HB 0399

1
A bill to be entitled
2An act relating to public records; creating s. 893.056,
3F.S.; exempting from public records requirements
4information and records reported to the Department of
5Health under the electronic monitoring system for
6prescription of controlled substances listed in Schedules
7II-IV; authorizing certain persons and entities access to
8patient-identifying and practitioner-identifying
9information; providing guidelines for the use of such
10information and penalties for violations; providing for
11future legislative review and repeal; providing a finding
12of public necessity; providing a contingent effective
13date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 893.056, Florida Statutes, is created
18to read:
19     893.056  Public records exemption for the electronic
20monitoring system for prescription of controlled substances
21listed in Schedules II, III, and IV.--
22     (1)  Personal identifying information of a patient, a
23practitioner as defined in s. 893.02, or a pharmacist as defined
24in s. 465.003, contained in records held by the Department of
25Health under s. 893.055, the electronic monitoring system for
26prescription of controlled substances, is confidential and
27exempt from s. 119.07(1) and s. 24(a), Art. I of the State
28Constitution.
29     (2)  The Department of Health shall disclose such
30confidential and exempt information to:
31     (a)  The Agency for Health Care Administration when it has
32initiated a review of specific identifiers of Medicaid fraud and
33abuse.
34     (b)  A criminal justice agency as defined in s. 119.011,
35which enforces the laws of this state or the United States
36relating to controlled substances and which has initiated an
37active investigation involving a specific violation of law.
38     (c)  A practitioner as defined in s. 893.02, and an
39employee of the practitioner who is acting on behalf of and at
40the direction of the practitioner, who requests such information
41and certifies that the information is necessary to provide
42medical treatment to a current patient in accordance with s.
43893.05, subject to that patient's written consent.
44     (d)  A pharmacist as defined in s. 465.003, or a pharmacy
45intern or pharmacy technician who is acting on behalf of and at
46the direction of the pharmacist, who requests such information
47and certifies that the requested information is to be used to
48dispense controlled substances to a current patient in
49accordance with s. 893.04.
50     (e)  The patient who is identified in the record, upon a
51written request, for the purpose of verifying that information.
52     (3)  Any agency that obtains such confidential and exempt
53information pursuant to this section must maintain the
54confidential and exempt status of that information; however, the
55Agency for Health Care Administration or a criminal justice
56agency with lawful access to such information may disclose
57confidential and exempt information received from the Department
58of Health to a criminal justice agency as part of an active
59investigation of a specific violation of law.
60     (4)  Any person who willfully and knowingly violates this
61section commits a felony of the third degree, punishable as
62provided in s. 775.082 or s. 775.083.
63     (5)  This section is subject to the Open Government Sunset
64Review Act of 1995 in accordance with s. 119.15, and shall stand
65repealed on October 2, 2010, unless reviewed and saved from
66repeal through reenactment by the Legislature.
67     Section 2.  The Legislature finds that it is a public
68necessity that personal identifying information of a patient, a
69practitioner as defined in s. 893.02, Florida Statutes, or a
70pharmacist as defined in s. 465.003, Florida Statutes, contained
71in records that are reported to the Department of Health under
72s. 893.055, Florida Statutes, the electronic monitoring system
73for prescription of controlled substances, be made confidential
74and exempt. Information about the prescriptions a patient has
75been prescribed is a private, personal matter between the
76patient, the practitioner, and the pharmacist. Nevertheless,
77reporting of prescriptions on a timely and accurate basis by
78practitioners and pharmacists will ensure the ability of the
79state to review and provide oversight of prescribing and
80dispensing practices. Further, reporting of this information
81will facilitate investigations and prosecutions of violations of
82state drug laws by patients, practitioners, or pharmacists,
83thereby increasing compliance with those laws. If in the
84process, however, the information that would identify a patient
85is not made confidential and exempt, any person could inspect
86and copy the record and be aware of the prescriptions that a
87patient has been prescribed. The availability of such
88information to the public would result in the invasion of the
89patient's privacy. If the identity of the patient could be
90correlated with his or her prescriptions, it would be possible
91for the public to become aware of the diseases or other medical
92concerns that a patient is being treated for by his or her
93physician. This knowledge could be used to embarrass or
94humiliate a patient or to discriminate against him or her.
95Requiring the reporting of prescribing information, while
96protecting a patient's personal identifying information, will
97facilitate efforts to maintain compliance with the state's drug
98laws and will facilitate the sharing of information between
99health care practitioners and pharmacists, while maintaining and
100ensuring patient privacy. Additionally, exempting personal
101identifying information of doctors and pharmacists will ensure
102that an individual will not be able to "doctor-shop," that is to
103determine which doctors prescribe the highest amount of a
104particular type of drug and to seek those doctors out in order
105to increase the likelihood of obtaining a particular prescribed
106substance. Further, protecting personal identifying information
107of pharmacists ensures that an individual will not be able to
108identify which pharmacists dispense the largest amount of a
109particular substance and target that pharmacy for robbery or
110burglary. Thus, the Legislature finds that personal identifying
111information of a patient, a practitioner as defined in s.
112893.02, Florida Statutes, or a pharmacist as defined in s.
113465.003, Florida Statutes, contained in records reported under
114s. 893.055, Florida Statutes, must be confidential and exempt.
115     Section 3.  This act shall take effect July 1, 2005, if
116House Bill 397 or similar legislation establishing an electronic
117system to monitor the prescribing of controlled substances is
118adopted in the same legislative session or an extension thereof
119and becomes law.


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