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 areshallnotbeallowed 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. BeforePrior torelease, atherequest 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 66regardingpotential 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