As required by law, the purpose of this new rule is to establish the criteria indicating that a patient may be abusing controlled substance prescription drugs.

DEPARTMENT OF HEALTH
Prescription Drug Monitoring Program

RULE NO.: RULE TITLE:
64K-1.007: Indicators of Substance Abuse
PURPOSE AND EFFECT: As required by law, the purpose of this new rule is to establish the criteria indicating that a patient may be abusing controlled substance prescription drugs.
SUMMARY: This rule sets forth the criteria under which an individual may be identified as abusing controlled substance prescription drugs. It authorizes the Program Manager to provide relevant information to the health care practitioners who have prescribed or dispensed controlled substances to that individual.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The agency does not anticipate the need for ratification as the amendment of this rule will not have the adverse impact or regulatory costs in excess of $1 million in five years as established in Section 120.541(2)(a)1., 2. and 3., F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 893.055 FS.
LAW IMPLEMENTED: 893.055(2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rebecca R. Poston, Program Manager, 4052 Bald Cypress Way, Bin #C16, Tallahassee, Florida 32399-3250, [phone] or [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

64K-1.007 Indicators of Controlled Substance Abuse.

(1) The following behavior indicates controlled substance abuse:

A patient who within a 90-day time period: (1) obtains a prescription for a controlled substance in Schedules II, III, or IV, as defined in Section 893.03, F.S., from more than one prescriber; and (2) is dispensed a controlled substance in Schedules II, III, or IV, as defined in Section 893.03, F.S., from five or more pharmacies.

(2) Upon identifying a patient who exhibits or for whom the behavior outlined in subsection (1) has been exhibited, the Program Manager may provide relevant information to the identified health care practitioners who have prescribed or dispensed controlled substances to the identified patient within the 90-day period.

Rulemaking Authority 893.055 FS. Law Implemented 893.055(2) FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Rebecca Poston
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: H. Frank Farmer, Jr., M.D., Ph.D., FACP
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 27, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 10, 2011