July 14, 2020
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       Florida Senate - 2010                                    SB 2722
       
       
       
       By Senator Gardiner
       
       
       
       
       9-01263-10                                            20102722__
    1                        A bill to be entitled                      
    2         An act relating to controlled substances; amending ss.
    3         458.309 and 459.005, F.S.; requiring the Department of
    4         Health to deny registration to any clinic that is not
    5         fully owned by a physician or group of physicians;
    6         requiring the department to deny registration to any
    7         clinic that is owned by or under any contractual or
    8         employment relationship with a physician whose Drug
    9         Enforcement Administration number has ever been
   10         suspended or revoked, or against whom the Board of
   11         Medicine or the Board of Osteopathic Medicine has
   12         taken final administrative action related to the
   13         physician’s impairment due to the misuse or abuse of
   14         alcohol or drugs; requiring the department to deny
   15         registration to any clinic in which the ownership or
   16         any controlling interest is held by a person who has
   17         been convicted of, or has entered a plea of guilty or
   18         nolo contendere to, regardless of adjudication, a
   19         felony; requiring the department to deny registration
   20         to any clinic that has a medical director who is not
   21         board-certified in pain medicine; amending ss. 458.331
   22         and 459.015, F.S.; providing that the practice of
   23         medicine or osteopathic medicine in an unregistered
   24         pain-management clinic is grounds for denial of
   25         licensure or disciplinary action; providing that the
   26         advertisement of the use, sale, or dispensing of
   27         controlled substances is grounds for denial of
   28         licensure or disciplinary action; amending s. 465.018,
   29         F.S.; prohibiting the department from issuing a permit
   30         to operate a community pharmacy unless the applicant
   31         demonstrates the ability to participate in a
   32         multistate electronic prescribing network; amending
   33         465.023, F.S.; authorizing the department to
   34         discipline a pharmacy permittee for failing to
   35         participate in a multistate electronic prescribing
   36         network; amending s. 465.0276, F.S.; prohibiting
   37         registered dispensing practitioners from dispensing
   38         more than a specified amount of certain controlled
   39         substances; providing an exception; providing an
   40         effective date.
   41  
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Subsection (4) of section 458.309, Florida
   45  Statutes, is amended to read:
   46         458.309 Rulemaking authority.—
   47         (4) All privately owned pain-management clinics,
   48  facilities, or offices, hereinafter referred to as “clinics,”
   49  which advertise in any medium for any type of pain-management
   50  services, or employ a physician who is primarily engaged in the
   51  treatment of pain by prescribing or dispensing controlled
   52  substance medications, must register with the department by
   53  January 4, 2010, unless that clinic is licensed as a facility
   54  pursuant to chapter 395. The department shall deny registration
   55  to any clinic that is not fully owned by a physician or group of
   56  physicians. The department shall deny registration to any clinic
   57  owned by or under any contractual or employment relationship
   58  with a physician whose Drug Enforcement Administration number
   59  has ever been suspended or revoked, or against whom the board
   60  has taken final administrative action related to the physician’s
   61  impairment due to the misuse or abuse of alcohol or drugs. The
   62  department shall deny registration to any clinic in which the
   63  ownership or any controlling interest is held by a person who
   64  has been convicted of, or has entered a plea of guilty or nolo
   65  contendere to, regardless of adjudication, a felony under
   66  chapter 893. The department shall deny registration to any
   67  clinic that has a medical director who is not board-certified in
   68  pain medicine. A physician may not practice medicine in a pain
   69  management clinic that is required to but has not registered
   70  with the department. Each clinic location shall be registered
   71  separately regardless of whether the clinic is operated under
   72  the same business name or management as another clinic. If the
   73  clinic is licensed as a health care clinic under chapter 400,
   74  the medical director is responsible for registering the facility
   75  with the department. If the clinic is not registered pursuant to
   76  chapter 395 or chapter 400, the clinic shall, upon registration
   77  with the department, designate a physician who is responsible
   78  for complying with all requirements related to registration of
   79  the clinic. The designated physician shall be licensed under
   80  this chapter or chapter 459 and shall practice at the office
   81  location for which the physician has assumed responsibility. The
   82  department shall inspect the clinic annually to ensure that it
   83  complies with rules of the Board of Medicine adopted pursuant to
   84  this subsection and subsection (5) unless the office is
   85  accredited by a nationally recognized accrediting agency
   86  approved by the Board of Medicine. The actual costs for
   87  registration and inspection or accreditation shall be paid by
   88  the physician seeking to register the clinic.
   89         Section 2. Subsection (3) of section 459.005, Florida
   90  Statutes, is amended to read:
   91         459.005 Rulemaking authority.—
   92         (3) All privately owned pain-management clinics,
   93  facilities, or offices, hereinafter referred to as “clinics,”
   94  which advertise in any medium for any type of pain-management
   95  services, or employ a physician who is licensed under this
   96  chapter and who is primarily engaged in the treatment of pain by
   97  prescribing or dispensing controlled substance medications, must
   98  register with the department by January 4, 2010, unless that
   99  clinic is licensed as a facility under chapter 395. The
  100  department shall deny registration to any clinic that is not
  101  fully owned by a physician or group of physicians. The
  102  department shall deny registration to any clinic owned by or
  103  under any contractual or employment relationship with a
  104  physician whose Drug Enforcement Administration number has ever
  105  been suspended or revoked, or against whom the board has taken
  106  final administrative action related to the physician’s
  107  impairment due to the misuse or abuse of alcohol or drugs. The
  108  department shall deny registration to any clinic in which the
  109  ownership or any controlling interest is held by a person who
  110  has been convicted of, or has entered a plea of guilty or nolo
  111  contendere to, regardless of adjudication, a felony under
  112  chapter 893. The department shall deny registration to any
  113  clinic that has a medical director who is not board-certified in
  114  pain medicine. A physician may not practice osteopathic medicine
  115  in a pain-management clinic that is required to but has not
  116  registered with the department. Each clinic location shall be
  117  registered separately regardless of whether the clinic is
  118  operated under the same business name or management as another
  119  clinic. If the clinic is licensed as a health care clinic under
  120  chapter 400, the medical director is responsible for registering
  121  the facility with the department. If the clinic is not
  122  registered under chapter 395 or chapter 400, the clinic shall,
  123  upon registration with the department, designate a physician who
  124  is responsible for complying with all requirements related to
  125  registration of the clinic. The designated physician shall be
  126  licensed under chapter 458 or this chapter and shall practice at
  127  the office location for which the physician has assumed
  128  responsibility. The department shall inspect the clinic annually
  129  to ensure that it complies with rules of the Board of
  130  Osteopathic Medicine adopted pursuant to this subsection and
  131  subsection (4) unless the office is accredited by a nationally
  132  recognized accrediting agency approved by the Board of
  133  Osteopathic Medicine. The actual costs for registration and
  134  inspection or accreditation shall be paid by the physician
  135  seeking to register the clinic.
  136         Section 3. Present paragraph (nn) of subsection (1) of
  137  section 458.331, Florida Statutes, is redesignated as paragraph
  138  (pp), and new paragraphs (nn) and (oo) are added to that
  139  subsection, to read:
  140         458.331 Grounds for disciplinary action; action by the
  141  board and department.—
  142         (1) The following acts constitute grounds for denial of a
  143  license or disciplinary action, as specified in s. 456.072(2):
  144         (nn)Practicing medicine in a pain-management clinic that
  145  is required to register, but that has not registered, with the
  146  department pursuant to s. 458.309.
  147         (oo) Using any communication media to promote or advertise
  148  the use, sale, or dispensing of any controlled substance
  149  appearing in any schedule in chapter 893.
  150         Section 4. Present paragraph (pp) of subsection (1) of
  151  section 459.015, Florida Statutes, is redesignated as paragraph
  152  (rr), and new paragraphs (pp) and (qq) are added to that
  153  subsection, to read:
  154         459.015 Grounds for disciplinary action; action by the
  155  board and department.—
  156         (1) The following acts constitute grounds for denial of a
  157  license or disciplinary action, as specified in s. 456.072(2):
  158         (pp)Practicing osteopathic medicine in a pain-management
  159  clinic that is required to register, but that has not
  160  registered, with the department pursuant to s. 459.005.
  161         (qq) Using any communication media to promote or advertise
  162  the use, sale, or dispensing of any controlled substance
  163  appearing in any schedule in chapter 893.
  164         Section 5. Section 465.018, Florida Statutes, is amended to
  165  read:
  166         465.018 Community pharmacies; permits.—Any person desiring
  167  a permit to operate a community pharmacy shall apply to the
  168  department. If the board office certifies that the application
  169  complies with the laws of the state and the rules of the board
  170  governing pharmacies, the department shall issue the permit. The
  171  department may not issue the permit No permit shall be issued
  172  unless a licensed pharmacist is designated as the prescription
  173  department manager responsible for maintaining all drug records,
  174  providing for the security of the prescription department, and
  175  following such other rules as relate to the practice of the
  176  profession of pharmacy. The permittee and the newly designated
  177  prescription department manager shall notify the department
  178  within 10 days of any change in prescription department manager.
  179  The department may not issue the permit unless the applicant
  180  demonstrates the ability to participate in a multistate
  181  electronic prescribing network.
  182         Section 6. Subsection (1) of section 465.023, Florida
  183  Statutes, is amended to read:
  184         465.023 Pharmacy permittee; disciplinary action.—
  185         (1) The department or the board may revoke or suspend the
  186  permit of any pharmacy permittee, and may fine, place on
  187  probation, or otherwise discipline any pharmacy permittee if the
  188  permittee, or any affiliated person, partner, officer, director,
  189  or agent of the permittee, including a person fingerprinted
  190  under s. 465.022(3), has:
  191         (a) Obtained a permit by misrepresentation or fraud or
  192  through an error of the department or the board;
  193         (b) Attempted to procure, or has procured, a permit for any
  194  other person by making, or causing to be made, any false
  195  representation;
  196         (c) Violated any of the requirements of this chapter or any
  197  of the rules of the Board of Pharmacy; of chapter 499, known as
  198  the “Florida Drug and Cosmetic Act”; of 21 U.S.C. ss. 301-392,
  199  known as the “Federal Food, Drug, and Cosmetic Act”; of 21
  200  U.S.C. ss. 821 et seq., known as the Comprehensive Drug Abuse
  201  Prevention and Control Act; or of chapter 893;
  202         (d) Been convicted or found guilty, regardless of
  203  adjudication, of a felony or any other crime involving moral
  204  turpitude in any of the courts of this state, of any other
  205  state, or of the United States;
  206         (e) Been convicted or disciplined by a regulatory agency of
  207  the Federal Government or a regulatory agency of another state
  208  for any offense that would constitute a violation of this
  209  chapter;
  210         (f) Been convicted of, or entered a plea of guilty or nolo
  211  contendere to, regardless of adjudication, a crime in any
  212  jurisdiction which relates to the practice of, or the ability to
  213  practice, the profession of pharmacy;
  214         (g) Been convicted of, or entered a plea of guilty or nolo
  215  contendere to, regardless of adjudication, a crime in any
  216  jurisdiction which relates to health care fraud; or
  217         (h) Dispensed any medicinal drug based upon a communication
  218  that purports to be a prescription as defined by s. 465.003(14)
  219  or s. 893.02 when the pharmacist knows or has reason to believe
  220  that the purported prescription is not based upon a valid
  221  practitioner-patient relationship that includes a documented
  222  patient evaluation, including history and a physical examination
  223  adequate to establish the diagnosis for which any drug is
  224  prescribed and any other requirement established by board rule
  225  under chapter 458, chapter 459, chapter 461, chapter 463,
  226  chapter 464, or chapter 466; or.
  227         (i) Failed to participate in a multistate electronic
  228  prescribing network.
  229         Section 7. Subsection (1) of section 465.0276, Florida
  230  Statutes, is amended to read:
  231         465.0276 Dispensing practitioner.—
  232         (1)(a) A person may not dispense medicinal drugs unless
  233  licensed as a pharmacist or otherwise authorized under this
  234  chapter to do so, except that a practitioner authorized by law
  235  to prescribe drugs may dispense such drugs to her or his
  236  patients in the regular course of her or his practice in
  237  compliance with this section.
  238         (b) A practitioner registered under this section may not
  239  dispense more than a 72-hour supply of a controlled substance
  240  listed in Schedule II, Schedule III, or Schedule IV as provided
  241  in s. 893.03. This paragraph does not apply to controlled
  242  substances dispensed in the health care system of the Department
  243  of Corrections.
  244         Section 8. This act shall take effect July 1, 2010.

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