

These answers do not constitute a legal interpretation of HB 7095. For a legal interpretation on how to conduct your practice, please consult your attorney. You must reference the full text of HB 7095 to understand how it impacts your practice.
| General | |
| Q: | Is there a Department of Health Public Health Emergency Declaration Supplemental Order #01 suspending the requirement for health care practitioners to use counterfeit-proof prescription blanks/pads for 60 days? |
| A: | Under HB 7095, effective July 1, 2011, counterfeit-proof prescription pads/blanks must be used by health care practitioners for prescribing controlled substances listed in Section 893.03, Florida Statutes. To ensure that health care services to patients are not negatively impacted and to allow practitioners time to comply with the new requirement, State Health Officer and Surgeon General, Dr. H. Frank Farmer issued a supplemental order on July 6, 2011 suspending the requirement for health care practitioners to use counterfeit-proof prescription pads/blanks for 60 days. This runs concurrent with the July 1, 2011, Public Health Emergency Declaration, which ends August 29, 2011. View the Department of Health Declaration of Public Health Emergency, Supplemental Order #01 on the Department’s website at http://www.doh.state.fl.us. |
| Q: | Where can I get a copy of HB 7095? |
| A: | You can find a copy of HB 7095and other information on our website at http://www.doh.state.fl.us/mqa/HB7095.html . You can also go to the State Archives and Laws of Florida website and look for chapter 2011-141, Laws of Florida. |
| Q: | What prescriptions must be on a counterfeit-proof pad? |
| A: | Prescriptions for controlled substances must be written on a counterfeit-proof pad produced by an approved vendor or electronically prescribed. |
| Q: | What are the requirements for a written prescription? |
| A: | The requirements for a written prescription are outlined in section 456.42, F.S. |
| Q: | What is the definition of dispensing? |
| A: | Per section 893.02(7), F.S., “dispense” means the transfer of possession of one or more doses of a medicinal drug by a pharmacist or other licensed practitioner to the ultimate consumer thereof or to one who represents that it is his or her intention not to consume or use the same but to transfer the same to the ultimate consumer or user for consumption by the ultimate consumer or user. |
| Q: | What is the definition of prescribing? |
| A: | Per section 893.02(21), F.S., “prescription” means and includes an order for drugs or medicinal supplies written, signed, or transmitted by word of mouth, telephone, telegram, or other means of communication by a duly licensed practitioner licensed by the laws of the state to prescribe such drugs or medicinal supplies, issued in good faith and in the course of professional practice, intended to be filled, compounded, or dispensed by another person licensed by the laws of the state to do so, and meeting the requirements of s. 893.04. ... (Please see the statute for the complete definition.) |
| Q: | What is the definition of administering? |
| A: | Per section 893.02(1), F.S., “administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a person or animal. |
| Q: | Must veterinarians use counterfeit-proof prescription blanks when writing prescriptions for controlled substances listed in Chapter 893, F.S.? |
| A: | No. Veterinarians are not regulated by section 456.42, F.S. |
| Prescibers | |
| Q: | Do I have a grace period to use my old prescription blanks? |
| A: | HB 7095requires written prescriptions for controlled substances listed in section 893.03, F.S. to be on counterfeit-proof prescription blanks. The Supplemental Order 01# signed by State Health Office and Surgeon General Dr. H. Frank Framer on July 6, 2011 suspends this requirement for health care practitioners to use counterfeit-proof prescription blanks for 60 days. This runs concurrent with the July 1, 2011 Public Health Emergency Declaration which ends August 29, 2011. |
| Q: | Does my prescription have to be handwritten or can it be typed? |
| A: | A prescription may be typed, but must be signed by the prescribing practitioner on the day it is issued. |
| Q: | Can I call in a prescription for a controlled substance? |
| A: | Section 893.04(1)(f) and (2)(c), F.S. reflect the following regarding oral prescriptions:
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| Q: | Do I need to have a separate pad to write other prescriptions or can I use the counterfeit-proof prescription pads used for controlled substances? |
| A: | HB 7095 does not change the requirements for non-controlled substance prescription pads. See lines 243 – 255 of HB 7095. There is no prohibition from using counterfeit-proof prescription pad/blanks for non-controlled substance prescribing. |
| Q: | What should I do if I already have paper and/or prescription pads that meet AHCA Medicaid standards but the vendor is not on MQA’s approval list? |
| A: | Have your vendor contact the Division of Medical Quality Assurance, Bureau of Operations, at (850) 245-4063 or visit our website for information about becoming an approved vendor for the Department of Health. |
| Q: | Can I still send a prescription from my computer to the pharmacy? |
| A: | Please reference section 408.0611, F.S., which defines an electronic prescription and section 465.035, F.S. for requirements for faxing prescriptions. |
| Q: | Can I print a prescription from my computer to give to the patient? |
| A: | Lines 248 – 250 of HB 7095 outline the requirements for written prescriptions. |
| Q: | Does the requirement to use a counterfeit-proof prescription pad apply to antibiotics? |
| A: | HB 7095requires written prescriptions for controlled substances listed in section 893.03, F.S., to be written on counterfeit-proof prescription pads. Please review section 893.03, F.S. to make your determination. |
| Q: | If I ordered counterfeit-proof pads from an approved vendor prior to July 1st, and they have not been received, am I prohibited from writing any prescriptions until one is sent? |
| A: | Based on discussions with approved vendors, the vendors have indicated that counterfeit-proof prescription pads can be received within 3 to 5 days of the order date. Vendors have also indicated they can expedite orders. |
| Q: | Am I allowed to provide samples to my patients? |
| A: | Lines 1615 – 1620 of HB 7095 refer to the dispensing of samples. Please also refer to section 499.028, F.S., regarding drug samples or complimentary drugs. |
| Q: | Am I still allowed to administer medication in my office? |
| A: | It does not appear that HB 7095 modifies the administration of medication. |
| Q: | Am I required to have my dental license number pre-printed on the counterfeit-proof prescription pads? |
| A: | No, you are not required to pre-print your license number on the counterfeit-proof prescription pad or blank. |
| Q: | Am I required to have my DEA number pre-printed on the counterfeit-proof prescription pads? |
| A: | Approved vendors are required to provide a space on the counterfeit-proof prescription pad for the DEA number. |
| Q: | May I purchase counterfeit-proof prescriptions pads pre-printed with prescription information or prescription stamps? |
| A: | HB 7095 does not appear to address this question. Please consult your attorney and your vendor and use your professional judgment. |
| Q: | Does the physician name, address, etc. need to be preprinted on a counterfeit-proof prescription pad/blank when a physician is writing a controlled substance (listed in s. 893.03, F.S.) prescription for a hospital patient? |
| A: | The Department will update its rule to address situations like this one. Until the rule is updated, continue printing the approved counterfeit-proof pad/blank with the information required by the Agency for Health Care Administration (e.g, hospital name/address, space for the physicians DEA number, and the vendor’s unique tracking identification number). |
| Q: | Can I use a counterfeit-proof pad/blank produced by an approved vendor? |
| A: | After August 29, 2011, all counterfeit-proof prescription pads/blanks must meet these specifications at http://doh.state.fl.us/mqa/padvendor_specs.html. |
| Q: | May I print controlled substance prescriptions from my computer? |
| A: | The paper used to prescribe controlled substances listed in Chapter 893, Florida Statutes, must be produced by a vendor approved by the Department of Health and must have printed on the front the vendors unique tracking identification number. This number will be used by the Pharmacy to confirm/verify the prescription was written on a pad/blank produced by an approved vendor. For a list of approved vendors, please visit http://www.doh.state.fl.us/mqa/counterfeit-proof.html. If the vendor you currently use to produce the paper for your EMR system is not on our list of approved vendors, please suggest they apply to become an approved vendor. An application can be found online at http://www.doh.state.fl.us/mqa/counterfeit-proof.html. |
| Q: | How can I pull up the vendor list? |
| A: | Go to www.doh.state.fl.us/mqa/counterfeit-proof.html and click on the second blue button labeled “Approved Vendor List”. When the searchable site appears, click the search button at the bottom of the page. All approved vendors will appear. |
| Q: | What should I do if my paper gets rejected by a pharmacist? |
| A: | The Practitioner need to contact the vendor that are using and make sure the prescription paper meets all the specifications. The practitioner needs to confirm that the vendor is approved by the Florida Department of Health. |
| Q: | How do I get a “code” for my prescription pads? |
| A: | Practitioner will not be issued a “code” from the Department of Health. Please refer to the approved vendor list at www.doh.state.fl.us/maq/counterfeit-proof.html to view a list of approved vendors. |
| Pharmacists | |
| Q: | If a prescription is issued on a date prior to the effective date of the law and it was not written on a counterfeit-proof prescription pad/blank, may I fill the prescription? |
| A: | Yes as long as the date issued is prior to August 29, 2011. |
| Q: | What are the minimum specifications required on the counterfeit-proof prescription blanks/pads? |
| A: | To ensure the quality and security of counterfeit-proof prescription pads provided by the vendor, the vendor must agree to produce a counterfeit-proof prescription pad or blank that meets the minimum specifications listed below:
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| Q: | What does the new law require a pharmacist who receives a fraudulent prescription to do? |
| A: | A pharmacist must report to the sheriff within 24 hours after learning of any instance in which a person fraudulently obtained or attempted to fraudulently obtain a controlled substance. See lines 1261-1283 of HB 7095. |
| Q: | Can the pharmacy fill a prescription from an out of state or out of country prescriber? |
| A: | Section 465.003(14), F.S. provides:
14) "Prescription" includes any order for drugs or medicinal supplies written or transmitted by any means of communication by a duly licensed practitioner authorized by the laws of the state to prescribe such drugs or medicinal supplies and intended to be dispensed by a pharmacist. The term also includes an orally transmitted order by the lawfully designated agent of such practitioner. The term also includes an order written or transmitted by a practitioner licensed to practice in a jurisdiction other than this state, but only if the pharmacist called upon to dispense such order determines, in the exercise of her or his professional judgment, that the order is valid and necessary for the treatment of a chronic or recurrent illness. The term “prescription” also includes a pharmacist’s order for a product selected from the formulary created pursuant to s. 465.186. Prescriptions may be retained in written form or the pharmacist may cause them to be recorded in a data processing system, provided that such order can be produced in printed form upon lawful request. |
| Q: | Can I take a prescription for a controlled substance that is from another state? |
| A: | Yes. |
| Q: | The vendor name is not coming up when I put in the tracking number. How do I find the vendor? |
| A: | Search the Department's Approved Counterfeit-Proof Prescription Pads or Blanks Vendors online at http://ww2.doh.state.fl.us/ppv_search/default.aspx by inserting only the vendor's unique alpha identifier. The alpha identifier will appear is the first subset of the vendor tracking number that will appear on the front of the prescription. |
| Q: | If the vendor is not located in Florida, can they become a Department approved vendor? |
| A: | Yes. The Department has approved several out-of-state vendors to produce prescription pads/blanks. |
| Q: | Do approved counterfeit-proof prescription pad vendors have to be physically located in the state of Florida? |
| A: | No. The Department has approved several out-of-state vendors to produce prescription pads/blanks. |
| Q: | The vendor ID is on the back of the prescription. Is that valid? |
| A: | No. Vendors are required to have a unique tracking identification number for each order which is printed on the front of the blank and readily visible. The unique tracking identification number must consist of three subsets: (1) a unique alphabetic prefix that readily identifies the vendor, (2) the date of printing (YRMODY Format), and (3) a batch number (assigned by the vendor) |
| Q: | I can't find the watermark. What do I do? |
| A: | The watermark is an artificial watermark created by the vendor or paper supplier. You can contact the vendor to find out what watermark was used with a specific order. The water mark may be as simple as the type of paper listed on the back of the prescription. |
| Q: | The vendor's tracking number has dashes in it. Is a tracking number with dashes valid? |
| A: | No. The Department of Health adopted the Agency for Health Care Administration's-Medicaid Provider Programs Counterfeit-proof Prescription Pad standards established 8 years ago to ensure that the Department of Health did not disrupt the Medicaid Programs business process. The Department of Health has been told by the Agency for Health Care Administration that dashes are not acceptable in the vendor unique tracking number. In fact, the agreement with Department of Health approved vendors clearly states that "the unique tracking identification number must consist of three subsets: (1) a unique alphabetic prefix that readily identifies the vendor, (2) the date of printing, and (3) a batch number (which is assigned by the vendor). The alpha characters must appear first in the tracking identification number in upper case, the date must immediately follow the vendor's unique alpha identifier and be presented in six character numerical field using YRMODY, and the batch number must immediately follow the printed date." The use of the words "immediately follow" does not allow for dashes to be used between these subsets. |
| Q: | What do I do if the tracking number is not correct? |
| A: | Contact the prescribing practitioner and ask them to verify with their vendor that the supplied paper meets all the requirements. |
| Q: | Does HB 7095 apply to veterinarians who prescribe controlled substances? |
| A: | No. HB 7095 does not apply to animals. |
| Q: | Does the tracking number have to be only six digits? |
| A: | No. The date must be six digits, but the tracking number can be any length of numbers. The date must appear immediately following the vendor ID in year/month/day format (ABC110929xxxxxxxxx) |
| Q: | What do I do if the unique tracking number printed on the counterfeit-proof prescription contains special characters (e.g., dashes, periods, commas, slashes, alpha characters)? |
| A: | To ensure patients are not adversely affected and to address any confusion regarding the specification for printing a unique tracking number on counterfeit-proof prescription pads or blanks produced by approved vendor, the Department authorizes Florida licensed pharmacies to fill prescriptions for controlled substances written on a counterfeit-proof prescriptions with a unique tracking number that is incorrect, as long as the counterfeit-proof prescription pad or blank was produced by an approved vendor on or before November 1, 2011. Pharmacies should confirm the vendor is approved to produce counterfeit-proof prescription pads or blanks by visiting the Department’s searchable website at http://ww2.doh.state.fl.us/ppv_search/default.aspx. The pharmacy should also verify the prescription pad or blank was produced on or before November 1, 2011. The second subset of the unique tracking number shows the YRMODY on or before November 1, 2011 (e.g., 111101). |
| Vendors | |
| Q: | Where can I find the requirements to become an approved vendor for counterfeit-proof pads? |
| A: | Contact the Division of Medical Quality Assurance, Bureau of Operations, at (850) 245-4063 or visit our website for information about becoming an approved vendor for the Department of Health. |
| Q: | What are the minimum specifications the vendor must include on the counterfeit-proof prescription pad/blank in order to be approved by the Department? |
| A: | The specifications for counterfeit-proof prescription blanks/pads are published at http://www.doh.state.fl.us/mqa/padvendor_specs.html. |
| Q: | What information must be reported to the Department? |
| A: | Section. 456.42, F.S., requires approved vendors submit a monthly report to the Department which, at a minimum, documents the number of prescription pads sold and identifies the purchasers. Such report must be submitted by the approved vendor and received by the Department no later than the 15th day of the following month. The Department is in the process of establishing procedures for vendor reporting. Once procedures are established, we will notify all approved vendors and post information online. |
| REPORTING | |
| Q: | Does the monthly report require a vendor to report prescription pad/blank sales through the 15th of the month? |
| A: | No. The report is based on sales for a specific month (e.g., August 1-31, September 1-30, etc). Vendors are required to submit their monthly report by the 15th of the following month (e.g., September 1st through September 15th). |
| Q: | When I try to create or modify my monthly report online, the system gives me an error message. What should I do? |
| A: | The system will give you an error message for the following reasons: A) Error Message: ERROR: Data for this reporting period already exists. B) Error message: Invalid order date. Month value must be the same as the reporting month. C) Error message: Invalid order date. |
| Q: | I need to report a clinic that has three doctors listed on the prescription. Where do I do this on the report? |
| A: | When reporting for a facility, enter the name of the facility, followed by the names of the doctors. |
| Q: | I printed my tracking number four times on blank 8½ x 11 sheets for a doctor's office. How do I report that? |
| A: | In the “# Blanks/8½ x 11” field, list the number of sheets and then in the “single scripts” column, list the number of times the tracking number was printed. For example, 1000 in the “# Blanks/8½ x 11” box and 4000 in the “single scripts” box. |
| Q: | What is the “Imprint Scripts” box for? Do I need to put anything in that space? |
| A: | The “Imprint Scripts” box is for reporting the medications that were printed by the vendor on the prescription pads. If no medication was printed, nothing should be entered into the box. |
| Q: | Do I still need to report if I have not printed any prescriptions this month? |
| A: | Yes. Upon logging into the reporting system, click on the link “create monthly report” for the month that needs to be reported and check the box directly under the reporting month and year that states “Please check here if you have no data to submit for the selected reporting period.” Be sure to click “OK” to submit for the month. |
| Q: | I need to go back and edit my monthly report, but the system is not allowing me to enter the specified reporting month. What so I do? |
| A: | Once you click “Submit”, the report has been filed with the Department of Health. If more entries will be entered at a later date, save the changes made for that login and exit the system. If the monthly reporting is completed, click “Review” and make sure everything in the report is completed, then click “submit”. The system will prompt the vendor to confirm the monthly report is correct and that nothing will be added. If the report is complete, click “Submit”. The vendor will then have the option of printing the submitted report for their records. If the report is not complete and the vendor needs to make further changes, please contact the Department at 850-245-4063. |
| PAPER QUESTIONS | |
| Q: | Can I provide blank stock to the practitioner for controlled substance prescriptions? |
| A: | Yes, you can provide blank stock to the practitioner for use with controlled substance prescriptions. However, the paper must meet all the security and safety standards required by the Department and the vendor must print their tracking number (three letter ID, date and batch number) on the front of the paper. If the practitioner is going to be printing more than one prescription per blank sheet, the tracking number must be listed multiple times on the sheet to accommodate multiple prescriptions. The practitioner CANNOT print the tracking number themselves. Please refer to Section I.G. of your agreement with the Department. |
| Q: | Can tracking numbers have dashes? |
| A: | No. The tacking number cannot have any special characters or spaces. The tracking number must consist of three subsets: (1) a unique alphabetic prefix that readily identifies the vendor, (2) the date of printing, and (3) a batch number. The alpha characters used to identify the vendor will be assigned by the Department, must be unique to the vendor, and must appear first in the tracking identification number in upper case. The date the blank was printed must immediately follow the vendor's unique alpha identifier and must be presented in a six character number field using the format YrMoDy. For example, July 4, 2011 would be coded as 110704. The batch number assigned by the vendor must immediately follow the print date. From left to right, the tracking identification number must appear as alpha prefix, print date, and then batch number, with no blank spaces between subsets. For example, ABC1107040001. Pharmacies are using this unique tracking identification number as a way of confirming the paper was produced by a vendor approved by the Department of Health. Without this information on the printed on the counterfeit-proof paper, the pharmacy has no way of knowing the counterfeit-proof prescription pad/blank was sold to the practitioner by an approved vendor. |
| Q: | Which health care practitioners are required to purchase counterfeit-proof prescription pads/blanks for prescribing controlled substances as mandated in s. 456.42, Florida Statutes? |
| A: | Allopathic physicians (MD), osteopathic physicians (DO), podiatric physicians (PO), and Dentists (DMD or DDS). |
| Q: | Can I print my unique tracking number on the backside of the prescription? |
| A: | No. The unique tracking identification number must be printed on the front of the blank and readily visible (see Section I.G. of your agreement with the Department). |
| Q: | Must the counterfeit-proof prescription pad be pre-printed with the DEA number? |
| A: | The DEA number can be preprinted on the prescription pad or there can be a space for the for the DEA number to be handwritten (see Section I.E(2) of the vendor agreement). If a space is provided, it could be shown as DEA#_____________________. |
| Q: | Can Hospitals, Clinics and other Medical Facilities be listed on the prescription pad instead of listing all practitioners in the practice? |
| A: | Yes. The licensed facility may be listed instead of the practitioner names if the names will not fit listed on the prescription. The vendor must validate the license number of the facility by referring to www.floridahealthfinder.gov. The hospital, clinic or other medical facility must have the physical address of the location listed on the front of the prescription, under the facility name. |
| Q: | Does the license number for the practitioner or facility need to be printed or listed on the front of the prescription? |
| A: | No. Only the DEA number must be listed on the front of the prescription pad. The license number must be kept on file with the order by the vendor. The Department may request this information at any time. |
| Q: | What should I do if a job is printed incorrectly? |
| A: | It is the vendor's responsibility to correct the error. The vendor will need to contact the Department regarding the incorrectly printed quantity and the correctly printed quantity. The vendor is responsible for working with the practitioner to ensure that the corrected order is without errors. |
| Q: | What are the paper requirements for the counterfeit-proof prescription pads? |
| A: | Counterfeit-proof Prescription Pad Sample (pdf - 563kb)
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| Q: | Where are prescriptions allowed to be shipped for delivery? |
| A: | The prescriptions may be shipped to a medical facility or practitioner home, and the package must have a signature upon delivery. |
| Q: | Can I use prescription paper that has a pantograph other than the word “VOID” or “ILLEGAL” (e.g. “RX INVALID”) when copied? |
| A: | No. We realize the industry offers several pantograph solutions that invalidates a script if copied; however, since s. 456.042(2), Florida Statutes, required the department approve vendors to produce standardized counterfeit-proof prescription pads or blanks, the department adopted specifications that were already approved by the Agency for Health Care Administration, Medicaid Provider Program, and the Department’s Rule 64B-3.005, FAC. Both agencies requires a pantograph that displays the word "VOID" or "ILLEGAL" to appear on the prescription if copied. |
| Q: | What should a vendor do if they print a unique tracking number on the counterfeit-proof prescription pads or blanks that contains special characters (e.g., dashes, periods, commas, slashes, alpha characters)? |
| A: | To ensure patients are not adversely affected and to address any confusion regarding the specification for printing a unique tracking number on counterfeit-proof prescription pads/blanks produced by the vendor, the Department is notifying Florida Pharmacies that some approved vendors may have produced counterfeit-proof prescription pads/blanks that included spaces or special characters (e.g., dashes, periods, commas, slashes, alpha characters) in the vendor's unique tracking number and authorizing Florida pharmacies to accept prescriptions that included spaces or special characters in the vendor's unique tracking number as long as these prescriptions were produced prior to November 1, 2011 (the second subset with YRMODY, 111101) by an approved vendor. This will allow approved vendors who did not fully understand the requirement for printing the three subsets that make up the unique tracking number to make the appropriate corrections to ensure compliance with the agreement. However, if the vendor prints an incorrect unique tracking number after November 1, 2011, the vendor must correct the printing error and reprint the order for the prescribing practitioner. |
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Last Updated: 10/18/2011
| MISSION: | To protect and promote the health of all residents and visitors in the state through organized state |
| and community efforts, including cooperative agreements with counties. | |
| VISION: | A healthier future for the people of Florida. |
| PURPOSE: | To protect the public through health care licensure, enforcement and information. |
| FOCUS: | To be the nation's leader in quality health care regulation. |
| VALUES: | Integrity, Commitment, Respect, Excellence, Accountability, Teamwork, & Empowerment. |