1 | A bill to be entitled |
2 | An act relating to public records; creating s. 893.056, |
3 | F.S.; exempting from public-records requirements |
4 | information and records reported to the Department of |
5 | Health under the electronic-monitoring system for |
6 | prescription of controlled substances listed in Schedules |
7 | II-IV; authorizing certain persons and entities access to |
8 | personal identifying information of a patient; providing |
9 | guidelines for the use of such information and penalties |
10 | for violations; providing for future legislative review |
11 | and repeal; providing a finding of public necessity; |
12 | providing a contingent effective date. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
15 |
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16 | Section 1. Section 893.056, Florida Statutes, is created |
17 | to read: |
18 | 893.056 Public-records exemption for the electronic- |
19 | monitoring system for prescription of controlled substances |
20 | listed in Schedules II-IV.-- |
21 | (1) Personal identifying information of a patient, a |
22 | practitioner as defined in s. 893.02, or a pharmacist as defined |
23 | in s. 465.003, which is contained in records held by the |
24 | Department of Health under s. 893.055, the electronic-monitoring |
25 | system for prescription of controlled substances, is |
26 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
27 | of the State Constitution. |
28 | (2) The Department of Health shall disclose such |
29 | confidential and exempt information to: |
30 | (a) The Agency for Health Care Administration when it has |
31 | initiated a review of specific identifiers of Medicaid fraud and |
32 | abuse. |
33 | (b) A criminal justice agency as defined in s. 119.011, |
34 | which enforces the laws of this state or the United States |
35 | relating to controlled substances and which has initiated an |
36 | active investigation involving a specific violation of law. |
37 | (c) A practitioner as defined in s. 893.02, or an employee |
38 | of the practitioner who is acting on behalf of and at the |
39 | direction of the practitioner, who requests such information and |
40 | certifies that the information is necessary to provide medical |
41 | treatment to a current patient in accordance with s. 893.05, |
42 | subject to that patient's written consent. |
43 | (d) A pharmacist as defined in s. 465.003, or a pharmacy |
44 | intern or pharmacy technician who is acting on behalf of and at |
45 | the direction of the pharmacist, who requests such information |
46 | and certifies that the requested information will be used to |
47 | dispense controlled substances to a current patient in |
48 | accordance with s. 893.04. |
49 | (e) The patient who is identified in the record upon a |
50 | written request for the purpose of verifying that information. |
51 | (3) Any agency that obtains such confidential and exempt |
52 | information pursuant to this section must maintain the |
53 | confidential and exempt status of that information; however, the |
54 | Agency for Health Care Administration or a criminal justice |
55 | agency with lawful access to such information may disclose |
56 | confidential and exempt information received from the Department |
57 | of Health to a criminal justice agency as part of an active |
58 | investigation of a specific violation of law. |
59 | (4) Any person who willfully and knowingly violates this |
60 | section commits a felony of the third degree, punishable as |
61 | provided in s. 775.082 or s. 775.083. |
62 | (5) This section is subject to the Open Government Sunset |
63 | Review Act of 1995 in accordance with s. 119.15, and shall stand |
64 | repealed on October 2, 2011, unless reviewed and saved from |
65 | repeal through reenactment by the Legislature. |
66 | Section 2. The Legislature finds that it is a public |
67 | necessity that personal identifying information of a patient, a |
68 | practitioner as defined in s. 893.02, Florida Statutes, or a |
69 | pharmacist as defined in s. 465.003, Florida Statutes, contained |
70 | in records that are reported to the Department of Health under |
71 | s. 893.055, Florida Statutes, the electronic-monitoring system |
72 | for prescription of controlled substances, be made confidential |
73 | and exempt. Information concerning the prescriptions that a |
74 | patient has been prescribed is a private, personal matter |
75 | between the patient, the practitioner, and the pharmacist. |
76 | Nevertheless, reporting of prescriptions on a timely and |
77 | accurate basis by practitioners and pharmacists will ensure the |
78 | ability of the state to review and provide oversight of |
79 | prescribing and dispensing practices. Further, the reporting of |
80 | this information will facilitate investigations and prosecutions |
81 | of violations of state drug laws by patients, practitioners, or |
82 | pharmacists, thereby increasing compliance with those laws. If, |
83 | in the process, however, the information that would identify a |
84 | patient is not made confidential and exempt, any person could |
85 | inspect and copy the record and be aware of the prescriptions |
86 | that a patient has been prescribed. The availability of such |
87 | information to the public would result in the invasion of the |
88 | patient's privacy. If the identity of the patient could be |
89 | correlated with his or her prescriptions, it would be possible |
90 | for the public to become aware of the diseases or other medical |
91 | concerns that a patient is being treated for by his or her |
92 | physician. This knowledge could be used to embarrass or to |
93 | humiliate a patient or to discriminate against him or her. |
94 | Requiring the reporting of prescribing information, while |
95 | protecting a patient's personal identifying information, will |
96 | facilitate efforts to maintain compliance with the state's drug |
97 | laws and will facilitate the sharing of information between |
98 | health care practitioners and pharmacists, while maintaining and |
99 | ensuring patient privacy. Additionally, exempting personal |
100 | identifying information of doctors and pharmacists will ensure |
101 | that an individual will not be able to "doctor-shop," that is to |
102 | determine which doctors prescribe the highest amount of a |
103 | particular type of drug and to seek those doctors out in order |
104 | to increase the likelihood of obtaining a particular prescribed |
105 | substance. Further, protecting personal identifying information |
106 | of pharmacists ensures that an individual will not be able to |
107 | identify which pharmacists dispense the largest amount of a |
108 | particular substance and target that pharmacy for robbery or |
109 | burglary. Thus, the Legislature finds that personal identifying |
110 | information of a patient, a practitioner as defined in s. |
111 | 893.02, Florida Statutes, or a pharmacist as defined in s. |
112 | 465.003, Florida Statutes, contained in records reported under |
113 | s. 893.055, Florida Statutes, must be confidential and exempt |
114 | from disclosure. |
115 | Section 3. This act shall take effect July 1, 2006, if |
116 | House Bill 913, or similar legislation establishing an |
117 | electronic system to monitor the prescribing of controlled |
118 | substances, is adopted in the same legislative session or an |
119 | extension thereof and becomes law. |