Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 557
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .           Floor: CA            
             04/28/2017 02:59 PM       .      05/03/2017 11:40 AM       

       Senator Clemens moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The Legislature finds that the road to drug
    6  addiction may begin as early as 3 days after the initiation of
    7  opioid treatment for acute pain. Because of the potentially
    8  devastating effects of such addiction, the Legislature also
    9  finds that awareness of this potentially life-threatening
   10  problem must be raised among Florida’s practitioners. Before
   11  December 31, 2017, each physician licensed pursuant to chapter
   12  458, Florida Statutes, or chapter 459, Florida Statutes, who is
   13  registered with the United States Drug Enforcement
   14  Administration to prescribe controlled substances pursuant to 21
   15  U.S.C. s. 822 shall complete a 2-hour continuing education
   16  course offered by a statewide professional association of
   17  physicians in this state which is accredited to provide
   18  educational activities designated for the American Medical
   19  Association Physician’s Recognition Award (AMA PRA) Category 1
   20  Credit or the American Osteopathic Association (AOA) Category 1
   21  A continuing medical education (CME) credit. The course must
   22  contain information on the current standards regarding opiate
   23  prescribing and alternatives to these standards, and information
   24  on the risks of opioid addiction following even brief periods of
   25  treatment in the management of acute pain. The course may be
   26  offered in a distance learning format and must be included
   27  within the number of continuing medical education hours required
   28  by law. Failure to complete the course before December 31, 2017,
   29  constitutes grounds for disciplinary action under s.
   30  456.072(1)(e), Florida Statutes, and chapter 458, Florida
   31  Statutes, or chapter 459, Florida Statutes, as applicable.
   32  Effective January 1, 2020, completion of this course is required
   33  as a condition of licensure renewal for every physician
   34  registered with the United States Drug Enforcement
   35  Administration to prescribe controlled substances.
   36         Section 2. Subsection (4), paragraph (g) of subsection (5),
   37  and paragraphs (a) and (b) of subsection (7) of section 893.055,
   38  Florida Statutes, are amended to read:
   39         893.055 Prescription drug monitoring program.—
   40         (4) Each time a controlled substance is dispensed to an
   41  individual, the controlled substance shall be reported to the
   42  department through the system as soon thereafter as possible,
   43  but no later than the close of the next business day not more
   44  than 7 days after the day date the controlled substance is
   45  dispensed unless an extension is approved by the department for
   46  cause as determined by rule. A dispenser must meet the reporting
   47  requirements of this section by submitting via the department
   48  approved electronic system providing the required information
   49  concerning each controlled substance that it dispensed in a
   50  department-approved, secure methodology and format. Such
   51  approved formats may include, but are not limited to, submission
   52  via the Internet, on a disc, or by use of regular mail.
   53         (5) When the following acts of dispensing or administering
   54  occur, the following are exempt from reporting under this
   55  section for that specific act of dispensing or administration:
   56         (g) A rehabilitative hospital, assisted living facility, or
   57  nursing home dispensing a certain dosage of a controlled
   58  substance, as needed, to a patient while the patient is present
   59  and receiving care as ordered by the patient’s treating
   60  physician.
   61         (7)(a) A practitioner or pharmacist who dispenses a
   62  controlled substance must submit the information required by
   63  this section in an electronic or other method in an ASAP format
   64  approved by rule of the department unless otherwise provided in
   65  this section. The cost to the dispenser in submitting the
   66  information required by this section may not be material or
   67  extraordinary. Costs not considered to be material or
   68  extraordinary include, but are not limited to, regular postage,
   69  electronic media, regular electronic mail, and facsimile
   70  charges.
   71         (b) A pharmacy, prescriber, or dispenser, or the designee
   72  of a pharmacy, prescriber, or dispenser, shall have access to
   73  information in the prescription drug monitoring program’s
   74  database which relates to a patient of that pharmacy,
   75  prescriber, or dispenser in a manner established by the
   76  department as needed for the purpose of reviewing the patient’s
   77  controlled substance prescription history. An employee of the
   78  United States Department of Veterans Affairs who provides health
   79  care services pursuant to such employment and who has the
   80  authority to prescribe controlled substances shall have access
   81  to the information in the program’s database in a manner
   82  established by the department. Such access is limited to the
   83  information that relates to a patient of such employee and may
   84  be accessed only for the purpose of reviewing the patient’s
   85  controlled substance prescription history. Other access to the
   86  program’s database shall be limited to the program’s manager and
   87  to the designated program and support staff, who may act only at
   88  the direction of the program manager or, in the absence of the
   89  program manager, as authorized. Access by the program manager or
   90  such designated staff is for prescription drug program
   91  management only or for management of the program’s database and
   92  its system in support of the requirements of this section and in
   93  furtherance of the prescription drug monitoring program.
   94  Confidential and exempt information in the database shall be
   95  released only as provided in paragraph (c) and s. 893.0551. The
   96  program manager, designated program and support staff who act at
   97  the direction of or in the absence of the program manager, and
   98  any individual who has similar access regarding the management
   99  of the database from the prescription drug monitoring program
  100  shall submit fingerprints to the department for background
  101  screening. The department shall follow the procedure established
  102  by the Department of Law Enforcement to request a statewide
  103  criminal history record check and to request that the Department
  104  of Law Enforcement forward the fingerprints to the Federal
  105  Bureau of Investigation for a national criminal history record
  106  check.
  107         Section 3. The requirement in s. 893.055(4), Florida
  108  Statutes, as amended by this act, that the dispensing of a
  109  controlled substance be reported to the Department of Health no
  110  later than the next business day shall take effect January 1,
  111  2018.
  112         Section 4. Except as otherwise expressly provided in this
  113  act, this act shall take effect July 1, 2017.
  115  ================= T I T L E  A M E N D M E N T ================
  116  And the title is amended as follows:
  117         Delete everything before the enacting clause
  118  and insert:
  119                        A bill to be entitled                      
  120         An act relating to controlled substance prescribing;
  121         providing legislative findings; requiring that
  122         specified physicians who are registered with the
  123         United States Drug Enforcement Administration to
  124         prescribe controlled substances complete a continuing
  125         education course before a certain date; specifying
  126         requirements for the continuing education course;
  127         authorizing the course to be offered in a distance
  128         learning format; creating grounds for disciplinary
  129         actions for failure to meet the course requirements;
  130         providing that completion of the course is a condition
  131         of licensure renewal as of a certain date; amending s.
  132         893.055, F.S.; revising requirements for reporting the
  133         dispensing of controlled substances; limiting an
  134         exception to reporting requirements for certain
  135         facilities that dispense controlled substances;
  136         authorizing certain employees of the United States
  137         Department of Veterans Affairs access to certain
  138         information in the prescription drug monitoring
  139         program database; specifying when a revised reporting
  140         requirement takes effect; providing effective dates.