Florida Senate - 2016                              CS for SB 964
       
       
        
       By the Committee on Health Policy; and Senator Grimsley
       
       588-02886-16                                           2016964c1
    1                        A bill to be entitled                      
    2         An act relating to the prescription drug monitoring
    3         program; amending s. 893.055, F.S.; providing that
    4         certain acts of dispensing controlled substances in
    5         specified facilities are not required to be reported
    6         to the prescription drug monitoring program;
    7         authorizing an impaired practitioner consultant to
    8         access an impaired practitioner program participant’s
    9         or referral’s record in the prescription drug
   10         monitoring program’s database; amending s. 893.0551,
   11         F.S.; requiring the Department of Health to disclose
   12         certain information from the prescription drug
   13         monitoring program to an impaired practitioner
   14         consultant under certain circumstances; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraph (g) is added to subsection (5) of
   20  section 893.055, Florida Statutes, and paragraph (c) of
   21  subsection (7) of that section is amended, to read:
   22         893.055 Prescription drug monitoring program.—
   23         (5) When the following acts of dispensing or administering
   24  occur, the following are exempt from reporting under this
   25  section for that specific act of dispensing or administration:
   26         (g) A rehabilitative hospital, assisted living facility, or
   27  nursing home dispensing a certain dosage of a controlled
   28  substance, as needed, to a patient as ordered by the patient’s
   29  treating physician.
   30         (7)
   31         (c) The following entities are shall not be allowed direct
   32  access to information in the prescription drug monitoring
   33  program database but may request from the program manager and,
   34  when authorized by the program manager, the program manager’s
   35  program and support staff, information that is confidential and
   36  exempt under s. 893.0551. Before Prior to release, a the request
   37  by the following entities shall be verified as authentic and
   38  authorized with the requesting organization by the program
   39  manager, the program manager’s program and support staff, or as
   40  determined in rules by the department as being authentic and as
   41  having been authorized by the requesting entity:
   42         1. The department or its relevant health care regulatory
   43  boards responsible for the licensure, regulation, or discipline
   44  of practitioners, pharmacists, or other persons who are
   45  authorized to prescribe, administer, or dispense controlled
   46  substances and who are involved in a specific controlled
   47  substance investigation involving a designated person for one or
   48  more prescribed controlled substances.
   49         2. The Attorney General for Medicaid fraud cases involving
   50  prescribed controlled substances.
   51         3. A law enforcement agency during active investigations of
   52  regarding potential criminal activity, fraud, or theft regarding
   53  prescribed controlled substances.
   54         4. A patient or the legal guardian or designated health
   55  care surrogate of an incapacitated patient as described in s.
   56  893.0551 who, for the purpose of verifying the accuracy of the
   57  database information, submits a written and notarized request
   58  that includes the patient’s full name, address, and date of
   59  birth, and includes the same information if the legal guardian
   60  or health care surrogate submits the request. The request shall
   61  be validated by the department to verify the identity of the
   62  patient and the legal guardian or health care surrogate, if the
   63  patient’s legal guardian or health care surrogate is the
   64  requestor. Such verification is also required for any request to
   65  change a patient’s prescription history or other information
   66  related to his or her information in the electronic database.
   67         5.An impaired practitioner consultant who is retained by
   68  the department under s. 456.076 for the purpose of reviewing the
   69  database information of an impaired practitioner program
   70  participant or a referral who has agreed to be evaluated or
   71  monitored through the program and who has separately agreed in
   72  writing to the consultant’s access to and review of such
   73  information.
   74  
   75  Information in the database for the electronic prescription drug
   76  monitoring system is not discoverable or admissible in any civil
   77  or administrative action, except in an investigation and
   78  disciplinary proceeding by the department or the appropriate
   79  regulatory board.
   80         Section 2. Paragraph (h) is added to subsection (3) of
   81  section 893.0551, Florida Statutes, and subsections (6) and (7)
   82  of that section are republished, to read:
   83         893.0551 Public records exemption for the prescription drug
   84  monitoring program.—
   85         (3) The department shall disclose such confidential and
   86  exempt information to the following persons or entities upon
   87  request and after using a verification process to ensure the
   88  legitimacy of the request as provided in s. 893.055:
   89         (h)An impaired practitioner consultant who has been
   90  authorized in writing by a participant in, or by a referral to,
   91  the impaired practitioner program to access and review
   92  information as provided in s. 893.055(7)(c)5.
   93         (6) An agency or person who obtains any confidential and
   94  exempt information pursuant to this section must maintain the
   95  confidential and exempt status of that information and may not
   96  disclose such information unless authorized by law. Information
   97  shared with a state attorney pursuant to paragraph (3)(a) or
   98  paragraph (3)(c) may be released only in response to a discovery
   99  demand if such information is directly related to the criminal
  100  case for which the information was requested. Unrelated
  101  information may be released only upon an order of a court of
  102  competent jurisdiction.
  103         (7) A person who willfully and knowingly violates this
  104  section commits a felony of the third degree, punishable as
  105  provided in s. 775.082, s. 775.083, or s. 775.084.
  106         Section 3. This act shall take effect July 1, 2016.