Regulation of Medicine


Florida House Introduces New Opioid Bill

By Carrie Lowe, JD

December 7, 2017

House Bill 21 (HB21) was recently filed in the Florida House of Representatives by Representative Jim Boyd. This legislation follows Governor Rick Scott’s proposal to combat opioid abuse. A similar bill (SB 8) was filed in the Florida Senate by Senator Lizbeth Benacquisto.

The 114-page bill limits opioid prescriptions for the treatment of acute pain to a three-day supply. Prescribers may write up to a 7-day supply if more than a three-day supply is medically necessary. “MEDICALLY NECESSARY” must be indicated on the prescription. For a 7-day supply the prescriber must document in the medical record the acute medical condition and the lack of alternative treatment options that justify deviation from the standard three-day supply. 

Prescribers or dispensers (or a designee of a prescriber or a dispenser) must consult the prescription drug monitoring program to review a patient’s controlled substance dispensing history before prescribing or dispensing a controlled substance. If the prescriber or dispenser does not consult the system, he or she must document why the system was not consulted, and may only prescribe a three-day supply.

HB 21 also requires each person registered with the US DEA and authorized to prescribe controlled substances, to complete a board-approved two-hour CME course on prescribing controlled substances as part of his or her biennial renewal. 

MagMutual will monitor this legislation during the 2018 legislative session, which begins on January 9, 2018. If you have questions about this bill or any other legislation, please contact MagMutual’s Government and Legislative Affairs Manager, Nichole Lydon, at 404-842-5574.


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