HB 943

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
8personal identifying information of a patient; providing
9guidelines for the use of such information and penalties
10for violations; providing for future legislative review
11and repeal; providing a finding of public necessity;
12providing a contingent effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Section 893.056, Florida Statutes, is created
17to read:
18     893.056  Public-records exemption for the electronic-
19monitoring system for prescription of controlled substances
20listed in Schedules II-IV.--
21     (1)  Personal identifying information of a patient, a
22practitioner as defined in s. 893.02, or a pharmacist as defined
23in s. 465.003, which is contained in records held by the
24Department of Health under s. 893.055, the electronic-monitoring
25system for prescription of controlled substances, is
26confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
27of the State Constitution.
28     (2)  The Department of Health shall disclose such
29confidential and exempt information to:
30     (a)  The Agency for Health Care Administration when it has
31initiated a review of specific identifiers of Medicaid fraud and
32abuse.
33     (b)  A criminal justice agency as defined in s. 119.011,
34which enforces the laws of this state or the United States
35relating to controlled substances and which has initiated an
36active investigation involving a specific violation of law.
37     (c)  A practitioner as defined in s. 893.02, or an employee
38of the practitioner who is acting on behalf of and at the
39direction of the practitioner, who requests such information and
40certifies that the information is necessary to provide medical
41treatment to a current patient in accordance with s. 893.05,
42subject to that patient's written consent.
43     (d)  A pharmacist as defined in s. 465.003, or a pharmacy
44intern or pharmacy technician who is acting on behalf of and at
45the direction of the pharmacist, who requests such information
46and certifies that the requested information will be used to
47dispense controlled substances to a current patient in
48accordance with s. 893.04.
49     (e)  The patient who is identified in the record upon a
50written request for the purpose of verifying that information.
51     (3)  Any agency that obtains such confidential and exempt
52information pursuant to this section must maintain the
53confidential and exempt status of that information; however, the
54Agency for Health Care Administration or a criminal justice
55agency with lawful access to such information may disclose
56confidential and exempt information received from the Department
57of Health to a criminal justice agency as part of an active
58investigation of a specific violation of law.
59     (4)  Any person who willfully and knowingly violates this
60section commits a felony of the third degree, punishable as
61provided in s. 775.082 or s. 775.083.
62     (5)  This section is subject to the Open Government Sunset
63Review Act of 1995 in accordance with s. 119.15, and shall stand
64repealed on October 2, 2011, unless reviewed and saved from
65repeal through reenactment by the Legislature.
66     Section 2.  The Legislature finds that it is a public
67necessity that personal identifying information of a patient, a
68practitioner as defined in s. 893.02, Florida Statutes, or a
69pharmacist as defined in s. 465.003, Florida Statutes, contained
70in records that are reported to the Department of Health under
71s. 893.055, Florida Statutes, the electronic-monitoring system
72for prescription of controlled substances, be made confidential
73and exempt. Information concerning the prescriptions that a
74patient has been prescribed is a private, personal matter
75between the patient, the practitioner, and the pharmacist.
76Nevertheless, reporting of prescriptions on a timely and
77accurate basis by practitioners and pharmacists will ensure the
78ability of the state to review and provide oversight of
79prescribing and dispensing practices. Further, the reporting of
80this information will facilitate investigations and prosecutions
81of violations of state drug laws by patients, practitioners, or
82pharmacists, thereby increasing compliance with those laws. If,
83in the process, however, the information that would identify a
84patient is not made confidential and exempt, any person could
85inspect and copy the record and be aware of the prescriptions
86that a patient has been prescribed. The availability of such
87information to the public would result in the invasion of the
88patient's privacy. If the identity of the patient could be
89correlated with his or her prescriptions, it would be possible
90for the public to become aware of the diseases or other medical
91concerns that a patient is being treated for by his or her
92physician. This knowledge could be used to embarrass or to
93humiliate a patient or to discriminate against him or her.
94Requiring the reporting of prescribing information, while
95protecting a patient's personal identifying information, will
96facilitate efforts to maintain compliance with the state's drug
97laws and will facilitate the sharing of information between
98health care practitioners and pharmacists, while maintaining and
99ensuring patient privacy. Additionally, exempting personal
100identifying information of doctors and pharmacists will ensure
101that an individual will not be able to "doctor-shop," that is to
102determine which doctors prescribe the highest amount of a
103particular type of drug and to seek those doctors out in order
104to increase the likelihood of obtaining a particular prescribed
105substance. Further, protecting personal identifying information
106of pharmacists ensures that an individual will not be able to
107identify which pharmacists dispense the largest amount of a
108particular substance and target that pharmacy for robbery or
109burglary. Thus, the Legislature finds that personal identifying
110information of a patient, a practitioner as defined in s.
111893.02, Florida Statutes, or a pharmacist as defined in s.
112465.003, Florida Statutes, contained in records reported under
113s. 893.055, Florida Statutes, must be confidential and exempt
114from disclosure.
115     Section 3.  This act shall take effect July 1, 2006, if
116House Bill 913, or similar legislation establishing an
117electronic system to monitor the prescribing of controlled
118substances, is adopted in the same legislative session or an
119extension thereof and becomes law.


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