Senate Bill sb0176c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 176
By the Committee on Criminal Justice; and Senator Saunders
591-1752-06
1 A bill to be entitled
2 An act relating to public records; creating s.
3 893.056, F.S.; exempting from public-records
4 requirements information and records reported
5 to the Department of Health under the
6 electronic monitoring system for prescription
7 of controlled substances listed in Schedules
8 II-IV; authorizing certain persons and entities
9 access to patient-identifying information;
10 providing guidelines for the use of such
11 information and penalties for violations;
12 providing for future legislative review and
13 repeal; providing a finding of public
14 necessity; providing a contingent effective
15 date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 893.056, Florida Statutes, is
20 created to read:
21 893.056 Public-records exemption for the
22 electronic-monitoring system for prescription of controlled
23 substances listed in Schedules II, III, and IV.--
24 (1) Identifying information, including, but not
25 limited to, the name, address, phone number, insurance plan
26 number, social security number or government-issued
27 identification number, provider number, Drug Enforcement
28 Administration number, or any other unique identifying number
29 of a patient, patient's agent, health care practitioner,
30 pharmacist, pharmacist's agent, or pharmacy which is contained
31 in records held by the Department of Health or any other
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 176
591-1752-06
1 agency as defined in s. 119.011(2) under s. 893.055, the
2 electronic-monitoring system for prescription of controlled
3 substances, is confidential and exempt from s. 119.07(1) and
4 s. 24(a), Art. I of the State Constitution.
5 (2) The Department of Health shall disclose such
6 confidential and exempt information to:
7 (a) The Agency for Health Care Administration when it
8 has initiated a review of specific identifiers of Medicaid
9 fraud and abuse.
10 (b) A criminal justice agency as defined in s.
11 119.011, which enforces the laws of this state or the United
12 States relating to controlled substances and which has
13 initiated an active investigation involving a specific
14 violation of law.
15 (c) A practitioner as defined in s. 893.02, or an
16 employee of the practitioner who is acting on behalf of and at
17 the direction of the practitioner, who requests such
18 information and certifies that the information is necessary to
19 provide medical treatment to a current patient in accordance
20 with s. 893.05.
21 (d) A pharmacist as defined in s. 465.003, or a
22 pharmacy intern or pharmacy technician who is acting on behalf
23 of and at the direction of the pharmacist, who requests such
24 information and certifies that the requested information will
25 be used to dispense controlled substances to a current patient
26 in accordance with s. 893.04.
27 (e) To the patient who is identified in the record
28 upon a written request for the purpose of verifying that
29 information.
30 (3) Any agency that obtains such confidential and
31 exempt information pursuant to this section must maintain the
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 176
591-1752-06
1 confidential and exempt status of that information; however,
2 the Agency for Health Care Administration or a criminal
3 justice agency with lawful access to such information may
4 disclose confidential and exempt information received from the
5 Department of Health to a criminal justice agency as part of
6 an active investigation of a specific violation of law.
7 (4) Any person who willfully and knowingly violates
8 this section commits a felony of the third degree, punishable
9 as provided in s. 775.082 or s. 775.083.
10 (5) This section is subject to the Open Government
11 Sunset Review Act in accordance with s. 119.15, and shall
12 stand repealed on October 2, 2011, unless reviewed and saved
13 from repeal through reenactment by the Legislature.
14 Section 2. The Legislature finds that it is a public
15 necessity that personal identifying information of a patient,
16 a practitioner as defined in s. 893.02, Florida Statutes, or a
17 pharmacist as defined in s. 465.003, Florida Statutes,
18 contained in records that are reported to the Department of
19 Health under s. 893.055, Florida Statutes, the
20 electronic-monitoring system for prescription of controlled
21 substances, be made confidential and exempt. Information
22 concerning the prescriptions that a patient has been
23 prescribed is a private, personal matter between the patient,
24 the practitioner, and the pharmacist. Nevertheless, reporting
25 of prescriptions on a timely and accurate basis by
26 practitioners and pharmacists will ensure the ability of the
27 state to review and provide oversight of prescribing and
28 dispensing practices. Further, the reporting of this
29 information will facilitate investigations and prosecutions of
30 violations of state drug laws by patients, practitioners, or
31 pharmacists, thereby increasing compliance with those laws.
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 176
591-1752-06
1 If, in the process, however, the information that would
2 identify a patient is not made confidential and exempt, any
3 person could inspect and copy the record and be aware of the
4 prescriptions that a patient has been prescribed. The
5 availability of such information to the public would result in
6 the invasion of the patient's privacy. If the identity of the
7 patient could be correlated with his or her prescriptions, it
8 would be possible for the public to become aware of the
9 diseases or other medical concerns that a patient is being
10 treated for by his or her physician. This knowledge could be
11 used to embarrass or to humiliate a patient or to discriminate
12 against him or her. Requiring the reporting of prescribing
13 information, while protecting a patient's personal identifying
14 information, will facilitate efforts to maintain compliance
15 with the state's drug laws and will facilitate the sharing of
16 information between health care practitioners and pharmacists,
17 while maintaining and ensuring patient privacy. Additionally,
18 exempting personal identifying information of practitioners
19 will ensure that an individual will not be able to
20 "doctor-shop," that is to determine which practitioners
21 prescribe the highest amount of a particular type of drug and
22 to seek those practitioners out in order to increase the
23 likelihood of obtaining a particular prescribed substance.
24 Further, protecting personal identifying information of
25 pharmacists ensures that an individual will not be able to
26 identify which pharmacists dispense the largest amount of a
27 particular substance and target that pharmacy for robbery or
28 burglary. Thus, the Legislature finds that personal
29 identifying information of a patient, a practitioner as
30 defined in s. 893.02, Florida Statutes, or a pharmacist as
31 defined in s. 465.003, Florida Statutes, contained in records
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 176
591-1752-06
1 reported under s. 893.055, Florida Statutes, must be
2 confidential and exempt from disclosure.
3 Section 3. This act shall take effect July 1, 2006, if
4 Senate Bill 178, or similar legislation establishing an
5 electronic system to monitor the prescribing of controlled
6 substances, is adopted in the same legislative session or an
7 extension thereof and becomes law.
8
9 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
10 Senate Bill 176
11
12 - Provides that identifying information, including but not
limited to, specified identifying information of a
13 patient, patient's agent, health care practitioner,
pharmacist's agent, or pharmacy, which is contained in
14 records held by the Department of Health or other
specified agencies under s. 893.055, F.S., the
15 electronic-monitoring system for prescription of
controlled substances, is confidential and exempt from
16 public disclosure.
17 - Provides that information in such confidential and exempt
records shall be disclosed to a practitioner or an
18 employee of a practitioner who is acting on behalf of and
at the direction of the practitioner, who requests such
19 information and certifies that the information is
necessary to provide medical treatment to a current
20 patient in accordance with s. 893.05, F.S.
21 - Inserts reference to SB 178, which is tied to SB 176 and
which creates s. 893.055, F.S.
22
23
24
25
26
27
28
29
30
31
5
CODING: Words stricken are deletions; words underlined are additions.