Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 964 Ì623746<Î623746 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/01/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Bean) recommended the following: 1 Senate Amendment (with directory and title amendments) 2 3 Between lines 20 and 21 4 insert: 5 (7) 6 (c) The following entities areshallnotbeallowed direct 7 access to information in the prescription drug monitoring 8 program database but may request from the program manager and, 9 when authorized by the program manager, the program manager’s 10 program and support staff, information that is confidential and 11 exempt under s. 893.0551. BeforePrior torelease, atherequest 12 by the following entities shall be verified as authentic and 13 authorized with the requesting organization by the program 14 manager, the program manager’s program and support staff, or as 15 determined in rules by the department as being authentic and as 16 having been authorized by the requesting entity: 17 1. The department or its relevant health care regulatory 18 boards responsible for the licensure, regulation, or discipline 19 of practitioners, pharmacists, or other persons who are 20 authorized to prescribe, administer, or dispense controlled 21 substances and who are involved in a specific controlled 22 substance investigation involving a designated person for one or 23 more prescribed controlled substances. 24 2. The Attorney General for Medicaid fraud cases involving 25 prescribed controlled substances. 26 3. A law enforcement agency during active investigations of 27regardingpotential criminal activity, fraud, or theft regarding 28 prescribed controlled substances. 29 4. A patient or the legal guardian or designated health 30 care surrogate of an incapacitated patient as described in s. 31 893.0551 who, for the purpose of verifying the accuracy of the 32 database information, submits a written and notarized request 33 that includes the patient’s full name, address, and date of 34 birth, and includes the same information if the legal guardian 35 or health care surrogate submits the request. The request shall 36 be validated by the department to verify the identity of the 37 patient and the legal guardian or health care surrogate, if the 38 patient’s legal guardian or health care surrogate is the 39 requestor. Such verification is also required for any request to 40 change a patient’s prescription history or other information 41 related to his or her information in the electronic database. 42 5. An impaired practitioner consultant who is retained by 43 the department under s. 456.076 for the purpose of reviewing the 44 database information of an impaired practitioner program 45 participant or a referral who has agreed to be evaluated or 46 monitored through the program and who has separately agreed in 47 writing to the consultant’s access to and review of such 48 information. 49 50 Information in the database for the electronic prescription drug 51 monitoring system is not discoverable or admissible in any civil 52 or administrative action, except in an investigation and 53 disciplinary proceeding by the department or the appropriate 54 regulatory board. 55 Section 2. Paragraph (h) is added to subsection (3) of 56 section 893.0551, Florida Statutes, and subsections (6) and (7) 57 of that section are republished, to read: 58 893.0551 Public records exemption for the prescription drug 59 monitoring program.— 60 (3) The department shall disclose such confidential and 61 exempt information to the following persons or entities upon 62 request and after using a verification process to ensure the 63 legitimacy of the request as provided in s. 893.055: 64 (h) An impaired practitioner consultant who has been 65 authorized in writing by a participant in, or by a referral to, 66 the impaired practitioner program to access and review 67 information as provided in s. 893.055(7)(c)5. 68 (6) An agency or person who obtains any confidential and 69 exempt information pursuant to this section must maintain the 70 confidential and exempt status of that information and may not 71 disclose such information unless authorized by law. Information 72 shared with a state attorney pursuant to paragraph (3)(a) or 73 paragraph (3)(c) may be released only in response to a discovery 74 demand if such information is directly related to the criminal 75 case for which the information was requested. Unrelated 76 information may be released only upon an order of a court of 77 competent jurisdiction. 78 (7) A person who willfully and knowingly violates this 79 section commits a felony of the third degree, punishable as 80 provided in s. 775.082, s. 775.083, or s. 775.084. 81 82 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 83 And the directory clause is amended as follows: 84 Delete line 12 85 and insert: 86 section 893.055, Florida Statutes, and paragraph (c) of 87 subsection (7) of that section is amended, to read: 88 89 ================= T I T L E A M E N D M E N T ================ 90 And the title is amended as follows: 91 Delete line 6 92 and insert: 93 to the prescription drug monitoring program; 94 authorizing an impaired practitioner consultant to 95 access an impaired practitioner program participant’s 96 or referral’s record in the prescription drug 97 monitoring program’s database; amending s. 893.0551, 98 F.S.; requiring the Department of Health to disclose 99 certain information from the prescription drug 100 monitoring program to an impaired practitioner 101 consultant under certain circumstances; providing