Senate Bill sb1784e1

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    CS for SB 1784                           First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to public records; exempting

  3         from public records requirements information

  4         and records reported to the Department of

  5         Health under the electronic monitoring system

  6         for prescription of controlled substances

  7         listed in Schedules II-IV; authorizing certain

  8         persons and entities access to

  9         patient-identifying information; providing

10         guidelines for the use of such information and

11         penalties for violations; providing for future

12         legislative review and repeal; providing a

13         finding of public necessity; providing a

14         contingent effective date.

15  

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

17  

18         Section 1.  (1)(a)  A patient's personal identifying

19  information contained in any record reported under section

20  893.055, Florida Statutes, is confidential and exempt from the

21  provisions of section 119.07(1), Florida Statutes, and Section

22  24(a), Article I of the State Constitution.

23         (b)  This subsection is subject to the Open Government

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

25  Florida Statutes, and shall stand repealed on October 2, 2008,

26  unless reviewed and saved from repeal through reenactment by

27  the Legislature.

28         (2)  The Department of Health may disclose a patient's

29  or practitioner's identity in the information or records

30  reported under section 893.055, Florida Statutes, whose

31  identity is otherwise confidential and exempt from the


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    CS for SB 1784                           First Engrossed (ntc)



 1  provisions of section 119.07(1), Florida Statutes, and Section

 2  24(a), Article I of the State Constitution, to the following:

 3         (a)  A practitioner defined under chapter 893, Florida

 4  Statutes, who requests information and certifies that the

 5  information is necessary to provide medical treatment in

 6  accordance with section 893.05, Florida Statutes, to a current

 7  patient, subject to the patient's written consent. The

 8  practitioner may designate one person in his or her office to

 9  access the information and records reported under section

10  893.055, Florida Statutes, on the practitioner's patients and

11  provide information to the practitioner as directed, subject

12  to the patient's written consent.

13         (b)  A pharmacist licensed in this state, or a pharmacy

14  intern or pharmacy technician designated by the pharmacist,

15  who requests information and certifies that the requested

16  information is to be used to dispense controlled substances in

17  accordance with section 893.04, Florida Statutes, to a current

18  patient.

19         (c)  A criminal justice agency defined under section

20  119.011, Florida Statutes, which enforces the laws of this

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

22  engaged in a specific investigation involving a violation of

23  law.  Any member of a criminal justice agency receiving the

24  information as authorized in this section shall avoid

25  unauthorized use or dissemination thereof.  Such member

26  receiving the information may disclose its contents to other

27  persons to the extent that such disclosure is appropriate to

28  the proper performance of the official duties of the member

29  making or the person receiving the disclosure.

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

31  who is involved in a specific investigation involving a


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    CS for SB 1784                           First Engrossed (ntc)



 1  violation of the chapter regulating the alleged violator, the

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

 3  regulating the alleged violator.

 4         (e)  An employee of the Agency for Health Care

 5  Administration who is involved in an investigation related to

 6  the agency's responsibility to control fraud and abuse in the

 7  Medicaid program.

 8         (f)  The patient, for purposes of checking the

 9  information for accuracy and reporting any inaccuracies to the

10  department for correction if verified. The Department of

11  Health shall adopt, by rule, the process to be used to verify

12  requested corrections. A patient may request from the

13  Department of Health a copy of any record contained in the

14  electronic prescription monitoring system relating to that

15  patient by providing a written request to the Department of

16  Health and verifying the patient's identity, as required in

17  rule of the Department of Health, and in accordance with any

18  applicable state or federal law. The costs associated with the

19  administration of this paragraph shall be recouped as provided

20  by rule of the Department of Health.

21         (3)(a)  A person who obtains information under this

22  section may not use the information to his or her own personal

23  advantage or reveal any information obtained in the

24  enforcement of law except in a prosecution or administrative

25  hearing for a violation of state or federal law or, if

26  applicable, to provide medical treatment in accordance with

27  section 893.05, Florida Statutes, to a current patient or to

28  dispense controlled substances in accordance with section

29  893.04, Florida Statutes, to a current patient, or to the

30  patient for verifying the accuracy of such information.

31  


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    CS for SB 1784                           First Engrossed (ntc)



 1         (b)  Any person who knowingly violates this subsection

 2  commits a felony of the third degree, punishable as provided

 3  in section 775.082 or section 775.083, Florida Statutes.

 4         (4)  A practitioner or pharmacist authorized to obtain

 5  information under this section is not liable for accessing or

 6  failing to access such information.

 7         (5)  A practitioner, pharmacist, or other person or

 8  agency that obtains information reported under section

 9  893.055, Florida Statutes, must maintain the confidentiality

10  of such information pursuant to sections 456.057 and 465.017,

11  Florida Statutes, or as otherwise required by law.

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

13  necessity that all information reported to the Department of

14  Health under section 893.055, Florida Statutes, be held

15  confidential and exempt from disclosure because doing so will

16  facilitate efforts to maintain compliance with the state's

17  drug laws not only by patients through accurate and timely

18  reporting by health care practitioners and pharmacists of

19  potential drug diversion without compromising a patient's

20  privacy, with certain exceptions, but also by persons

21  authorized to prescribe or dispense controlled substances

22  through oversight review and investigation of improper

23  prescribing and dispensing practices. The exemption for a

24  patient's identity in the information or records reported

25  under section 893.055, Florida Statutes, facilitates the

26  sharing of information between health care practitioners and

27  pharmacists so that the practitioners and pharmacists may

28  appropriately identify and evaluate a patient's risk for drug

29  diversion and the resulting abuse of controlled substances

30  without compromising a patient's privacy. The Legislature

31  further finds that the exemption for records identifying a


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    CS for SB 1784                           First Engrossed (ntc)



 1  patient or practitioner within information or records reported

 2  to the Department of Health is a public necessity to protect

 3  health-related information of a sensitive and personal nature.

 4  Matters of personal health are traditionally private and

 5  confidential concerns between a patient and a health care

 6  provider. The private and confidential nature of personal

 7  health matters pervades both the public and private health

 8  care sectors. For these reasons, an individual's expectation

 9  of a right to privacy in all matters regarding his or her

10  personal health necessitates such exemption. Information

11  relating to practitioners prescribing or dispensing controlled

12  substances needs to be kept confidential for criminal justice

13  agencies and regulatory agencies and departments to properly

14  investigate potentially improper prescribing or dispensing

15  practices that indicate drug diversion by such practitioners

16  or contributing to drug diversion by a patient without

17  compromising the livelihood of such practitioner with

18  unsubstantiated charges of improper dispensing or prescribing

19  practice. For these reasons, a practitioner's expectation of a

20  right to privacy in the review and investigation of

21  unsubstantiated charges affecting his or her livelihood

22  necessitates such exemption.

23         Section 3.  This act shall take effect on July 1, 2004,

24  if Senate Bill 2390 or similar legislation establishing an

25  electronic system to monitor the prescribing of controlled

26  substances is adopted in the same legislative session or an

27  extension thereof and becomes law.

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