Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 964
       
       
       
       
       
       
                                Ì7571362Î757136                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/29/2016           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Fiscal Policy (Bean) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 20 - 88
    4  and insert:
    5  section 893.055, Florida Statutes, and paragraphs (b) and (c) of
    6  subsection (7) and subsection (12) of that section are amended,
    7  to read:
    8         893.055 Prescription drug monitoring program.—
    9         (5) When the following acts of dispensing or administering
   10  occur, the following are exempt from reporting under this
   11  section for that specific act of dispensing or administration:
   12         (g) A rehabilitative hospital, assisted living facility, or
   13  nursing home dispensing a certain dosage of a controlled
   14  substance, as needed, to a patient as ordered by the patient’s
   15  treating physician.
   16         (7)
   17         (b) A pharmacy, prescriber, or dispenser, or the designee
   18  of a pharmacy, prescriber, or dispenser, shall have access to
   19  information in the prescription drug monitoring program’s
   20  database which relates to a patient of that pharmacy,
   21  prescriber, or dispenser in a manner established by the
   22  department as needed for the purpose of reviewing the patient’s
   23  controlled substance prescription history. Other access to the
   24  program’s database shall be limited to the program’s manager and
   25  to the designated program and support staff, who may act only at
   26  the direction of the program manager or, in the absence of the
   27  program manager, as authorized. Access by the program manager or
   28  such designated staff is for prescription drug program
   29  management only or for management of the program’s database and
   30  its system in support of the requirements of this section and in
   31  furtherance of the prescription drug monitoring program.
   32  Confidential and exempt information in the database shall be
   33  released only as provided in paragraph (c) and s. 893.0551. The
   34  program manager, designated program and support staff who act at
   35  the direction of or in the absence of the program manager, and
   36  any individual who has similar access regarding the management
   37  of the database from the prescription drug monitoring program
   38  shall submit fingerprints to the department for background
   39  screening. The department shall follow the procedure established
   40  by the Department of Law Enforcement to request a statewide
   41  criminal history record check and to request that the Department
   42  of Law Enforcement forward the fingerprints to the Federal
   43  Bureau of Investigation for a national criminal history record
   44  check.
   45         (c) The following entities are shall not be allowed direct
   46  access to information in the prescription drug monitoring
   47  program database but may request from the program manager and,
   48  when authorized by the program manager, the program manager’s
   49  program and support staff, information that is confidential and
   50  exempt under s. 893.0551. Before Prior to release, a the request
   51  by the following entities shall be verified as authentic and
   52  authorized with the requesting organization by the program
   53  manager, the program manager’s program and support staff, or as
   54  determined in rules by the department as being authentic and as
   55  having been authorized by the requesting entity:
   56         1. The department or its relevant health care regulatory
   57  boards responsible for the licensure, regulation, or discipline
   58  of practitioners, pharmacists, or other persons who are
   59  authorized to prescribe, administer, or dispense controlled
   60  substances and who are involved in a specific controlled
   61  substance investigation involving a designated person for one or
   62  more prescribed controlled substances.
   63         2. The Attorney General for Medicaid fraud cases involving
   64  prescribed controlled substances.
   65         3. A law enforcement agency during active investigations of
   66  regarding potential criminal activity, fraud, or theft regarding
   67  prescribed controlled substances.
   68         4. A patient or the legal guardian or designated health
   69  care surrogate of an incapacitated patient as described in s.
   70  893.0551 who, for the purpose of verifying the accuracy of the
   71  database information, submits a written and notarized request
   72  that includes the patient’s full name, address, and date of
   73  birth, and includes the same information if the legal guardian
   74  or health care surrogate submits the request. The request shall
   75  be validated by the department to verify the identity of the
   76  patient and the legal guardian or health care surrogate, if the
   77  patient’s legal guardian or health care surrogate is the
   78  requestor. Such verification is also required for any request to
   79  change a patient’s prescription history or other information
   80  related to his or her information in the electronic database.
   81         5.An impaired practitioner consultant who is retained by
   82  the department under s. 456.076 for the purpose of reviewing the
   83  database information of an impaired practitioner program
   84  participant or a referral who has agreed to be evaluated or
   85  monitored through the program and who has separately agreed in
   86  writing to the consultant’s access to and review of such
   87  information.
   88  
   89  Information in the database for the electronic prescription drug
   90  monitoring system is not discoverable or admissible in any civil
   91  or administrative action, except in an investigation and
   92  disciplinary proceeding by the department or the appropriate
   93  regulatory board.
   94         (12) A prescriber or dispenser, or his or her designee, may
   95  have access to the information under this section which relates
   96  to a patient of that prescriber or dispenser as needed for the
   97  purpose of reviewing the patient’s controlled drug prescription
   98  history. A prescriber or dispenser acting in good faith is
   99  immune from any civil, criminal, or administrative liability
  100  that might otherwise be incurred or imposed for receiving or
  101  using information from the prescription drug monitoring program.
  102  This subsection does not create a private cause of action, and a
  103  person may not recover damages against a prescriber or dispenser
  104  authorized to access information under this subsection for
  105  accessing or failing to access such information.
  106         Section 2. Paragraphs (d), (e), and (g) of subsection (3)
  107  of section 893.0551, Florida Statutes, are amended, paragraph
  108  (h) is added to subsection (3) of that section, and subsections
  109  (6) and (7) of that section are republished, to read:
  110         893.0551 Public records exemption for the prescription drug
  111  monitoring program.—
  112         (3) The department shall disclose such confidential and
  113  exempt information to the following persons or entities upon
  114  request and after using a verification process to ensure the
  115  legitimacy of the request as provided in s. 893.055:
  116         (d) A health care practitioner, or his or her designee, who
  117  certifies that the information is necessary to provide medical
  118  treatment to a current patient in accordance with ss. 893.05 and
  119  893.055.
  120         (e) A pharmacist, or his or her designee, who certifies
  121  that the requested information will be used to dispense
  122  controlled substances to a current patient in accordance with
  123  ss. 893.04 and 893.055.
  124         (g) The patient’s pharmacy, prescriber, or dispenser, or
  125  the designee of the pharmacy, prescriber, or dispenser, who
  126  certifies that the information is necessary to provide medical
  127  treatment to his or her current patient in accordance with s.
  128  893.055.
  129  
  130  ================= T I T L E  A M E N D M E N T ================
  131  And the title is amended as follows:
  132         Delete lines 7 - 11
  133  and insert:
  134         authorizing the designee of a pharmacy, prescriber, or
  135         dispenser to have access to a patient’s record in the
  136         prescription drug monitoring program’s database for a
  137         specified purpose; authorizing an impaired
  138         practitioner consultant to access an impaired
  139         practitioner program participant’s or referral’s
  140         record in the prescription drug monitoring program’s
  141         database; amending s. 893.0551, F.S.; authorizing the
  142         designee of a health care practitioner, pharmacist,
  143         pharmacy, prescriber, or dispenser and an impaired
  144         practitioner consultant to receive certain information
  145         from the prescription drug monitoring program;
  146         requiring the Department of Health to disclose