Florida Senate - 2018                                    SB 1372
       By Senator Taddeo
       40-01151-18                                           20181372__
    1                        A bill to be entitled                      
    2         An act relating to drug safety; amending s. 893.04,
    3         F.S.; prohibiting a pharmacist or practitioner from
    4         dispensing specified opioids unless the prescription
    5         bottle or container has applied to it a warning
    6         sticker approved by the Department of Health which
    7         meets certain requirements; amending s. 893.055, F.S.;
    8         requiring pharmacies to offer for sale prescription
    9         lock boxes; requiring pharmacies to display a
   10         specified sign; defining the term “prescription lock
   11         box”; authorizing the department to develop and
   12         distribute a pamphlet containing certain information;
   13         requiring the distribution of the pamphlet by
   14         pharmacists under certain circumstances; prohibiting a
   15         pharmacy from charging consumers a fee for the
   16         pamphlet; providing an effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Present subsection (4) of section 893.04,
   21  Florida Statutes, is renumbered as subsection (5), and a new
   22  subsection (4) is added to that section, to read:
   23         893.04 Pharmacist and practitioner.—
   24         (4)A pharmacist or practitioner may not dispense a newly
   25  prescribed prescription opioid listed in Schedule II, including
   26  one that is compounded by a pharmacist under a prescription or
   27  by a practitioner, unless the prescription bottle or container
   28  in which the controlled substance is delivered to the user has
   29  applied to it a warning sticker approved by the department which
   30  warns users concerning the addictive nature of opioids and the
   31  risks of overdoses. Such a label may also refer users to
   32  additional resources about opioid addiction. The label must be
   33  red with text large enough to be legible and placed on the cap
   34  of the bottle in which the opioid is dispensed. If a bottle is
   35  not used to dispense the opioid, the label must be on a
   36  noticeable area of the container in which the opioid is
   37  dispensed.
   38         Section 2. Present subsections (15) through (18) of section
   39  893.055, Florida Statutes, are renumbered as subsections (17)
   40  through (20), respectively, and new subsections (15) and (16)
   41  are added to that section, to read:
   42         893.055 Prescription drug monitoring program.—
   43         (15)Pharmacies shall offer for sale prescription lock
   44  boxes at each store location. Pharmacies shall make customers
   45  aware of the availability of the prescription lock boxes by
   46  displaying a sign on or near the pharmacy counter which measures
   47  at least 4 inches by 5 inches and includes the statement, in a
   48  legibly printed font, “Prescription Lock Boxes for Securing Your
   49  Prescription Medications Are Available at This Pharmacy.” As
   50  used in this subsection, the term “prescription lock box” means
   51  a box or a bag with a locking mechanism that cannot be tampered
   52  with or opened without the application of extreme force.
   53         (16)(a)The department may develop a written pamphlet
   54  relating to controlled substances which includes educational
   55  information about the following:
   56         1.Precautions regarding the use of pain management
   57  prescriptions.
   58         2.The potential for misuse and abuse of controlled
   59  substances by adults and children.
   60         3.The risk of controlled substance dependency and
   61  addiction.
   62         4.The proper storage and disposal of controlled
   63  substances.
   64         5.Controlled substance addiction support and treatment
   65  resources.
   66         6.Telephone helplines and website links that provide
   67  counseling and emergency assistance for individuals dealing with
   68  substance abuse.
   69         (b)If the department develops a written pamphlet relating
   70  to controlled substances, the department must distribute copies
   71  of the pamphlet to pharmacies throughout the state and must make
   72  the contents of the pamphlet available in electronic form on its
   73  website. If copies of the pamphlet are provided by the
   74  department, a pharmacist must distribute the pamphlet to a
   75  consumer when dispensing a prescription or a controlled
   76  substance and offer them to consumers in a display. Pharmacies
   77  may not charge consumers a fee for the pamphlet.
   78         Section 3. This act shall take effect January 1, 2019.