history record check.
  608         Section 11. Paragraph (a) of subsection (7) of section
  609  893.13, Florida Statutes, is amended to read:
  610         893.13 Prohibited acts; penalties.—
  611         (7)(a) A person may not:
  612         1. Distribute or dispense a controlled substance in
  613  violation of this chapter.
  614         2. Refuse or fail to make, keep, or furnish any record,
  615  notification, order form, statement, invoice, or information
  616  required under this chapter.
  617         3. Refuse entry into any premises for any inspection or
  618  refuse to allow any inspection authorized by this chapter.
  619         4. Distribute a controlled substance named or described in
  620  s. 893.03(1) or (2) except pursuant to an order form as required
  621  by s. 893.06.
  622         5. Keep or maintain any store, shop, warehouse, dwelling,
  623  building, vehicle, boat, aircraft, or other structure or place
  624  which is resorted to by persons using controlled substances in
  625  violation of this chapter for the purpose of using these
  626  substances, or which is used for keeping or selling them in
  627  violation of this chapter.
  628         6. Use to his or her own personal advantage, or reveal, any
  629  information obtained in enforcement of this chapter except in a
  630  prosecution or administrative hearing for a violation of this
  631  chapter.
  632         7. Possess a prescription form which has not been completed
  633  and signed by the practitioner whose name appears printed
  634  thereon, unless the person is that practitioner, is an agent or
  635  employee of that practitioner, is a pharmacist, or is a supplier
  636  of prescription forms who is authorized by that practitioner to
  637  possess those forms.
  638         8. Fail to affirmatively disclose to Withhold information
  639  from a practitioner or pharmacist from whom the person acquires
  640  or obtains, or attempts to acquire or seeks to obtain, a
  641  controlled substance or a prescription for a controlled
  642  substance that the person acquired or obtained making the
  643  request has received a controlled substance or a prescription
  644  for a controlled substance of like therapeutic use from another
  645  practitioner within the previous 30 days, the name of the
  646  prescribing practitioner from whom such previous prescription
  647  was sought, the quantity, and the dosage.
  648         9. Acquire or obtain, or attempt to acquire or obtain,
  649  possession of a controlled substance by misrepresentation,
  650  fraud, forgery, deception, or subterfuge.
  651         10. Affix any false or forged label to a package or
  652  receptacle containing a controlled substance.
  653         11. Furnish false or fraudulent material information in, or
  654  omit any material information from, any report or other document
  655  required to be kept or filed under this chapter or any record
  656  required to be kept by this chapter.
  657         12. Store anhydrous ammonia in a container that is not
  658  approved by the United States Department of Transportation to
  659  hold anhydrous ammonia or is not constructed in accordance with
  660  sound engineering, agricultural, or commercial practices.
  661         13. With the intent to obtain a controlled substance or
  662  combination of controlled substances that are not medically
  663  necessary for the person or an amount of a controlled substance
  664  or substances that is not medically necessary for the person,
  665  obtain or attempt to obtain from a practitioner a controlled
  666  substance or a prescription for a controlled substance by
  667  misrepresentation, fraud, forgery, deception, subterfuge, or
  668  concealment of a material fact. For purposes of this
  669  subparagraph, a material fact includes whether the person has an
  670  existing prescription for a controlled substance issued for the
  671  same period of time by another practitioner or as described in
  672  subparagraph 8.
  673         Section 12. This act shall take effect October 1, 2012.