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E-FORCSE, Florida Prescription Drug Monitoring Program

Important 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

  • 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.
    • The following acts of dispensing or administration, which are exempt from reporting.
      • All acts of administration of a controlled substance.
      • The dispensing of a controlled substance in the health care system of the Department of Corrections.
      • The dispensing of a controlled substance to a person under the age of 16.
    • The following information must be reported for each controlled substance dispensed.
      • 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.
      • 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.
      • The full name, address, telephone number, and date of birth of the person for whom the prescription was written.
      • The name, national drug code, quantity, and the strength of the controlled substance dispensed.
      • 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.
      • Whether the drug was dispensed as an initial prescription or a refill, and the number of refills ordered.
      • The name of the individual picking up the controlled substance prescription and type and issuer of the identification provided.
    • Information that is more than four years old must be purged from the PDMP database.

Data Requestors- Effective July 1, 2018

Required Consultation of Prescription Drug Monitoring Program System

  • Each prescriber and dispenser or his or her designee has a duty to consult the PDMP system to review a patient’s controlled substance dispensing history each time a controlled substance is prescribed or dispensed to a patient age 16 or older unless a statutory exemption applies.

Statutory Exemptions Include:

  • Prescribing or dispensing a nonopioid controlled substance listed in schedule V.
  • If the Department determines the system to be nonoperational.
  • If the prescriber or dispenser cannot access the system because there is a temporary technological or electrical failure.

Actions Required by Exemption:

  • A prescriber or dispenser must document in the patient’s medical record or prescription record the reason the system was not consulted.
  • If the system was not consulted, only a 3-day supply may be prescribed or dispensed to the patient.

Penalty for Non-use

  • The department shall issue a nondisciplinary 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. 
  • Subsequent offenses are subject to disciplinary action pursuant to section 456.073, Florida Statutes.
Access
  • 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.
  • 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.
  • 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.
  • The department may enter into one or more reciprocal agreements or contracts to share prescription drug monitoring information with other states, districts or territories.
  • 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 nonopioid 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 nonopioid 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.

Welcome to E-FORCSE®, Florida's Prescription Drug Monitoring Program

The Florida Prescription Drug Monitoring Program, known as E-FORCSE® (Electronic-Florida Online Reporting of Controlled Substance Evaluation Program), was created by the 2009 Florida Legislature in an initiative to encourage safer prescribing of controlled substances and to reduce drug abuse and diversion within the state of Florida.

E-FORCSE® has selected Health Information Designs, LLC, to develop a database that collects and stores prescribing and dispensing data for controlled substances in Schedules II, III, and IV.  The purpose of the PDMP is to provide the information that is collected in the database to health care practitioners to guide their decisions in prescribing and dispensing these highly abused prescription drugs.

Section 893.055, Florida Statutes, requires health care practitioners to report to the PDMP each time a controlled substance is dispensed to an individual.  The information is reported through the electronic system as soon as possible but not more than 7 days after dispensing.  This reporting timeframe ensures that health care practitioners have the most up-to-date information available.

E-FORCSE® complies with the Health Insurance Portability and Accountability Act (HIPAA) as it pertains to protected health information (PHI), electronic protected health information (EPHI), and all other relevant state and federal privacy and security laws and regulations.  The information collected in the system will be used by the PDMP to encourage safer prescribing of controlled substances and to reduce drug abuse and diversion within the state of Florida.

Pharmacy & Dispensing Practitioner Controlled Substance Reporting Requirements:

The Department of Health’s Prescription Drug Monitoring Program called E-FORCSE collects, maintains, and stores controlled substance prescription dispensing information in its database and makes the information available to health care practitioners and law enforcement and regulatory agencies during active investigations.  Section 893.055, F.S., requires all practitioners who dispense controlled substances listed in schedules II, III, or IV, as defined in section 893.03, F.S., to report to E-FORCSE within 7 days each time a controlled substance is dispensed to an individual, unless it is one of the acts of dispensing or administering which are exempt from reporting under subsection 893.055(5), F.S. For more information visit, http://www.floridahealth.gov/statistics-and-data/e-forcse/.

Wholesale Distributor, Manufacturer or Repackager Controlled Substance Reporting Requirements:

The Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics Program, Controlled Substance Registry collects and stores controlled substance receipts and distributions in its registry. Section 499.0121(14), Florida Statutes (F.S.) requires each prescription drug wholesale distributor, whether in state or out-of-state, retail pharmacy drug wholesale distributor, manufacturer, or repackager that engages in the wholesale distribution of controlled substances to report receipts and distributions of controlled substances listed in Schedule II through V, as provided in s. 893.03, F.S., monthly by the 20th of the next month.  For more information visit http://www.myfloridalicense.com/dbpr/ddc/CSR.html.

This project was supported by Grant No. 2009-PM-BX-4004 awarded by the Bureau of Justice Assistance, Office of Justice Program, U.S. Department of Justice.