Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 840
       
       
       
       
       
       
                                Ì199576^Î199576                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/17/2017           .                                
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       The Committee on Governmental Oversight and Accountability
       (Clemens) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 20 - 120
    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 physicians. The
   11  Department of Health is directed to include as part of a
   12  physician’s continuing medical education requirements
   13  information on the risks of opioid addiction following even
   14  brief periods of treatment in the management of acute pain.
   15         Section 2. Subsection (4), paragraph (g) of subsection (5),
   16  and paragraphs (a) and (b) of subsection (7) of section 893.055,
   17  Florida Statutes, are amended to read:
   18         893.055 Prescription drug monitoring program.—
   19         (4) Each time a controlled substance is dispensed to an
   20  individual, the controlled substance shall be reported to the
   21  department through the system as soon thereafter as possible,
   22  but no later than the close of the next business day not more
   23  than 7 days after the day date the controlled substance is
   24  dispensed unless an extension is approved by the department for
   25  cause as determined by rule. A dispenser must meet the reporting
   26  requirements of this section by submitting via the department
   27  approved electronic system providing the required information
   28  concerning each controlled substance that it dispensed in a
   29  department-approved, secure methodology and format. Such
   30  approved formats may include, but are not limited to, submission
   31  via the Internet, on a disc, or by use of regular mail.
   32         (5) When the following acts of dispensing or administering
   33  occur, the following are exempt from reporting under this
   34  section for that specific act of dispensing or administration:
   35         (g) A rehabilitative hospital, assisted living facility, or
   36  nursing home dispensing a certain dosage of a controlled
   37  substance, as needed, to a patient while the patient is present
   38  and receiving care as ordered by the patient’s treating
   39  physician.
   40         (7)(a) A practitioner or pharmacist who dispenses a
   41  controlled substance must submit the information required by
   42  this section in an electronic or other method in an ASAP format
   43  approved by rule of the department unless otherwise provided in
   44  this section. The cost to the dispenser in submitting the
   45  information required by this section may not be material or
   46  extraordinary. Costs not considered to be material or
   47  extraordinary include, but are not limited to, regular postage,
   48  electronic media, regular electronic mail, and facsimile
   49  charges.
   50         (b) A pharmacy, prescriber, or dispenser, or the designee
   51  of a pharmacy, prescriber, or dispenser, shall have access to
   52  information in the prescription drug monitoring program’s
   53  database which relates to a patient of that pharmacy,
   54  prescriber, or dispenser in a manner established by the
   55  department as needed for the purpose of reviewing the patient’s
   56  controlled substance prescription history. An employee of the
   57  United States Department of Veterans Affairs who provides health
   58  care services pursuant to such employment and has the authority
   59  to prescribe controlled substances shall have access to the
   60  information in the program’s database in a manner established by
   61  the department. Such access is limited to the information that
   62  relates to a patient of such employee and may be accessed only
   63  for the purpose of reviewing the patient’s controlled substance
   64  prescription history. Other access to the program’s database
   65  shall be limited to the program’s manager and to the designated
   66  program and support staff, who may act only at the direction of
   67  the program manager or, in the absence of the program manager,
   68  as authorized. Access by the program manager or such designated
   69  staff is for prescription drug program management only or for
   70  management of the program’s database and its system in support
   71  of the requirements of this section and in furtherance of the
   72  prescription drug monitoring program. Confidential and exempt
   73  information in the database shall be released only as provided
   74  in paragraph (c) and s. 893.0551. The program manager,
   75  designated program and support staff who act at the direction of
   76  or in the absence of the program manager, and any individual who
   77  has similar access regarding the management of the database from
   78  the prescription drug monitoring program shall submit
   79  fingerprints to the department for background screening. The
   80  department shall follow the procedure established by the
   81  Department of Law Enforcement to request a statewide criminal
   82  history record check and to request that the Department of Law
   83  Enforcement forward the fingerprints to the Federal Bureau of
   84  Investigation for a national criminal history record check.
   85         Section 3. The requirement in s. 893.055(4), Florida
   86  Statutes, as amended by this act, that the dispensing of a
   87  controlled substance be reported to the Department of Health no
   88  later than the next business day shall take effect January 1,
   89  2018.
   90  
   91  ================= T I T L E  A M E N D M E N T ================
   92  And the title is amended as follows:
   93         Delete lines 3 - 15
   94  and insert:
   95         providing legislative findings; directing the
   96         Department of Health to include information on the
   97         risks of opioid addiction as part of a physician’s
   98         continuing medical education requirements; amending s.
   99         893.055, F.S.; revising requirements for reporting the
  100         dispensing of controlled substances; limiting an
  101         exception to reporting requirements for certain
  102         facilities that dispense controlled substances;
  103         authorizing certain employees of the United States
  104         Department of Veterans Affairs access to certain
  105         information in the prescription drug monitoring
  106         program’s database; specifying when a revised
  107         reporting requirement takes effect;