Florida’s New Legislation Adjustments Doctor Duties for Opioid Meting out


Florida’s Home Invoice (HB) 21, enacted to assist fight opioid abuse, accommodates a number of noteworthy modifications to Florida regulation that influence the dishing out of opioids.

Efficient July 1, 2018, dishing out suppliers should seek the advice of Florida’s Prescription Drug Monitoring Program (PDMP) previous to dishing out managed substances to sufferers, and should report any managed substances distributed within the PDMP by the next enterprise day.  The brand new dishing out necessities are mentioned in additional element under:

  • The prescriber or dispenser should confirm a affected person’s identification and seek the advice of the PDMP for a affected person’s managed substance dishing out historical past previous to prescribing or dishing out managed substances.[1] Particularly, “[a] prescriber or dispenser or a designee of a prescriber or dispenser should seek the advice of the system to evaluate a affected person’s managed substance dishing out historical past earlier than prescribing or dishing out a managed substance for a affected person age 16 or older.  This requirement doesn’t apply when prescribing or dishing out a nonopioid managed substance listed in Schedule V of [Florida Statutes (“F.S.”) section] 893.03 or 21 U.S.C. 812.”[2]  Failure to adjust to the consulting requirement can lead to a non-disciplinary quotation for the primary offense, and disciplinary motion underneath F.S. part 456.073 for every subsequent offense.
  • HB 21 eliminates earlier exemptions from reporting underneath the statute, notably exemptions for “[a] well being care practitioner when administering a managed substance on to a affected person if the quantity of the managed substance is sufficient to deal with the affected person throughout that individual therapy session” and “[a] pharmacist or a dishing out practitioner when dishing out a one-time, 72-hour emergency resupply of a managed substance to a affected person.” As a result of these exemptions now not exist underneath the statute, the dishing out practitioner might want to document the dishing out of opioids within the PDMP in conditions which had been beforehand exempt underneath the statute.

  • Requires a supplier to document the dishing out of an opioid into the PDMP, including that “[f]or every managed substance distributed to a affected person on this state, the next info have to be reported by the dispenser to the system (PDMP) as quickly thereafter as doable, however no later than the shut of the subsequent enterprise day after the day the managed substance is distributed until an extension or exemption is authorized by the division:
    • The title of the prescribing practitioner, the practitioner’s federal Drug Enforcement Administration registration quantity, the practitioner’s Nationwide Supplier Identification or different acceptable identifier, and the date of the prescription.
    • The date the prescription was crammed and the tactic of fee, comparable to money by a person, insurance coverage protection via a 3rd social gathering, or Medicaid fee.  This paragraph doesn’t authorize the division to incorporate particular person bank card numbers or different account numbers within the system.
    • The complete title, deal with, phone quantity, and date of delivery of the particular person for whom the prescription was written.
    • The title, nationwide drug code, amount, and energy of the managed substance distributed.
    • The complete title, federal Drug Enforcement Administration registration quantity, State of Florida Division of Well being issued pharmacy allow quantity, and deal with of the pharmacy or different location from which the managed substance was distributed by a practitioner apart from a pharmacist, the practitioner’s full title, deal with, federal Drug Enforcement Administration registration quantity, State of Florida Division of Well being issued license quantity, and Nationwide Supplier Identification.
    • Whether or not the drug was distributed as an preliminary prescription or a refill, and the variety of refills ordered.
    • The title of the person selecting up the managed substance prescription and sort and issuer of the identification supplied.
    • Different acceptable figuring out info as decided by division rule.”[3]

A prescriber or dishing out supplier who willfully and knowingly fails to document the dishing out of managed substances underneath this part commits a misdemeanor of the primary diploma.[4]

HB 21 additionally amends varied different sections of Florida regulation to extend the rules surrounding the prescribing and dishing out of managed substances.  This Alert doesn’t deal with all new necessities carried out underneath HB 21.

For extra info on Foley’s Well being Care Business Groups together with the group, publications, and different supplies, go to foley.com/health-care.

The foregoing was ready for normal info functions solely.  This info shouldn’t be authorized recommendation and isn’t to be acted upon as such.

[1] Fla. Stat. § 893.055(eight).

[2] For functions of this subsection, a ‘nonopioid managed substance’ is a managed substance that doesn’t include any quantity of a substance listed as an opioid in Florida Statutes part 893.03 or 21 U.S.C. part 812.

[3] Fla. Stat. § 893.055(three)(a).

[4] Id. § 893.055(9).

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