Bill Text: FL H7095 | 2011 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prescription Drugs

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Engrossed - Dead) 2011-05-06 - In returning messages [H7095 Detail]

Download: Florida-2011-H7095-Comm_Sub.html

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CS/HB 7095

1	A bill to be entitled
2	An act relating to controlled substances; amending ss.
3	456.037 and 456.057, F.S.; conforming provisions to
4	changes made by the act; amending s. 456.42, F.S.;
5	requiring prescriptions for controlled substances to be
6	written on a counterfeit-resistant pad produced by an
7	approved vendor or electronically prescribed; repealing s.
8	458.3265, F.S., relating to regulation of pain-management
9	clinics and medical doctors; amending s. 458.327, F.S.;
10	providing that dispensing certain controlled substances in
11	violation of specified provisions is a third-degree
12	felony; deleting references to felonies for certain
13	activities related to pain-management clinics and medical
14	doctors; amending s. 458.331, F.S.; deleting grounds for
15	disciplinary actions against physicians relating to pain-
16	management clinics and advertising controlled substances;
17	repealing s. 459.0137, F.S., relating to pain-management
18	clinics and osteopathic physicians; amending s. 459.013,
19	F.S., relating to penalties for violations; providing that
20	dispensing certain controlled substances in violation of
21	specified provisions is a third-degree felony; deleting
22	provisions relating to felonies for certain activities
23	related to pain-management clinics and osteopathic
24	physicians; amending s. 459.015, F.S.; deleting grounds
25	for disciplinary actions against osteopathic physicians
26	relating to pain-management clinics and advertising
27	controlled substances; amending s. 465.015, F.S.;
28	requiring a pharmacist, pharmacy intern, or other person
29	employed by or at a pharmacy to report to the sheriff
30	within a specified period any instance in which a person
31	fraudulently obtained or attempted to fraudulently obtain
32	a controlled substance; providing criminal penalties;
33	providing requirements for reports; amending s. 465.018,
34	F.S.; limiting the community pharmacies that may dispense
35	controlled substances; providing an exemption; amending s.
36	465.0276, F.S.; prohibiting registered dispensing
37	practitioners from dispensing certain controlled
38	substances; providing an exception; repealing a 72-hour
39	supply limit on dispensing certain controlled substances
40	to certain patients in registered pain-management clinics;
41	providing an exception for dispensing controlled
42	substances in the health care system of the Department of
43	Corrections; amending s. 499.012, F.S.; requiring
44	wholesale distributor permit applicants to submit
45	documentation of credentialing policies; amending s.
46	499.0121, F.S.; providing reporting requirements for
47	wholesale distributors of certain controlled substances;
48	requiring the Department of Health to share the reported
49	data with law enforcement agencies; requiring the
50	Department of Law Enforcement to make investigations based
51	on the reported data; providing credentialing requirements
52	for distribution of controlled substances to certain
53	entities by wholesale distributors; limiting monthly
54	distribution amounts of controlled substances to retail
55	pharmacies; prohibiting distribution to entities with
56	certain criminal backgrounds; amending s. 499.05, F.S.;
57	authorizing rulemaking concerning specified controlled
58	substance wholesale distributor reporting requirements and
59	credentialing requirements; amending s. 499.067, F.S.;
60	requiring the Department of Health to take disciplinary
61	action against wholesale distributors failing to comply
62	with specified credentialing requirements; amending s.
63	810.02, F.S.; authorizing separate judgments and sentences
64	for burglary with the intent to commit theft of a
65	controlled substance under specified provisions and for
66	any applicable possession of controlled substance offense
67	under specified provisions in certain circumstances;
68	amending s. 812.014, F.S.; authorizing separate judgments
69	and sentences for theft of a controlled substance under
70	specified provisions and for any applicable possession of
71	controlled substance offense under specified provisions in
72	certain circumstances; amending s. 893.07, F.S.; providing
73	that law enforcement officers are not required to obtain a
74	subpoena, court order, or search warrant in order to
75	obtain access to or copies of specified controlled
76	substance inventory records; requiring reporting discovery
77	of the theft or loss of controlled substances to the
78	sheriff within a specified period; providing criminal
79	penalties; repealing s. 2 of chapter 2009-198, Laws of
80	Florida, relating to Program Implementation and Oversight
81	Task Force in the Executive Office of the Governor
82	concerning the electronic system established for the
83	prescription drug monitoring program; providing a buyback
84	program for undispensed controlled substance inventory
85	held by specified licensed physicians; requiring reports
86	of program; providing for a declaration of a public health
87	emergency; requiring certain actions relating to
88	dispensing practitioners identified as posing the greatest
89	threat to public health; providing an appropriation;
90	providing for future repeal of program provisions;
91	providing an effective date.
92
93	Be It Enacted by the Legislature of the State of Florida:
94
95	Section 1.  Subsection (5) of section 456.037, Florida
96	Statutes, is amended to read:
97	456.037  Business establishments; requirements for active
98	status licenses; delinquency; discipline; applicability.-
99	(5)  This section applies to any business establishment
100	registered, permitted, or licensed by the department to do
101	business. Business establishments include, but are not limited
102	to, dental laboratories, electrology facilities, massage
103	establishments, and pharmacies, and pain-management clinics
104	required to be registered under s. 458.3265 or s. 459.0137.
105	Section 2.  Subsection (9) of section 456.057, Florida
106	Statutes, is amended to read:
107	456.057  Ownership and control of patient records; report
108	or copies of records to be furnished.-
109	(9)(a)1.  The department may obtain patient records
110	pursuant to a subpoena without written authorization from the
111	patient if the department and the probable cause panel of the
112	appropriate board, if any, find reasonable cause to believe that
113	a health care practitioner has excessively or inappropriately
114	prescribed any controlled substance specified in chapter 893 in
115	violation of this chapter or any professional practice act or
116	that a health care practitioner has practiced his or her
117	profession below that level of care, skill, and treatment
118	required as defined by this chapter or any professional practice
119	act and also find that appropriate, reasonable attempts were
120	made to obtain a patient release. Notwithstanding the foregoing,
121	the department need not attempt to obtain a patient release when
122	investigating an offense involving the inappropriate
123	prescribing, overprescribing, or diversion of controlled
124	substances and the offense involves a pain-management clinic.
125	The department may obtain patient records without patient
126	authorization or subpoena from any pain-management clinic
127	required to be licensed if the department has probable cause to
128	believe that a violation of any provision of s. 458.3265 or s.
129	459.0137 is occurring or has occurred and reasonably believes
130	that obtaining such authorization is not feasible due to the
131	volume of the dispensing and prescribing activity involving
132	controlled substances and that obtaining patient authorization
133	or the issuance of a subpoena would jeopardize the
134	investigation.
135	2.  The department may obtain patient records and insurance
136	information pursuant to a subpoena without written authorization
137	from the patient if the department and the probable cause panel
138	of the appropriate board, if any, find reasonable cause to
139	believe that a health care practitioner has provided inadequate
140	medical care based on termination of insurance and also find
141	that appropriate, reasonable attempts were made to obtain a
142	patient release.
143	3.  The department may obtain patient records, billing
144	records, insurance information, provider contracts, and all
145	attachments thereto pursuant to a subpoena without written
146	authorization from the patient if the department and probable
147	cause panel of the appropriate board, if any, find reasonable
148	cause to believe that a health care practitioner has submitted a
149	claim, statement, or bill using a billing code that would result
150	in payment greater in amount than would be paid using a billing
151	code that accurately describes the services performed, requested
152	payment for services that were not performed by that health care
153	practitioner, used information derived from a written report of
154	an automobile accident generated pursuant to chapter 316 to
155	solicit or obtain patients personally or through an agent
156	regardless of whether the information is derived directly from
157	the report or a summary of that report or from another person,
158	solicited patients fraudulently, received a kickback as defined
159	in s. 456.054, violated the patient brokering provisions of s.
160	817.505, or presented or caused to be presented a false or
161	fraudulent insurance claim within the meaning of s.
162	817.234(1)(a), and also find that, within the meaning of s.
163	817.234(1)(a), patient authorization cannot be obtained because
164	the patient cannot be located or is deceased, incapacitated, or
165	suspected of being a participant in the fraud or scheme, and if
166	the subpoena is issued for specific and relevant records.
167	4.  Notwithstanding subparagraphs 1.-3., when the
168	department investigates a professional liability claim or
169	undertakes action pursuant to s. 456.049 or s. 627.912, the
170	department may obtain patient records pursuant to a subpoena
171	without written authorization from the patient if the patient
172	refuses to cooperate or if the department attempts to obtain a
173	patient release and the failure to obtain the patient records
174	would be detrimental to the investigation.
175	Section 3.  Section 456.42, Florida Statutes, is amended to
176	read:
177	456.42  Written prescriptions for medicinal drugs.-
178	(1)  A written prescription for a medicinal drug issued by
179	a health care practitioner licensed by law to prescribe such
180	drug must be legibly printed or typed so as to be capable of
181	being understood by the pharmacist filling the prescription;
182	must contain the name of the prescribing practitioner, the name
183	and strength of the drug prescribed, the quantity of the drug
184	prescribed, and the directions for use of the drug; must be
185	dated; and must be signed by the prescribing practitioner on the
186	day when issued. A written prescription for a controlled
187	substance listed in chapter 893 must have the quantity of the
188	drug prescribed in both textual and numerical formats and must
189	be dated with the abbreviated month written out on the face of
190	the prescription. However, a prescription that is electronically
191	generated and transmitted must contain the name of the
192	prescribing practitioner, the name and strength of the drug
193	prescribed, the quantity of the drug prescribed in numerical
194	format, and the directions for use of the drug and must be dated
195	and signed by the prescribing practitioner only on the day
196	issued, which signature may be in an electronic format as
197	defined in s. 668.003(4).
198	(2)  A written prescription for a controlled substance
199	listed in chapter 893 must have the quantity of the drug
200	prescribed in both textual and numerical formats and must be
201	dated with the abbreviated month written out on the face of the
202	prescription. A prescription for a controlled substance listed
203	in chapter 893 must be written on a counterfeit-proof
204	prescription pad produced by a vendor approved by the
205	department, or must be electronically prescribed, as that term
206	is used in s. 408.0611.
207	Section 4.  Section 458.3265, Florida Statutes, is
208	repealed.
209	Section 5.  Section 458.327, Florida Statutes, is amended
210	to read:
211	458.327  Penalty for violations.-
212	(1)  Each of the following acts constitutes a felony of the
213	third degree, punishable as provided in s. 775.082, s. 775.083,
214	or s. 775.084:
215	(a)  The practice of medicine or an attempt to practice
216	medicine without a license to practice in Florida.
217	(b)  The use or attempted use of a license which is
218	suspended or revoked to practice medicine.
219	(c)  Attempting to obtain or obtaining a license to
220	practice medicine by knowing misrepresentation.
221	(d)  Attempting to obtain or obtaining a position as a
222	medical practitioner or medical resident in a clinic or hospital
223	through knowing misrepresentation of education, training, or
224	experience.
225	(e)  Dispensing a controlled substance listed in Schedule
226	II or Schedule III in violation of s. 465.0276. Knowingly
227	operating, owning, or managing a nonregistered pain-management
228	clinic that is required to be registered with the Department of
229	Health pursuant to s. 458.3265(1).
230	(2)  Each of the following acts constitutes a misdemeanor
231	of the first degree, punishable as provided in s. 775.082 or s.
232	775.083:
233	(a)  Knowingly concealing information relating to
234	violations of this chapter.
235	(b)  Making any willfully false oath or affirmation
236	whenever an oath or affirmation is required by this chapter.
237	(c)  Referring any patient, for health care goods or
238	services, to a partnership, firm, corporation, or other business
239	entity in which the physician or the physician's employer has an
240	equity interest of 10 percent or more unless, prior to such
241	referral, the physician notifies the patient of his or her
242	financial interest and of the patient's right to obtain such
243	goods or services at the location of the patient's choice. This
244	section does not apply to the following types of equity
245	interest:
246	1.  The ownership of registered securities issued by a
247	publicly held corporation or the ownership of securities issued
248	by a publicly held corporation, the shares of which are traded
249	on a national exchange or the over-the-counter market;
250	2.  A physician's own practice, whether he or she is a sole
251	practitioner or part of a group, when the health care good or
252	service is prescribed or provided solely for the physician's own
253	patients and is provided or performed by the physician or under
254	the physician's supervision; or
255	3.  An interest in real property resulting in a landlord-
256	tenant relationship between the physician and the entity in
257	which the equity interest is held, unless the rent is
258	determined, in whole or in part, by the business volume or
259	profitability of the tenant or is otherwise unrelated to fair
260	market value.
261	(d)  Leading the public to believe that one is licensed as
262	a medical doctor, or is engaged in the licensed practice of
263	medicine, without holding a valid, active license.
264	(e)  Practicing medicine or attempting to practice medicine
265	with an inactive or delinquent license.
266	(f)  Knowingly prescribing or dispensing, or causing to be
267	prescribed or dispensed, controlled substances in a
268	nonregistered pain-management clinic that is required to be
269	registered with the Department of Health pursuant to s.
270	458.3265(1).
271	Section 6.  Paragraphs (oo), (pp), and (qq) of subsection
272	(1) of section 458.331, Florida Statutes, are amended to read:
273	458.331  Grounds for disciplinary action; action by the
274	board and department.-
275	(1)  The following acts constitute grounds for denial of a
276	license or disciplinary action, as specified in s. 456.072(2):
277	(oo)  Dispensing a controlled substance listed in Schedule
278	II or Schedule III in violation of s. 465.0276. Applicable to a
279	licensee who serves as the designated physician of a pain-
280	management clinic as defined in s. 458.3265 or s. 459.0137:
281	1.  Registering a pain-management clinic through
282	misrepresentation or fraud;
283	2.  Procuring, or attempting to procure, the registration
284	of a pain-management clinic for any other person by making or
285	causing to be made, any false representation;
286	3.  Failing to comply with any requirement of chapter 499,
287	the Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the
288	Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq.,
289	the Drug Abuse Prevention and Control Act; or chapter 893, the
290	Florida Comprehensive Drug Abuse Prevention and Control Act;
291	4.  Being convicted or found guilty of, regardless of
292	adjudication to, a felony or any other crime involving moral
293	turpitude, fraud, dishonesty, or deceit in any jurisdiction of
294	the courts of this state, of any other state, or of the United
295	States;
296	5.  Being convicted of, or disciplined by a regulatory
297	agency of the Federal Government or a regulatory agency of
298	another state for, any offense that would constitute a violation
299	of this chapter;
300	6.  Being convicted of, or entering a plea of guilty or
301	nolo contendere to, regardless of adjudication, a crime in any
302	jurisdiction of the courts of this state, of any other state, or
303	of the United States which relates to the practice of, or the
304	ability to practice, a licensed health care profession;
305	7.  Being convicted of, or entering a plea of guilty or
306	nolo contendere to, regardless of adjudication, a crime in any
307	jurisdiction of the courts of this state, of any other state, or
308	of the United States which relates to health care fraud;
309	8.  Dispensing any medicinal drug based upon a
310	communication that purports to be a prescription as defined in
311	s. 465.003(14) or s. 893.02 if the dispensing practitioner knows
312	or has reason to believe that the purported prescription is not
313	based upon a valid practitioner-patient relationship; or
314	9.  Failing to timely notify the board of the date of his
315	or her termination from a pain-management clinic as required by
316	s. 458.3265(2).
317	(pp)  Failing to timely notify the department of the theft
318	of prescription blanks from a pain-management clinic or a breach
319	of other methods for prescribing within 24 hours as required by
320	s. 458.3265(2).
321	(qq)  Promoting or advertising through any communication
322	media the use, sale, or dispensing of any controlled substance
323	appearing on any schedule in chapter 893.
324	Section 7.  Section 459.0137, Florida Statutes, is
325	repealed.
326	Section 8.  Paragraph (e) of subsection (1) and paragraph
327	(d) of subsection (2) of section 459.013, Florida Statutes, are
328	amended to read:
329	459.013  Penalty for violations.-
330	(1)  Each of the following acts constitutes a felony of the
331	third degree, punishable as provided in s. 775.082, s. 775.083,
332	or s. 775.084:
333	(e)  Dispensing a controlled substance listed in Schedule
334	II or Schedule III in violation of s. 465.0276. Knowingly
335	operating, owning, or managing a nonregistered pain-management
336	clinic that is required to be registered with the Department of
337	Health pursuant to s. 459.0137(1).
338	(2)  Each of the following acts constitutes a misdemeanor
339	of the first degree, punishable as provided in s. 775.082 or s.
340	775.083:
341	(d)  Knowingly prescribing or dispensing, or causing to be
342	prescribed or dispensed, controlled substances in a
343	nonregistered pain-management clinic that is required to be
344	registered with the Department of Health pursuant to s.
345	459.0137(1).
346	Section 9.  Paragraphs (qq), (rr), and (ss) of subsection
347	(1) of section 459.015, Florida Statutes, are amended to read:
348	459.015  Grounds for disciplinary action; action by the
349	board and department.-
350	(1)  The following acts constitute grounds for denial of a
351	license or disciplinary action, as specified in s. 456.072(2):
352	(qq)  Dispensing a controlled substance listed in Schedule
353	II or Schedule III in violation of s. 465.0276. Applicable to a
354	licensee who serves as the designated physician of a pain-
355	management clinic as defined in s. 458.3265 or s. 459.0137:
356	1.  Registering a pain-management clinic through
357	misrepresentation or fraud;
358	2.  Procuring, or attempting to procure, the registration
359	of a pain-management clinic for any other person by making or
360	causing to be made, any false representation;
361	3.  Failing to comply with any requirement of chapter 499,
362	the Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the
363	Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq.,
364	the Drug Abuse Prevention and Control Act; or chapter 893, the
365	Florida Comprehensive Drug Abuse Prevention and Control Act;
366	4.  Being convicted or found guilty of, regardless of
367	adjudication to, a felony or any other crime involving moral
368	turpitude, fraud, dishonesty, or deceit in any jurisdiction of
369	the courts of this state, of any other state, or of the United
370	States;
371	5.  Being convicted of, or disciplined by a regulatory
372	agency of the Federal Government or a regulatory agency of
373	another state for, any offense that would constitute a violation
374	of this chapter;
375	6.  Being convicted of, or entering a plea of guilty or
376	nolo contendere to, regardless of adjudication, a crime in any
377	jurisdiction of the courts of this state, of any other state, or
378	of the United States which relates to the practice of, or the
379	ability to practice, a licensed health care profession;
380	7.  Being convicted of, or entering a plea of guilty or
381	nolo contendere to, regardless of adjudication, a crime in any
382	jurisdiction of the courts of this state, of any other state, or
383	of the United States which relates to health care fraud;
384	8.  Dispensing any medicinal drug based upon a
385	communication that purports to be a prescription as defined in
386	s. 465.003(14) or s. 893.02 if the dispensing practitioner knows
387	or has reason to believe that the purported prescription is not
388	based upon a valid practitioner-patient relationship; or
389	9.  Failing to timely notify the board of the date of his
390	or her termination from a pain-management clinic as required by
391	s. 459.0137(2).
392	(rr)  Failing to timely notify the department of the theft
393	of prescription blanks from a pain-management clinic or a breach
394	of other methods for prescribing within 24 hours as required by
395	s. 459.0137(2).
396	(ss)  Promoting or advertising through any communication
397	media the use, sale, or dispensing of any controlled substance
398	appearing on any schedule in chapter 893.
399	Section 10.  Subsections (3) and (4) of section 465.015,
400	Florida Statutes, are renumbered as subsections (4) and (5),
401	respectively, a new subsection (3) is added to that section, and
402	present subsection (4) of that section is amended, to read:
403	465.015  Violations and penalties.-
404	(3)  It is unlawful for any pharmacist, pharmacy intern, or
405	other person employed by or at a pharmacy to fail to report to
406	the sheriff of the county where the pharmacy is located within
407	24 hours after learning of any instance in which a person
408	obtained or attempted to obtain a controlled substance, as
409	defined in s. 893.02, that the pharmacist, pharmacy intern, or
410	other person employed by or at the pharmacy knew or reasonably
411	should have known was obtained or attempted to be obtained from
412	the pharmacy though fraudulent methods or representations. Any
413	pharmacist, pharmacy intern, or other person employed by or at a
414	pharmacy who fails to make such a report within 24 hours after
415	learning of the fraud or attempted fraud commits a misdemeanor
416	of the first degree, punishable as provided in s. 775.082 or s.
417	775.083. A sufficient report of the fraudulent obtaining of
418	controlled substances under this subsection shall contain, at a
419	minimum, a copy of the prescription used or presented and a
420	narrative, including all information available to the pharmacy
421	concerning the transaction, such as the name and telephone
422	number of the prescribing physician; the name, description, and
423	any personal identification information pertaining to the person
424	who presented the prescription; and all other material
425	information, such as photographic or video surveillance of the
426	transaction.
427	(5)(4)  Any person who violates any provision of subsection
428	(1) or subsection (4) (3) commits a misdemeanor of the first
429	degree, punishable as provided in s. 775.082 or s. 775.083. Any
430	person who violates any provision of subsection (2) commits a
431	felony of the third degree, punishable as provided in s.
432	775.082, s. 775.083, or s. 775.084. In any warrant, information,
433	or indictment, it shall not be necessary to negative any
434	exceptions, and the burden of any exception shall be upon the
435	defendant.
436	Section 11.  Section 465.018, Florida Statutes, is amended
437	to read:
438	465.018  Community pharmacies; permits.-
439	(1)  Any person desiring a permit to operate a community
440	pharmacy shall apply to the department. If the board office
441	certifies that the application complies with the laws of the
442	state and the rules of the board governing pharmacies, the
443	department shall issue the permit. No permit shall be issued
444	unless a licensed pharmacist is designated as the prescription
445	department manager responsible for maintaining all drug records,
446	providing for the security of the prescription department, and
447	following such other rules as relate to the practice of the
448	profession of pharmacy. The permittee and the newly designated
449	prescription department manager shall notify the department
450	within 10 days of any change in prescription department manager.
451	(2)(a)  A pharmacy permitted under this section may not
452	dispense a controlled substance listed in Schedule II or
453	Schedule III as provided in s. 893.03 unless the pharmacy is:
454	1.  Wholly owned by a corporation whose shares are publicly
455	traded on a recognized stock exchange; or
456	2.  Wholly owned by a corporation having more than $100
457	million of business taxable assets in this state.
458	(b)  Community pharmacies that have been continuously
459	permitted for at least 10 years are exempt from this subsection.
460	Section 12.  Paragraph (b) of subsection (1) of section
461	465.0276, Florida Statutes, is amended to read:
462	465.0276  Dispensing practitioner.-
463	(1)
464	(b)  A practitioner registered under this section may not
465	dispense a controlled substance listed in Schedule II or
466	Schedule III as provided in s. 893.03. A practitioner registered
467	under this section may not dispense more than a 72-hour supply
468	of a controlled substance listed in Schedule II, Schedule III,
469	Schedule IV, or Schedule V of s. 893.03 for any patient who pays
470	for the medication by cash, check, or credit card in a clinic
471	registered under s. 458.3265 or s. 459.0137. A practitioner who
472	violates this paragraph commits a felony of the third degree,
473	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
474	This paragraph does not apply to:
475	1.  A practitioner who dispenses medication to a workers'
476	compensation patient pursuant to chapter 440.
477	2.  A practitioner who dispenses medication to an insured
478	patient who pays by cash, check, or credit card to cover any
479	applicable copayment or deductible.
480	1.3.  The dispensing of complimentary packages of medicinal
481	drugs to the practitioner's own patients in the regular course
482	of her or his practice without the payment of a fee or
483	remuneration of any kind, whether direct or indirect, as
484	provided in subsection (5).
485	2.  The dispensing of controlled substances in the health
486	care system of the Department of Corrections.
487	Section 13.  Paragraph (o) is added to subsection (8) of
488	section 499.012, Florida Statutes, to read:
489	499.012  Permit application requirements.-
490	(8)  An application for a permit or to renew a permit for a
491	prescription drug wholesale distributor or an out-of-state
492	prescription drug wholesale distributor submitted to the
493	department must include:
494	(o)  Documentation of the credentialing policies and
495	procedures required by s. 499.0121(14).
496	Section 14.  Subsections (14) and (15) are added to section
497	499.0121, Florida Statutes, to read:
498	499.0121  Storage and handling of prescription drugs;
499	recordkeeping.-The department shall adopt rules to implement
500	this section as necessary to protect the public health, safety,
501	and welfare. Such rules shall include, but not be limited to,
502	requirements for the storage and handling of prescription drugs
503	and for the establishment and maintenance of prescription drug
504	distribution records.
505	(14)  DISTRIBUTION REPORTING.-Each wholesale distributor
506	shall submit a report to the department of its receipts and
507	distributions of controlled substances listed in Schedule II,
508	Schedule III, Schedule IV, or Schedule V as provided in s.
509	893.03. Wholesale distributor facilities located within this
510	state shall report all transactions involving controlled
511	substances and wholesale distributor facilities located outside
512	this state shall report all distributions to entities located in
513	this state. If the wholesale distributor did not have any
514	controlled substance distributions for the month, a report shall
515	be sent indicating no distributions occurred in the period. The
516	report shall be submitted monthly by the 20th of the next month,
517	in the electronic format used for controlled substance reporting
518	to the Automation of Reports and Consolidated Orders System
519	division of the federal Drug Enforcement Administration.
520	Submission of electronic data must be made in a secured web
521	environment that allows for manual or automated transmission.
522	Upon successful transmission, an acknowledgement page must be
523	displayed to confirm receipt. The report must contain the
524	following information:
525	(a)  The federal Drug Enforcement Administration
526	registration number of the wholesale distributing location.
527	(b)  The federal Drug Enforcement Administration
528	registration number of the entity to which the drugs are
529	distributed or from which the drugs are received.
530	(c)  The transaction code that indicates the type of
531	transaction.
532	(d)  The National Drug Code identifier of the product and
533	the quantity distributed or received.
534	(e)  The Drug Enforcement Administration Form 222 number or
535	Controlled Substance Ordering System Identifier on all schedule
536	II transactions.
537	(f)  The date of the transaction.
538
539	The department must share the reported data with the Department
540	of Law Enforcement and local law enforcement agencies upon
541	request, and must monitor purchasing to identify purchasing
542	levels that are inconsistent with the purchasing entity's
543	clinical needs. The Department of Law Enforcement shall
544	investigate purchases at levels that are inconsistent with the
545	purchasing entity's clinical needs to determine whether
546	violations of chapter 893 have occurred.
547	(15)  DUE DILIGENCE.-Each wholesale distributor must
548	establish and maintain policies and procedures to credential
549	physicians licensed under chapter 459, chapter 459, chapter 461,
550	or chapter 466 and pharmacies that would purchase or otherwise
551	receive from the wholesale distributor controlled substances
552	listed in Schedule II or Schedule III as provided in s. 893.03.
553	The wholesale distributor shall maintain records of such
554	credentialing and make the records available to the department
555	upon request. Such credentialing must, at a minimum, include:
556	(a)  A determination of the clinical nature of the
557	receiving entity, including any specialty practice area.
558	(b)  A review of the receiving entity's history of Schedule
559	II and Schedule III controlled substance purchasing from the
560	wholesale distributor.
561	(c)  A determination that the receiving entity's Schedule
562	II and Schedule III controlled substance purchasing history, if
563	any, is consistent with and reasonable for that entity's
564	clinical business needs.
565	(d)  Documentation of a level 2 background screening
566	pursuant to chapter 435 through the department on any person who
567	owns a controlling interest in or, directly or indirectly,
568	manages, oversees, or controls the operation of the entity,
569	including officers and members of the board of directors of an
570	entity that is a corporation.
571
572	Wholesale distributors may not distribute more than 5,000 unit
573	doses of any one controlled substance to a retail pharmacy in
574	any given month. Wholesale distributors may not distribute
575	controlled substances to an entity if any criminal history
576	record check for any person associated with that entity shows
577	the person has been convicted of, or entered a plea of guilty or
578	nolo contendere to, regardless of adjudication, a crime in any
579	jurisdiction related to controlled substances, the practice of
580	pharmacy, or the dispensing of medicinal drugs.
581	Section 15.  Paragraphs (o) and (p) are added to subsection
582	(1) of section 499.05, Florida Statutes, to read:
583	499.05  Rules.-
584	(1)  The department shall adopt rules to implement and
585	enforce this part with respect to:
586	(o)  Wholesale distributor reporting requirements of s.
587	499.0121(14).
588	(p)  Wholesale distributor credentialing requirements of s.
589	499.0121(15).
590	Section 16.  Subsection (8) is added to section 499.067,
591	Florida Statutes, to read:
592	499.067  Denial, suspension, or revocation of permit,
593	certification, or registration.-
594	(8)  The department shall deny, suspend, or revoke a permit
595	if it finds the permittee has not complied with the
596	credentialing requirements of s. 499.0121(15).
597	Section 17.  Paragraph (f) is added to subsection (3) of
598	section 810.02, Florida Statutes, to read:
599	810.02  Burglary.-
600	(3)  Burglary is a felony of the second degree, punishable
601	as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
602	course of committing the offense, the offender does not make an
603	assault or battery and is not and does not become armed with a
604	dangerous weapon or explosive, and the offender enters or
605	remains in a:
606	(f)  Structure or conveyance when the offense intended to
607	be committed therein is theft of a controlled substance as
608	defined in s. 893.02. Notwithstanding any other law, separate
609	judgments and sentences for burglary with the intent to commit
610	theft of a controlled substance under this paragraph and for any
611	applicable possession of controlled substance offense under s.
612	893.13 or trafficking in controlled substance offense under s.
613	893.135 may be imposed when all such offenses involve the same
614	amount or amounts of a controlled substance.
615
616	However, if the burglary is committed within a county that is
617	subject to a state of emergency declared by the Governor under
618	chapter 252 after the declaration of emergency is made and the
619	perpetration of the burglary is facilitated by conditions
620	arising from the emergency, the burglary is a felony of the
621	first degree, punishable as provided in s. 775.082, s. 775.083,
622	or s. 775.084. As used in this subsection, the term "conditions
623	arising from the emergency" means civil unrest, power outages,
624	curfews, voluntary or mandatory evacuations, or a reduction in
625	the presence of or response time for first responders or
626	homeland security personnel. A person arrested for committing a
627	burglary within a county that is subject to such a state of
628	emergency may not be released until the person appears before a
629	committing magistrate at a first appearance hearing. For
630	purposes of sentencing under chapter 921, a felony offense that
631	is reclassified under this subsection is ranked one level above
632	the ranking under s. 921.0022 or s. 921.0023 of the offense
633	committed.
634	Section 18.  Paragraph (c) of subsection (2) of section
635	812.014, Florida Statutes, is amended to read:
636	812.014  Theft.-
637	(2)
638	(c)  It is grand theft of the third degree and a felony of
639	the third degree, punishable as provided in s. 775.082, s.
640	775.083, or s. 775.084, if the property stolen is:
641	1.  Valued at $300 or more, but less than $5,000.
642	2.  Valued at $5,000 or more, but less than $10,000.
643	3.  Valued at $10,000 or more, but less than $20,000.
644	4.  A will, codicil, or other testamentary instrument.
645	5.  A firearm.
646	6.  A motor vehicle, except as provided in paragraph (a).
647	7.  Any commercially farmed animal, including any animal of
648	the equine, bovine, or swine class, or other grazing animal, and
649	including aquaculture species raised at a certified aquaculture
650	facility. If the property stolen is aquaculture species raised
651	at a certified aquaculture facility, then a $10,000 fine shall
652	be imposed.
653	8.  Any fire extinguisher.
654	9.  Any amount of citrus fruit consisting of 2,000 or more
655	individual pieces of fruit.
656	10.  Taken from a designated construction site identified
657	by the posting of a sign as provided for in s. 810.09(2)(d).
658	11.  Any stop sign.
659	12.  Anhydrous ammonia.
660	13.  Any amount of a controlled substance as defined in s.
661	893.02. Notwithstanding any other law, separate judgments and
662	sentences for theft of a controlled substance under this
663	subparagraph and for any applicable possession of controlled
664	substance offense under s. 893.13 or trafficking in controlled
665	substance offense under s. 893.135 may be imposed when all such
666	offenses involve the same amount or amounts of a controlled
667	substance.
668
669	However, if the property is stolen within a county that is
670	subject to a state of emergency declared by the Governor under
671	chapter 252, the property is stolen after the declaration of
672	emergency is made, and the perpetration of the theft is
673	facilitated by conditions arising from the emergency, the
674	offender commits a felony of the second degree, punishable as
675	provided in s. 775.082, s. 775.083, or s. 775.084, if the
676	property is valued at $5,000 or more, but less than $10,000, as
677	provided under subparagraph 2., or if the property is valued at
678	$10,000 or more, but less than $20,000, as provided under
679	subparagraph 3. As used in this paragraph, the term "conditions
680	arising from the emergency" means civil unrest, power outages,
681	curfews, voluntary or mandatory evacuations, or a reduction in
682	the presence of or the response time for first responders or
683	homeland security personnel. For purposes of sentencing under
684	chapter 921, a felony offense that is reclassified under this
685	paragraph is ranked one level above the ranking under s.
686	921.0022 or s. 921.0023 of the offense committed.
687	Section 19.  Subsections (4) and (5) of section 893.07,
688	Florida Statutes, are amended to read:
689	893.07  Records.-
690	(4)  Every inventory or record required by this chapter,
691	including prescription records, shall be maintained:
692	(a)  Separately from all other records of the registrant,
693	or
694	(b)  Alternatively, in the case of Schedule III, IV, or V
695	controlled substances, in such form that information required by
696	this chapter is readily retrievable from the ordinary business
697	records of the registrant.
698
699	In either case, the records described in this subsection shall
700	be kept and made available for a period of at least 2 years for
701	inspection and copying by law enforcement officers whose duty it
702	is to enforce the laws of this state relating to controlled
703	substances. Law enforcement officers are not required to obtain
704	a subpoena, court order, or search warrant in order to obtain
705	access to or copies of such records.
706	(5)  Each person described in subsection (1) shall:
707	(a)  Maintain a record which shall contain a detailed list
708	of controlled substances lost, destroyed, or stolen, if any; the
709	kind and quantity of such controlled substances; and the date of
710	the discovering of such loss, destruction, or theft.
711	(b)  In the event of the discovery of the theft or loss of
712	controlled substances, report such theft or loss to the sheriff
713	of that county within 48 hours after its discovery. A person who
714	fails to report a theft or loss of a substance listed in s.
715	893.03(3), (4), or (5) within 48 hours after discovery as
716	required in this paragraph commits a misdemeanor of the second
717	degree, punishable as provided in s. 775.082 or s. 775.083. A
718	person who fails to report a theft or loss of a substance listed
719	in s. 893.03(2) within 48 hours after discovery as required in
720	this paragraph commits a misdemeanor of the first degree,
721	punishable as provided in s. 775.082 or s. 775.083.
722	Section 20.  Section 2 of chapter 2009-198, Laws of
723	Florida, is repealed.
724	Section 21.
725	(1)  BUY-BACK PROGRAM.-Within 10 days after the effective
726	date of this act, each physician licensed under chapter 458,
727	chapter 459, chapter 461, or chapter 466, Florida Statutes,
728	shall ensure that undispensed inventory of controlled substances
729	listed in Schedule II or Schedule III as provided in s. 893.03,
730	Florida Statutes, purchased under the physician's Drug
731	Enforcement Administration number for dispensing is:
732	(a)  Returned to the wholesale distributor, as defined in
733	s. 499.003, Florida Statutes, which distributed them; or
734	(b)  Turned in to local law enforcement agencies and
735	abandoned.
736
737	Wholesale distributors shall buy back the undispensed inventory
738	of controlled substances listed in Schedule II or Schedule III
739	as provided in s. 893.03, Florida Statutes, at the purchase
740	price paid by the physician, physician practice, clinic, or
741	other paying entity. Each wholesale distributor shall submit a
742	report of its activities under this section to the Department of
743	Health by August 1, 2011. The report shall include the following
744	information:
745	1.  The name and address of the returning entity.
746	2.  The Florida license, registration, or permit number and
747	Drug Enforcement Administration number of the entity that
748	originally ordered the drugs.
749	3.  The drug name and number of unit doses returned.
750	4.  The date of return.
751	(2)  PUBLIC HEALTH EMERGENCY.-
752	(a)  The Legislature finds that:
753	1.  Prescription drug overdose has been declared a public
754	health epidemic by the United States Centers for Disease Control
755	and Prevention.
756	2.  Prescription drug abuse results in an average of 7
757	deaths in this state each day.
758	3.  Physicians in this state purchased over 85 percent of
759	the oxycodone purchased by all practitioners in the United
760	States in 2006.
761	4.  Physicians in this state purchased over 93 percent of
762	the methadone purchased by all practitioners in the United
763	States in 2006.
764	5.  Some physicians in this state dispense medically
765	unjustifiable amounts of controlled substances to addicts and
766	people who intend to illegally sell the drugs.
767	6.  Physicians in this state who have purchased large
768	quantities of controlled substances may have significant
769	inventory on the effective date of this act.
770	7.  On the effective date of this act, the only legal
771	method for a dispensing practitioner to sell or otherwise
772	transfer controlled substances listed in Schedule II or Schedule
773	III as provided in s. 893.03, Florida Statutes, purchased for
774	dispensing is through the buy-back procedure or abandonment
775	procedures of subsection (1).
776	8.  It is likely that the same physicians who purchase and
777	dispense medically unjustifiable amounts of drugs will not
778	legally dispose of remaining inventory.
779	9.  The actions of such dispensing practitioners may result
780	in substantial injury to the public health.
781	(b)  Immediately on the effective date of this act, the
782	State Health Officer shall declare a public health emergency
783	pursuant to s. 381.00315, Florida Statutes. Pursuant to that
784	declaration, the Department of Health, the Attorney General, the
785	Department of Law Enforcement, and local law enforcement
786	agencies shall take the following actions:
787	1.  Within 2 days after the effective date of this act, in
788	consultation with wholesale distributors as defined in s.
789	499.003, Florida Statutes, the Department of Health shall
790	identify dispensing practitioners that purchased more than an
791	average of 2,000 unit doses of controlled substances listed in
792	Schedule II or Schedule III as provided in s. 893.03, Florida
793	Statutes, per month in the previous 6 months, and shall identify
794	the dispensing practitioners in that group who pose the greatest
795	threat to the public health based on an assessment of:
796	a.  The risk of noncompliance with subsection (1).
797	b.  Purchase amounts.
798	c.  Manner of medical practice.
799	d.  Any other factor set by the State Health Officer.
800
801	The Attorney General shall consult and coordinate with federal
802	law enforcement agencies. The Department of Law Enforcement
803	shall coordinate the efforts of local law enforcement agencies.
804	2.  On the 3rd day after the effective date of this act,
805	the Department of Law Enforcement or local law enforcement
806	agencies shall enter the business premises of the dispensing
807	practitioners identified as posing the greatest threat to public
808	health and quarantine the inventory of controlled substances
809	listed in Schedule II or Schedule III as provided in s. 893.03,
810	Florida Statutes, of such dispensing practitioners on site.
811	3.  The Department of Law Enforcement or local law
812	enforcement agencies shall ensure the security of such inventory
813	24 hours a day through the 10th day after the effective date of
814	this act or until the inventory is validly transferred pursuant
815	to subsection (1), whichever is earlier.
816	4.  On the 11th day after the effective date of this act,
817	any remaining inventory of controlled substances listed in
818	Schedule II or Schedule III as provided in s. 893.03, Florida
819	Statutes, purchased for dispensing by practitioners is deemed
820	contraband under s. 893.12, Florida Statutes. The Department of
821	Law Enforcement or local law enforcement agencies shall seize
822	the inventory and comply with the provisions of s. 893.12,
823	Florida Statutes, to destroy it.
824	(c)  In order to implement the provisions of this section,
825	the sum of $3 million of nonrecurring funds from the General
826	Revenue Fund is appropriated to the Department of Law
827	Enforcement for the 2010-2011 fiscal year. The Department of Law
828	Enforcement shall expend the appropriation by reimbursing local
829	law enforcement agencies for the overtime-hour costs associated
830	with securing the quarantined controlled substance inventory as
831	provided in paragraph (b) and activities related to
832	investigation and prosecution of crimes related to prescribed
833	controlled substances. If requests for reimbursement exceed the
834	amount appropriated, the reimbursements shall be prorated by the
835	hours of overtime per requesting agency at a maximum of one law
836	enforcement officer per quarantine site.
837	(3)  This section is repealed January 1, 2013.
838	Section 22.  This act shall take effect upon becoming a
839	law.

CODING: Words stricken are deletions; words underlined are additions.