Senate Bill sb0030E

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                  SB 30-E

    By Senator Burt





    16-2379-02

  1                      A bill to be entitled

  2         An act relating to public-records exemptions;

  3         creating a public-records exemption for

  4         personal identifying information regarding a

  5         patient held by the Bureau of Pharmacy Services

  6         of the Department of Health; providing

  7         exceptions to the exemption; providing a

  8         criminal penalty for violating the provisions

  9         of the public-records exemption; providing for

10         future review and repeal; providing a statement

11         of public necessity; providing an effective

12         date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Public-records exemption.--

17         (1)  Personal identifying information regarding a

18  patient reported and contained in the electronic system that

19  is established by the Bureau of Pharmacy Services of the

20  Department of Health to monitor the prescribing of controlled

21  substances is confidential and exempt from section 119.07(1),

22  Florida Statutes, and Section 24(a) of Article I of the State

23  Constitution. The Bureau of Pharmacy Services of the

24  Department of Health may disclose a patient's identity

25  contained in the electronic system to:

26         (a)  A practitioner who requests information and

27  certifies that the information is necessary to provide medical

28  treatment to a current patient in accordance with section

29  893.05, Florida Statutes.

30         (b)  A pharmacist licensed in this state who requests

31  information and certifies that the requested information is to

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 30-E
    16-2379-02




 1  be used to dispense controlled substances to a current patient

 2  in accordance with section 893.04, Florida Statutes.

 3         (c)  A criminal justice agency, as defined in section

 4  119.011, Florida Statutes, which enforces the laws of this

 5  state or the United States relating to drugs and which is

 6  engaged in a specific investigation involving a violation of

 7  law.

 8         (d)  An employee or agent of the Department of Health

 9  who is involved in a specific investigation involving a

10  violation of the chapter regulating the alleged violator, the

11  rules of the Department of Health, or the rules of a board

12  regulating the alleged violator.

13  

14  A practitioner, pharmacist, criminal justice agency, or

15  employee or agent of the Department of Health who obtains

16  personal identifying information pursuant to this section must

17  maintain the confidential and exempt status of that

18  information. This exemption is subject to the Open Government

19  Sunset Review Act of 1995 in accordance with section 119.15,

20  Florida Statutes, and shall stand repealed on October 2, 2007,

21  unless reviewed and saved from repeal through reenactment by

22  the Legislature.

23         (2)  Any person who violates this section commits a

24  misdemeanor of the first degree, punishable as provided in

25  section 775.082 or section 775.083, Florida Statutes. Upon a

26  second or subsequent violation, the person commits a felony of

27  the third degree, punishable as provided in section 775.082 or

28  section 775.083, Florida Statutes.

29         Section 2.  The Legislature finds that it is a public

30  necessity that the information made confidential and exempt by

31  this act be held confidential and exempt in order to

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 30-E
    16-2379-02




 1  facilitate the efforts of the Bureau of Pharmacy Services of

 2  the Department of Health to maintain compliance with drug laws

 3  by the accurate and timely reporting by health care

 4  practitioners of potential drug diversion without compromising

 5  a patient's privacy, with certain exceptions. The exemption

 6  for a patient's personal identifying information reported and

 7  contained in the electronic system for monitoring the

 8  prescribing of controlled substances facilitates the sharing

 9  of information among health care practitioners so that the

10  practitioners may appropriately identify and evaluate a

11  patient's risk for drug diversion and the resulting abuse of

12  controlled substances without compromising a patient's

13  privacy. The Legislature further finds that the exemption is a

14  public necessity in order to protect a patient's

15  health-related information. Matters of personal health are

16  traditionally private and confidential concerns between a

17  patient and a health care provider. The private and

18  confidential nature of personal health matters pervades the

19  public and private health care sectors. If a patient's

20  personal identifying information were not confidential and

21  exempt, that patient's name would be associated with the

22  prescription. By associating a patient's name with the

23  patient's prescription, a third party could determine that

24  patient's ailment, thereby intruding upon the patient's right

25  to privacy in all matters regarding the patient's personal

26  health.

27         Section 3.  This act shall take effect upon the

28  effective date of Senate Bill ____ or similar legislation.

29  

30  

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 30-E
    16-2379-02




 1            *****************************************

 2                          SENATE SUMMARY

 3    Exempts from public-records laws certain personal
      identifying information regarding patients held by the
 4    Bureau of Pharmacy Services of the Department of Health.
      Provides for future repeal and legislative review.
 5  

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.