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Laws and Rules

E-FORCSE, Florida Prescription Drug Monitoring Program

Laws

Scales of Justice Picture

Section 893.055, Florida Statutes - Prescription Drug Monitoring Program

Section 893.0551, Florida Statutes - Public Record Exemption

Section 893.03 - Standards and Schedules (of Controlled Substances)

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.

Please visit the Department of Health's Take Control of Controlled Substances website for additional information.

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.

Rules

64K-1, Florida Administrative Code - Prescription Drug Monitoring Program

Important Rulemaking Update - Implementation of HB21

Notice of Proposed Rulemaking - August 7, 2018

  • 64K-1.001            Patient Advisory Alerts and Reports
  • 64K-1.002            American Society of Automation in Pharmacy  Standards and Formats
  • 64K-1.003            Accessing Database
  • 64K-1.004            Management and Operation of Database
  • 64K-1.007            Indicators of Controlled Substance Abuse
  • 64K-1.008            Electronic Health Recordkeeping System Integration

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Thursday, August 23, 2018, 1:00 p.m. to 5:00 p.m.

PLACE: Florida Department of Health, 4042 Bald Cypress Way, Room 301, Tallahassee, FL 32311

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rebecca Poston, Program Manager, Prescription Drug Monitoring program, 4052 Bald Cypress Way, Bin #C-16, Tallahassee, Florida 32399 or e-forcse@flhealth.gov.

Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

NOTE: This information is provided in the most accessible format possible. To request a more accessible version of the documents on this page, please send an email to e-forcse@flhealth.gov.