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 areshallnotbeallowed 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. BeforePrior torelease, atherequest 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 52regardingpotential 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.