Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 966
                                Barcode 314864                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Grimsley moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 3831 and 3832
    4  insert:
    5         Section 86. Paragraph (b) of subsection (2), subsection
    6  (10), and paragraph (c) of subsection (11) of section 893.055,
    7  Florida Statutes, is amended to read:
    8         893.055 Prescription drug monitoring program.—
    9         (2)
   10         (b) The department, when the direct support organization
   11  receives at least $20,000 in nonstate moneys or the state
   12  receives at least $20,000 in federal grants for the prescription
   13  drug monitoring program, shall adopt rules as necessary
   14  concerning the reporting, accessing the database, evaluation,
   15  management, development, implementation, operation, security,
   16  and storage of information within the system, including rules
   17  for when patient advisory reports are provided to pharmacies and
   18  prescribers. The patient advisory report shall be provided in
   19  accordance with s. 893.13(7)(a)8. The department shall work with
   20  the professional health care licensure boards, such as the Board
   21  of Medicine, the Board of Osteopathic Medicine, and the Board of
   22  Pharmacy; other appropriate organizations, such as the Florida
   23  Pharmacy Association, the Florida Medical Association, the
   24  Florida Retail Federation, and the Florida Osteopathic Medical
   25  Association, including those relating to pain management; and
   26  the Attorney General, the Department of Law Enforcement, and the
   27  Agency for Health Care Administration to develop rules
   28  appropriate for the prescription drug monitoring program.
   29         (10) All costs incurred by the department in administering
   30  the prescription drug monitoring program shall be funded through
   31  state funds, federal grants, or private funding applied for or
   32  received by the state. The department may not commit funds for
   33  the monitoring program without ensuring funding is available.
   34  The prescription drug monitoring program and the implementation
   35  thereof are contingent upon receipt of the nonstate funding. The
   36  department and state government shall cooperate with the direct
   37  support organization established pursuant to subsection (11) in
   38  seeking state funds, federal grant funds, other nonstate grant
   39  funds, gifts, donations, or other private moneys for the
   40  department if so long as the costs of doing so are not
   41  considered material. Nonmaterial costs for this purpose include,
   42  but are not limited to, the costs of mailing and personnel
   43  assigned to research or apply for a grant. Notwithstanding the
   44  exemptions to competitive-solicitation requirements under s.
   45  287.057(3)(f), the department shall comply with the competitive
   46  solicitation requirements under s. 287.057 for the procurement
   47  of any goods or services required by this section. Funds
   48  provided, directly or indirectly, by prescription drug
   49  manufacturers may not be used to implement the program.
   50         (11) The department may establish a direct-support
   51  organization that has a board consisting of at least five
   52  members to provide assistance, funding, and promotional support
   53  for the activities authorized for the prescription drug
   54  monitoring program.
   55         (c) The State Surgeon General shall appoint a board of
   56  directors for the direct-support organization. Members of the
   57  board shall serve at the pleasure of the State Surgeon General.
   58  The State Surgeon General shall provide guidance to members of
   59  the board to ensure that moneys received by the direct-support
   60  organization are not received from inappropriate sources.
   61  Inappropriate sources include, but are not limited to, donors,
   62  grantors, persons, or organizations, or pharmaceutical
   63  companies, that may monetarily or substantively benefit from the
   64  purchase of goods or services by the department in furtherance
   65  of the prescription drug monitoring program.
   67  ================= T I T L E  A M E N D M E N T ================
   68         And the title is amended as follows:
   69         Delete line 354
   70  and insert:
   71         conform to changes made by the act; amending s.
   72         893.055, F.S.; deleting obsolete provisions; deleting
   73         a provision that prohibits funds from prescription
   74         drug manufacturers to be used to implement the
   75         prescription drug monitoring program; authorizing the
   76         prescription drug monitoring program to be funded by
   77         state funds; revising the sources of money which are
   78         inappropriate for the direct-support organization of
   79         the prescription drug monitoring program to receive;
   80         creating s.