Florida Senate - 2009                                    SB 1354
       
       
       
       By Senator Bennett
       
       
       
       
       21-01513-09                                           20091354__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         893.0551, F.S.; exempting from public-records
    4         requirements information and records reported to the
    5         Department of Health under the electronic system for
    6         monitoring the dispensing of certain controlled
    7         substances; authorizing certain persons and entities
    8         access to information; providing restrictions on the
    9         use of such information and criminal penalties for
   10         violations; authorizing agreements with other states
   11         to exchange prescription drug monitoring information;
   12         providing factors for considering such agreements;
   13         requiring a report concerning any such agreements;
   14         limiting the purposes for which information may be
   15         shared under such agreements; providing for future
   16         legislative review and repeal; providing a finding of
   17         public necessity; providing a contingent effective
   18         date.
   19         
   20  Be It Enacted by the Legislature of the State of Florida:
   21         
   22         Section 1. Section 893.0551, Florida Statutes, is created
   23  to read:
   24         893.0551 Electronic system for monitoring the dispensing of
   25  certain controlled substances; public-records exemption.—
   26         (1) Information collected by the department under s.
   27  893.055 is confidential and exempt from s. 119.07(1) and s.
   28  24(a), Art. I of the State Constitution. However, the department
   29  may disclose such information:
   30         (a) To a patient to whom the prescription is written.
   31         (b) To a person with the express written consent of the
   32  patient to whom the prescription is written or the patient's
   33  legally authorized representative.
   34         (c) To a person charged with protecting the health or life
   35  of the patient in a medical emergency.
   36         (d) By court order upon a showing of good cause.
   37         (e) To a practitioner or pharmacist who requests the
   38  information and certifies that the requested information is for
   39  the purpose of providing medical or pharmaceutical treatment to
   40  a bona fide current patient.
   41         (f) To a law enforcement officer of this state, another
   42  state, or the United States whose duty it is to enforce the laws
   43  of this state, another state, or the United States relating to
   44  controlled substances and who is engaged in a bona fide specific
   45  investigation involving a designated person.
   46         (g) To the Medicaid Fraud Control Unit in the Department of
   47  Legal Affairs for the purpose of a bona fide specific
   48  investigation under s. 409.920 involving a designated person.
   49         (h) To a designated representative of a state professional
   50  licensing, certification, or regulatory agency charged with
   51  oversight of those persons authorized to prescribe or dispense
   52  controlled substances for the purpose of a bona fide specific
   53  investigation involving a designated person.
   54         (i) To a person or agency authorized to receive the
   55  information under s. 119.0712(1)(d), provided that any
   56  information disclosed must have had all information that would
   57  permit the identification of persons removed prior to
   58  disclosure.
   59         (2) Recipients of information lawfully disclosed under
   60  subsection (1) may retain the information for up to 24 months
   61  before purging the information from their records. However, the
   62  information may be retained longer than 24 months if the
   63  information is pertinent to an ongoing prosecution or
   64  disciplinary proceeding.
   65         (3) The department may retain information collected under
   66  s. 893.055 for up to 24 months before purging the information
   67  from its records.
   68         (4) A person authorized to receive information under
   69  subsection (1) who:
   70         (a)Knowingly discloses such information in violation of
   71  this section; or
   72         (b)Uses such information in a manner or for a purpose in
   73  violation of this section
   74  commits a misdemeanor of the first degree, punishable as
   75  provided in s. 775.082 or s. 775.083.
   76         (5)(a) The State Surgeon General may enter into reciprocal
   77  agreements for the sharing of prescription drug monitoring
   78  information with any other state or states that have compatible
   79  prescription drug monitoring programs. If the State Surgeon
   80  General elects to evaluate the prescription drug monitoring
   81  program of another state as authorized by this subsection,
   82  priority shall be given to a state that is contiguous with the
   83  borders of this state.
   84         (b)In determining compatibility, the State Surgeon General
   85  shall consider:
   86         1. The essential purposes of the program and the success of
   87  the program in fulfilling those purposes.
   88         2. The safeguards for privacy of patient records and the
   89  success of the program in protecting patient privacy.
   90         3. The persons authorized to view the data collected by the
   91  program.
   92         4. The schedules of the controlled substances monitored.
   93         5. The data required to be submitted on each prescription.
   94         6. Any implementation criteria deemed essential for a
   95  thorough comparison.
   96         7.The costs and benefits to the state in sharing
   97  particular information available in the state's database with
   98  the program under consideration.
   99         (c)The State Surgeon General shall review any agreement on
  100  an annual basis to determine its continued compatibility with
  101  the prescription drug monitoring program in this state.
  102         (d)The State Surgeon General shall submit an annual report
  103  to the Governor, the President of the Senate, and the Speaker of
  104  the House of Representatives that summarizes any agreement
  105  entered into under this subsection and that analyzes the
  106  effectiveness of that agreement in monitoring the dispensing of
  107  controlled substances in this state.
  108         (e)Any agreement between the State Surgeon General and
  109  another state shall prohibit the sharing of information about a
  110  resident of this state or a practitioner, pharmacist, or other
  111  prescriber for any purpose not otherwise authorized by this
  112  section or s. 893.055.
  113         (6) This section is subject to the Open Government Sunset
  114  Review Act in accordance with s. 119.15 and shall stand repealed
  115  on October 2, 2014, unless reviewed and saved from repeal
  116  through reenactment by the Legislature.
  117         Section 2. The Legislature finds that it is a public
  118  necessity that the information contained in the records provided
  119  to the Department of Health, or any person or agency authorized
  120  by the department, pursuant to s. 893.055, Florida Statutes, be
  121  confidential and exempt from disclosure. Notwithstanding the
  122  privacy issues surrounding the prescription and dispensing of
  123  controlled substances listed in Schedule II, Schedule III, and
  124  Schedule IV of s. 893.03, Florida Statutes, the use of an
  125  electronic monitoring system, with oversight by the department,
  126  will assist in the development of improved prescription and
  127  dispensing practices and better protect the public and its
  128  citizens. Further, the use of an electronic monitoring system
  129  will facilitate investigations and prosecutions of violations of
  130  state drug laws, thereby increasing compliance with those laws.
  131  However, if such information is not made confidential and exempt
  132  from disclosure, any person could inspect and copy a patient's
  133  records and have knowledge of that patient's prescriptions for
  134  controlled substances listed in Schedule II, Schedule III, or
  135  Schedule IV. The availability of such information to the public
  136  would result in the invasion of a patient's privacy. Thus, the
  137  Legislature finds that information reported pursuant to s.
  138  893.055, Florida Statutes, must be confidential and exempt from
  139  disclosure under s. 119.07(1), Florida Statutes, and s. 24(a),
  140  Art. I of the State Constitution.
  141         Section 3. This act shall take effect July 1, 2009, if SB
  142  ___ or similar legislation establishing an electronic system for
  143  monitoring the dispensing of controlled substances listed in
  144  Schedule II, Schedule III, and Schedule IV is adopted in the
  145  same legislative session or an extension thereof and becomes
  146  law.