Florida Senate - 2016 CS for CS for SB 964 By the Committees on Fiscal Policy; and Health Policy; and Senator Grimsley 594-04396-16 2016964c2 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 the designee of a pharmacy, prescriber, or 8 dispenser to have access to a patient’s record in the 9 prescription drug monitoring program’s database for a 10 specified purpose; authorizing an impaired 11 practitioner consultant to access an impaired 12 practitioner program participant’s or referral’s 13 record in the prescription drug monitoring program’s 14 database; amending s. 893.0551, F.S.; authorizing the 15 designee of a health care practitioner, pharmacist, 16 pharmacy, prescriber, or dispenser or an impaired 17 practitioner consultant to receive certain information 18 from the prescription drug monitoring program; 19 providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Paragraph (g) is added to subsection (5) of 24 section 893.055, Florida Statutes, and paragraphs (b) and (c) of 25 subsection (7) and subsection (12) of that section are amended, 26 to read: 27 893.055 Prescription drug monitoring program.— 28 (5) When the following acts of dispensing or administering 29 occur, the following are exempt from reporting under this 30 section for that specific act of dispensing or administration: 31 (g) A rehabilitative hospital, assisted living facility, or 32 nursing home dispensing a certain dosage of a controlled 33 substance, as needed, to a patient as ordered by the patient’s 34 treating physician. 35 (7) 36 (b) A pharmacy, prescriber, or dispenser, or the designee 37 of a pharmacy, prescriber, or dispenser, shall have access to 38 information in the prescription drug monitoring program’s 39 database which relates to a patient of that pharmacy, 40 prescriber, or dispenser in a manner established by the 41 department as needed for the purpose of reviewing the patient’s 42 controlled substance prescription history. Other access to the 43 program’s database shall be limited to the program’s manager and 44 to the designated program and support staff, who may act only at 45 the direction of the program manager or, in the absence of the 46 program manager, as authorized. Access by the program manager or 47 such designated staff is for prescription drug program 48 management only or for management of the program’s database and 49 its system in support of the requirements of this section and in 50 furtherance of the prescription drug monitoring program. 51 Confidential and exempt information in the database shall be 52 released only as provided in paragraph (c) and s. 893.0551. The 53 program manager, designated program and support staff who act at 54 the direction of or in the absence of the program manager, and 55 any individual who has similar access regarding the management 56 of the database from the prescription drug monitoring program 57 shall submit fingerprints to the department for background 58 screening. The department shall follow the procedure established 59 by the Department of Law Enforcement to request a statewide 60 criminal history record check and to request that the Department 61 of Law Enforcement forward the fingerprints to the Federal 62 Bureau of Investigation for a national criminal history record 63 check. 64 (c) The following entities areshallnotbeallowed direct 65 access to information in the prescription drug monitoring 66 program database but may request from the program manager and, 67 when authorized by the program manager, the program manager’s 68 program and support staff, information that is confidential and 69 exempt under s. 893.0551. BeforePrior torelease, atherequest 70 by the following entities shall be verified as authentic and 71 authorized with the requesting organization by the program 72 manager, the program manager’s program and support staff, or as 73 determined in rules by the department as being authentic and as 74 having been authorized by the requesting entity: 75 1. The department or its relevant health care regulatory 76 boards responsible for the licensure, regulation, or discipline 77 of practitioners, pharmacists, or other persons who are 78 authorized to prescribe, administer, or dispense controlled 79 substances and who are involved in a specific controlled 80 substance investigation involving a designated person for one or 81 more prescribed controlled substances. 82 2. The Attorney General for Medicaid fraud cases involving 83 prescribed controlled substances. 84 3. A law enforcement agency during active investigations of 85regardingpotential criminal activity, fraud, or theft regarding 86 prescribed controlled substances. 87 4. A patient or the legal guardian or designated health 88 care surrogate of an incapacitated patient as described in s. 89 893.0551 who, for the purpose of verifying the accuracy of the 90 database information, submits a written and notarized request 91 that includes the patient’s full name, address, and date of 92 birth, and includes the same information if the legal guardian 93 or health care surrogate submits the request. The request shall 94 be validated by the department to verify the identity of the 95 patient and the legal guardian or health care surrogate, if the 96 patient’s legal guardian or health care surrogate is the 97 requestor. Such verification is also required for any request to 98 change a patient’s prescription history or other information 99 related to his or her information in the electronic database. 100 5. An impaired practitioner consultant who is retained by 101 the department under s. 456.076 for the purpose of reviewing the 102 database information of an impaired practitioner program 103 participant or a referral who has agreed to be evaluated or 104 monitored through the program and who has separately agreed in 105 writing to the consultant’s access to and review of such 106 information. 107 108 Information in the database for the electronic prescription drug 109 monitoring system is not discoverable or admissible in any civil 110 or administrative action, except in an investigation and 111 disciplinary proceeding by the department or the appropriate 112 regulatory board. 113 (12) A prescriber or dispenser, or his or her designee, may 114 have access to the information under this section which relates 115 to a patient of that prescriber or dispenser as needed for the 116 purpose of reviewing the patient’s controlled drug prescription 117 history. A prescriber or dispenser acting in good faith is 118 immune from any civil, criminal, or administrative liability 119 that might otherwise be incurred or imposed for receiving or 120 using information from the prescription drug monitoring program. 121 This subsection does not create a private cause of action, and a 122 person may not recover damages against a prescriber or dispenser 123 authorized to access information under this subsection for 124 accessing or failing to access such information. 125 Section 2. Paragraphs (d), (e), and (g) of subsection (3) 126 of section 893.0551, Florida Statutes, are amended, paragraph 127 (h) is added to subsection (3) of that section, and subsections 128 (6) and (7) of that section are republished, to read: 129 893.0551 Public records exemption for the prescription drug 130 monitoring program.— 131 (3) The department shall disclose such confidential and 132 exempt information to the following persons or entities upon 133 request and after using a verification process to ensure the 134 legitimacy of the request as provided in s. 893.055: 135 (d) A health care practitioner, or his or her designee, who 136 certifies that the information is necessary to provide medical 137 treatment to a current patient in accordance with ss. 893.05 and 138 893.055. 139 (e) A pharmacist, or his or her designee, who certifies 140 that the requested information will be used to dispense 141 controlled substances to a current patient in accordance with 142 ss. 893.04 and 893.055. 143 (g) The patient’s pharmacy, prescriber, or dispenser, or 144 the designee of the pharmacy, prescriber, or dispenser, who 145 certifies that the information is necessary to provide medical 146 treatment to his or her current patient in accordance with s. 147 893.055. 148 (h) An impaired practitioner consultant who has been 149 authorized in writing by a participant in, or by a referral to, 150 the impaired practitioner program to access and review 151 information as provided in s. 893.055(7)(c)5. 152 (6) An agency or person who obtains any confidential and 153 exempt information pursuant to this section must maintain the 154 confidential and exempt status of that information and may not 155 disclose such information unless authorized by law. Information 156 shared with a state attorney pursuant to paragraph (3)(a) or 157 paragraph (3)(c) may be released only in response to a discovery 158 demand if such information is directly related to the criminal 159 case for which the information was requested. Unrelated 160 information may be released only upon an order of a court of 161 competent jurisdiction. 162 (7) A person who willfully and knowingly violates this 163 section commits a felony of the third degree, punishable as 164 provided in s. 775.082, s. 775.083, or s. 775.084. 165 Section 3. This act shall take effect July 1, 2016.