Florida Senate - 2017                             CS for SB 1844
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Bradley
       
       
       
       
       585-03992-17                                          20171844c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         381.987, F.S.; providing an exemption from public
    4         records requirements for a qualifying patient’s or
    5         caregiver’s personal identifying information, all
    6         information contained on their compassionate use
    7         registry identification cards, and all information
    8         pertaining to a physician certification for marijuana;
    9         requiring the Department of Health to allow access to
   10         the compassionate use registry to a law enforcement
   11         agency, a medical marijuana treatment center, certain
   12         licensed practitioners, certain employees of the
   13         department, and certain persons engaged in research,
   14         for specified purposes; extending the date of future
   15         review and repeal of the exemption; providing a
   16         statement of public necessity; providing a contingent
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 381.987, Florida Statutes, is amended to
   22  read:
   23         381.987 Public records exemption for personal identifying
   24  information in the compassionate use registry.—
   25         (1) A qualifying patient’s or caregiver’s personal
   26  identifying information held by the department in the
   27  compassionate use registry established under s. 381.986,
   28  including, but not limited to, the qualifying patient’s or
   29  caregiver’s name, address, date of birth, photograph, telephone
   30  number, and government-issued identification number, all
   31  information collected for the purpose of issuing a qualifying
   32  patient’s or caregiver’s compassionate use registry
   33  identification card issued in accordance with s. 381.986, and
   34  all information pertaining to a physician certification for
   35  marijuana the physician’s order for low-THC cannabis and the
   36  dispensing thereof are confidential and exempt from s. 119.07(1)
   37  and s. 24(a), Art. I of the State Constitution.
   38         (2) A physician’s identifying information held by the
   39  department in the compassionate use registry established under
   40  s. 381.986, including, but not limited to, the physician’s name,
   41  address, telephone number, government-issued identification
   42  number, and Drug Enforcement Administration number, and all
   43  information pertaining to the physician certification for
   44  marijuana physician’s order for low-THC cannabis and the
   45  dispensing thereof are confidential and exempt from s. 119.07(1)
   46  and s. 24(a), Art. I of the State Constitution.
   47         (3) The department shall allow access to the registry,
   48  including access to confidential and exempt information, to:
   49         (a) A law enforcement agency, to verify the authorization
   50  of a qualifying patient or a qualifying patient’s caregiver to
   51  possess marijuana or a marijuana delivery device that is
   52  investigating a violation of law regarding cannabis in which the
   53  subject of the investigation claims an exception established
   54  under s. 381.986.
   55         (b) A medical marijuana treatment center registered with
   56  dispensing organization approved by the department pursuant to
   57  s. 381.986, which is attempting to verify the authenticity of a
   58  physician certification physician’s order for marijuana low-THC
   59  cannabis, including whether the physician certification order
   60  had been previously filled and whether the physician
   61  certification order was written for the person attempting to
   62  have it filled.
   63         (c) A physician licensed under chapter 458 or chapter 459,
   64  to ensure proper care for patients who has written an order for
   65  low-THC cannabis for the purpose of monitoring the patient’s use
   66  of such cannabis or for the purpose of determining, before
   67  issuing an order for low-THC cannabis, whether another physician
   68  has ordered the patient’s use of low-THC cannabis. The physician
   69  may access the confidential and exempt information only for the
   70  patient for whom he or she has ordered or is determining whether
   71  to order the use of low-THC cannabis pursuant to s. 381.986.
   72         (d) A practitioner licensed to prescribe prescription
   73  drugs, to ensure proper care for patients before prescribing
   74  medications that may interact with marijuana.
   75         (e) An employee of the department for the purposes of
   76  maintaining the registry and periodic reporting or disclosure of
   77  information that has been redacted to exclude personal
   78  identifying information.
   79         (f)An employee of the department for the purpose of
   80  monitoring physician registration in the compassionate use
   81  registry and the issuance of physician certifications as
   82  authorized in s. 381.986 for practices that could facilitate
   83  unlawful diversion or misuse of marijuana or cannabis delivery
   84  devices.
   85         (g)(e) The department’s relevant health care regulatory
   86  boards responsible for the licensure, regulation, or discipline
   87  of a physician if he or she is involved in a specific
   88  investigation of a violation of s. 381.986. If a health care
   89  regulatory board’s investigation reveals potential criminal
   90  activity, the board may provide any relevant information to the
   91  appropriate law enforcement agency.
   92         (h)(f) A person engaged in bona fide research if the person
   93  agrees:
   94         1. To submit a research plan to the department which
   95  specifies the exact nature of the information requested and the
   96  intended use of the information;
   97         2. To maintain the confidentiality of the records or
   98  information if personal identifying information is made
   99  available to the researcher;
  100         3. To destroy any confidential and exempt records or
  101  information obtained after the research is concluded; and
  102         4. Not to contact, directly or indirectly, for any purpose,
  103  a patient or physician whose information is in the registry.
  104         (4) All information released from the registry under
  105  subsection (3) remains confidential and exempt, and a person who
  106  receives access to such information must maintain the
  107  confidential and exempt status of the information received.
  108         (5) A person who willfully and knowingly violates this
  109  section commits a felony of the third degree, punishable as
  110  provided in s. 775.082, s. 775.083, or s. 775.084.
  111         (6) This section is subject to the Open Government Sunset
  112  Review Act in accordance with s. 119.15 and shall stand repealed
  113  on October 2, 2022 2019, unless reviewed and saved from repeal
  114  through reenactment by the Legislature.
  115         Section 2. The Legislature finds that it is a public
  116  necessity that the personal identifying information of
  117  qualifying patients who use marijuana for medical reasons and of
  118  these patients’ caregivers held by the Department of Health in
  119  the compassionate use registry established under s. 381.986,
  120  Florida Statutes, be made confidential and exempt from s.
  121  119.07(1), Florida Statutes, and s. 24(a), Article I of the
  122  State Constitution. Specifically, the Legislature finds that it
  123  is a public necessity to make confidential and exempt from
  124  public records requirements the names, addresses, dates of
  125  birth, photographs, telephone numbers, and government-issued
  126  identification numbers of a qualifying patient and the patient’s
  127  caregiver, any other information collected for the purpose of
  128  issuing the qualifying patient’s or caregiver’s compassionate
  129  use registry identification card issued pursuant to s. 381.986,
  130  Florida Statutes, and all information pertaining to a physician
  131  certification for marijuana issued in accordance with s.
  132  381.986, Florida Statutes, which are held in the registry. The
  133  choice to use marijuana to treat a qualifying patient’s medical
  134  condition or symptom and the choice to assist a qualifying
  135  patient with the medical use of marijuana are personal and
  136  private matters. The availability of such information to the
  137  public could make the public aware of both the qualifying
  138  patient’s use of marijuana and the qualifying patient’s disease
  139  or other medical conditions for which the qualifying patient is
  140  using marijuana. The knowledge of the qualifying patient’s use
  141  of marijuana, the knowledge of the qualifying patient’s medical
  142  condition, and the knowledge that a caregiver is assisting a
  143  qualifying patient with the use of marijuana could be exploited
  144  to embarrass, harass, or discriminate against the qualifying
  145  patient and the patient’s caregiver and could also be used as a
  146  discriminatory tool by an employer who disapproves of the
  147  qualifying patient’s use of marijuana or the caregiver’s
  148  assistance in the use of marijuana. However, despite the
  149  potential hazards of collecting such information, maintaining
  150  the compassionate use registry established under s. 381.986,
  151  Florida Statutes, is necessary to prevent the diversion and
  152  nonmedical use of any marijuana as well as to aid and improve
  153  research done on the efficacy of marijuana. Thus, the
  154  Legislature finds that it is a public necessity to make
  155  confidential and exempt from public records requirements the
  156  personal identifying information of qualifying patients and
  157  caregivers held by the Department of Health in the compassionate
  158  use registry established under s. 381.986, Florida Statutes.
  159         Section 3. This act shall take effect on the same date that
  160  SB 406 or similar legislation takes effect, if such legislation
  161  is adopted in the same legislative session or an extension
  162  thereof and becomes a law.