Florida Senate - 2017                              CS for SB 840
       
       
        
       By the Committee on Health Policy; and Senator Clemens
       
       
       
       
       
       588-03385-17                                           2017840c1
    1                        A bill to be entitled                      
    2         An act relating to controlled substance prescribing;
    3         amending s. 456.44, F.S.; defining the term “acute
    4         pain”; limiting the quantity of opioids that may be
    5         prescribed for acute pain in certain circumstances;
    6         amending s. 893.055, F.S.; revising requirements for
    7         reporting the dispensing of controlled substances;
    8         limiting an exception to reporting requirements for
    9         certain facilities that dispense controlled
   10         substances; authorizing certain employees of the
   11         United States Department of Veterans Affairs access to
   12         certain information in the prescription drug
   13         monitoring program’s database; specifying when a
   14         revised reporting requirement takes effect; amending
   15         s. 463.0055, F.S.; conforming a cross-reference;
   16         providing effective dates.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraphs (a) through (g) of subsection (1) of
   21  section 456.44, Florida Statutes, are redesignated as paragraphs
   22  (b) through (h), respectively, a new paragraph (a) is added to
   23  that subsection, and subsection (4) is added to that section, to
   24  read:
   25         456.44 Controlled substance prescribing.—
   26         (1) DEFINITIONS.—As used in this section, the term:
   27         (a)“Acute pain” means the normal, predicted,
   28  physiological, and time-limited response to an adverse chemical,
   29  thermal, or mechanical stimulus associated with surgery, trauma,
   30  or acute illness.
   31         (4)INITIAL PRESCRIPTION QUANTITY.—For the initial
   32  prescription of opioids for the treatment or alleviation of
   33  acute pain, the prescription must be limited to a quantity not
   34  to exceed 5 days.
   35         Section 2. Subsection (4), paragraph (g) of subsection (5),
   36  and paragraphs (a) and (b) of subsection (7) of section 893.055,
   37  Florida Statutes, are amended to read:
   38         893.055 Prescription drug monitoring program.—
   39         (4) Each time a controlled substance is dispensed to an
   40  individual, the controlled substance shall be reported to the
   41  department through the system as soon thereafter as possible,
   42  but no later than the close of the next business day not more
   43  than 7 days after the day date the controlled substance is
   44  dispensed unless an extension is approved by the department for
   45  cause as determined by rule. A dispenser must meet the reporting
   46  requirements of this section by submitting via the department
   47  approved electronic system providing the required information
   48  concerning each controlled substance that it dispensed in a
   49  department-approved, secure methodology and format. Such
   50  approved formats may include, but are not limited to, submission
   51  via the Internet, on a disc, or by use of regular mail.
   52         (5) When the following acts of dispensing or administering
   53  occur, the following are exempt from reporting under this
   54  section for that specific act of dispensing or administration:
   55         (g) A rehabilitative hospital, assisted living facility, or
   56  nursing home dispensing a certain dosage of a controlled
   57  substance, as needed, to a patient while the patient is present
   58  and receiving care as ordered by the patient’s treating
   59  physician.
   60         (7)(a) A practitioner or pharmacist who dispenses a
   61  controlled substance must submit the information required by
   62  this section in an electronic or other method in an ASAP format
   63  approved by rule of the department unless otherwise provided in
   64  this section. The cost to the dispenser in submitting the
   65  information required by this section may not be material or
   66  extraordinary. Costs not considered to be material or
   67  extraordinary include, but are not limited to, regular postage,
   68  electronic media, regular electronic mail, and facsimile
   69  charges.
   70         (b) A pharmacy, prescriber, or dispenser, or the designee
   71  of a pharmacy, prescriber, or dispenser, shall have access to
   72  information in the prescription drug monitoring program’s
   73  database which relates to a patient of that pharmacy,
   74  prescriber, or dispenser in a manner established by the
   75  department as needed for the purpose of reviewing the patient’s
   76  controlled substance prescription history. An employee of the
   77  United States Department of Veterans Affairs who provides health
   78  care services pursuant to such employment and has the authority
   79  to prescribe controlled substances shall have access to the
   80  information in the program’s database in a manner established by
   81  the department. Such access is limited to the information that
   82  relates to a patient of such employee and may only be accessed
   83  for the purpose of reviewing the patient’s controlled substance
   84  prescription history. Other access to the program’s database
   85  shall be limited to the program’s manager and to the designated
   86  program and support staff, who may act only at the direction of
   87  the program manager or, in the absence of the program manager,
   88  as authorized. Access by the program manager or such designated
   89  staff is for prescription drug program management only or for
   90  management of the program’s database and its system in support
   91  of the requirements of this section and in furtherance of the
   92  prescription drug monitoring program. Confidential and exempt
   93  information in the database shall be released only as provided
   94  in paragraph (c) and s. 893.0551. The program manager,
   95  designated program and support staff who act at the direction of
   96  or in the absence of the program manager, and any individual who
   97  has similar access regarding the management of the database from
   98  the prescription drug monitoring program shall submit
   99  fingerprints to the department for background screening. The
  100  department shall follow the procedure established by the
  101  Department of Law Enforcement to request a statewide criminal
  102  history record check and to request that the Department of Law
  103  Enforcement forward the fingerprints to the Federal Bureau of
  104  Investigation for a national criminal history record check.
  105         Section 3. The requirement in s. 893.055(4), Florida
  106  Statutes, as amended by this act, that the dispensing of a
  107  controlled substance be reported to the Department of Health no
  108  later than the next business day shall take effect January 1,
  109  2018.
  110         Section 4. Paragraph (b) of subsection (4) of section
  111  463.0055, Florida Statutes, is amended to read:
  112         463.0055 Administration and prescription of ocular
  113  pharmaceutical agents.—
  114         (4) A certified optometrist shall be issued a prescriber
  115  number by the board. Any prescription written by a certified
  116  optometrist for an ocular pharmaceutical agent pursuant to this
  117  section shall have the prescriber number printed thereon. A
  118  certified optometrist may not administer or prescribe:
  119         (b) A controlled substance for the treatment of chronic
  120  nonmalignant pain as defined in s. 456.44 456.44(1)(e).
  121         Section 5. Except as otherwise expressly provided in this
  122  act, this act shall take effect July 1, 2017.