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Important Legislative Update

E-FORCSE® 2018 Legislative Update

Summary:

House Bill 21 related to Controlled Substances was signed into law by Governor Rick Scott on Monday, March 19, 2018, and takes effect on July 1, 2018, unless otherwise provided. The bill includes a major technical re-write of sections 893.055 and 893.0551, Florida Statutes.

How it affects me:

The following changes take effect on July 1, 2018:

Data Submitters

  1. Dispensers of controlled substances are required to report to the Prescription Drug Monitoring Program system each time a controlled substance in schedules II, III, IV, and V are dispensed to a patient, as soon thereafter as possible but no later than close of business the day after the prescription is dispensed.
    1. The following acts of dispensing or administration, which are exempt from reporting.
      1. All acts of administration of a controlled substance.
      2. The dispensing of a controlled substance in the health care system of the Department of Corrections.
      3. The dispensing of a controlled substance to a person under the age of 16.
    2. The following information must be reported for each controlled substance dispensed.
      1. The name of the prescribing practitioner, the practitioner's federal Drug Enforcement Administration registration number, the practitioner's National Provider Identification or other appropriate identifier, and the date of the prescription.
      2. The date the prescription was filled and the method of payment, such as cash by an individual, insurance coverage through a third party, or Medicaid payment.
      3. The full name, address, telephone number, and date of birth of the person for whom the prescription was written.
      4. The name, national drug code, quantity, and the strength of the controlled substance dispensed.
      5. The full name, federal Drug Enforcement Administration registration number, State of Florida Department of Health issued pharmacy permit number, and address of the pharmacy or other location from which the controlled substance was dispensed. If the controlled substance was dispensed by a practitioner other than a pharmacist, the practitioner's name, address, federal Drug Enforcement Administration registration number, State of Florida Department of Health issued license number, and National Provider Identification.
      6. Whether the drug was dispensed as an initial prescription or a refill, and the number of refills ordered.
      7. The name of the individual picking up the controlled substance prescription and type and issuer of the identification provided.
  2. Information that is more than four years old must be purged from the PDMP database.

Data Requestors

Required Use of the PDMP

  1. A prescriber or dispenser or a designee of a prescriber or dispenser must consult the system to review a patient's controlled substance dispensing history before or prescribing a controlled substance to a patient age 16 or older.
    1. This requirement does not apply when prescribing or dispensing a non-opioid controlled substance listed in schedule V.
    2. The department shall issue a non-disciplinary citation to any prescriber or dispenser who fails to consult the PDMP system prior to prescribing or dispensing a controlled substance for an initial offense. Each subsequent offense is subject to disciplinary action pursuant to section 456.073, Florida Statutes.

Access

  1. An employee of the United States Department of Veteran Affairs, the United States Department of Defense, or the Indian Health Service who provides health care services pursuant to such employment and who has the authority to prescribe or dispensed controlled substances shall have access to the information in the PDMP system upon verification of employment.
  2. A medical examiner when conducting an authorized investigation under section 406.11, Florida Statutes, to determine the cause of death may not directly access information in the PDMP system, but may request information from the program manager.
  3. A patient or the legal guardian or designated health care surrogate of an incapacitated patient who submits a written and notarized request may not directly access information in the database but may request information from the program manager.
  4. The department may enter into one or more reciprocal agreements or contracts to share prescription drug monitoring information with other states, districts or territories.
  5. The Department may enter into agreements or contracts to establish secure connections between the PDMP system and a prescribing or dispensing health care practitioner's electronic health recordkeeping system.

Action Steps Required

Data Submitters

Effective July 1, 2018:

  1. Begin reporting dispensing of schedule V controlled substances.
  2. Begin reporting (1) patient telephone number, (2) the State of Florida Department of Health issued pharmacy permit/license number for the entity that dispensed the medication, and (3) the name of the individual picking up the controlled substance and the type and issuer of the identification required.
  3. Consult the PDMP system prior to dispensing a controlled substance to an individual over the age of 16, except for non-opioid schedule V controlled substances.

Data Requestors

Effective July 1, 2018:

  1. Consult the PDMP system prior to prescribing a controlled substance to an individual over the age of 16, except for non-opioid schedule V controlled substances.

For technical assistance, please contact the help desk at flpdmp-info@apprisshealth.com or (877) 719-3120. For program policy questions, please contact program staff at e-forcse@flhealth.gov or (850) 245-4797.

 

 
 
 
 

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E-FORCSE, Florida Prescription Drug Monitoring Program
4052 Bald Cypress Way, Bin C-16
Tallahassee, FL 32399
Phone: (850) 245-4797
Email: e-forcse@flhealth.gov