HB 0943

CS

CHAMBER ACTION

1	The Health Care Regulation Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to public records; creating s. 893.056,
7	F.S.; exempting from public records requirements
8	information and records reported to the Department of
9	Health or the department's contract vendor under the
10	electronic monitoring system for prescription of
11	controlled substances listed in Schedules II-IV;
12	authorizing certain persons and entities access to
13	personal identifying information of a patient; providing
14	guidelines for the use of such information and penalties
15	for violations; providing for future legislative review
16	and repeal; providing a finding of public necessity;
17	providing a contingent effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Section 893.056, Florida Statutes, is created
22	to read:
23	893.056  Public records exemption for the electronic
24	monitoring system for prescription of controlled substances
25	listed in Schedules II-IV.--
26	(1)  Personal identifying information of a patient, a
27	practitioner as defined in s. 893.02, or a pharmacist as defined
28	in s. 465.003 that is contained in records held by the
29	department or the department's contract vendor under s. 893.055,
30	the electronic monitoring system for prescription of controlled
31	substances, is confidential and exempt from s. 119.07(1) and s.
32	24(a), Art. I of the State Constitution.
33	(2)  The department or the department's contract vendor
34	entering into a contract pursuant to s. 893.055(2) shall
35	disclose such confidential and exempt information to:
36	(a)  The executive director of a regulatory board or a
37	board investigator as designated by each board of the regulatory
38	boards of the health care practitioners subject to s. 893.055
39	pursuant to the provisions of s. 456.073.
40	(b)  The Agency for Health Care Administration when it has
41	initiated a review of specific identifiers of Medicaid fraud and
42	abuse.
43	(c)  A criminal justice agency as defined in s. 119.011
44	that enforces the laws of this state or the United States
45	relating to controlled substances and that has secured a
46	subpoena for such confidential and exempt information pursuant
47	to an active investigation of an individual involving a specific
48	violation of law.
49	(d)  A practitioner as defined in s. 893.02, or an employee
50	of the practitioner who is acting on behalf of and at the
51	direction of the practitioner, who requests such information and
52	certifies that the information is necessary to provide medical
53	treatment to a current patient in accordance with s. 893.05,
54	subject to that patient's written consent.
55	(e)  A pharmacist as defined in s. 465.003, or a pharmacy
56	intern or pharmacy technician who is acting on behalf of and at
57	the direction of the pharmacist, who requests such information
58	and certifies that the requested information will be used to
59	dispense controlled substances to a current patient in
60	accordance with s. 893.04.
61	(f)  The patient who is identified in the record upon a
62	written request for the purpose of verifying that information.
63	(3)  Any agency that obtains such confidential and exempt
64	information pursuant to this section must maintain the
65	confidential and exempt status of that information; however, the
66	Agency for Health Care Administration or a criminal justice
67	agency with lawful access to such information may disclose
68	confidential and exempt information received from the department
69	to a criminal justice agency as part of an active investigation
70	of a specific violation of law.
71	(4)  Any person who willfully and knowingly violates this
72	section commits a felony of the third degree, punishable as
73	provided in s. 775.082 or s. 775.083.
74	(5)  This section is subject to the Open Government Sunset
75	Review Act in accordance with s. 119.15 and shall stand repealed
76	on October 2, 2009, unless reviewed and saved from repeal
77	through reenactment by the Legislature.
78	Section 2.  The Legislature finds that it is a public
79	necessity that personal identifying information of a patient, a
80	practitioner as defined in s. 893.02, Florida Statutes, or a
81	pharmacist as defined in s. 465.003, Florida Statutes, contained
82	in records that are reported to the Department of Health under
83	s. 893.055, Florida Statutes, the electronic monitoring system
84	for prescription of controlled substances, be made confidential
85	and exempt. Information concerning the prescriptions that a
86	patient has been prescribed is a private, personal matter
87	between the patient, the practitioner, and the pharmacist.
88	Nevertheless, reporting of prescriptions on a timely and
89	accurate basis by practitioners and pharmacists will ensure the
90	ability of the state to review and provide oversight of
91	prescribing and dispensing practices. Further, the reporting of
92	this information will facilitate investigations and prosecutions
93	of violations of state drug laws by patients, practitioners, or
94	pharmacists, thereby increasing compliance with those laws. If,
95	in the process, however, the information that would identify a
96	patient is not made confidential and exempt, any person could
97	inspect and copy the record and be aware of the prescriptions
98	that a patient has been prescribed. The availability of such
99	information to the public would result in the invasion of the
100	patient's privacy. If the identity of the patient could be
101	correlated with his or her prescriptions, it would be possible
102	for the public to become aware of the diseases or other medical
103	concerns that a patient is being treated for by his or her
104	physician. This knowledge could be used to embarrass or to
105	humiliate a patient or to discriminate against him or her.
106	Requiring the reporting of prescribing information, while
107	protecting a patient's personal identifying information, will
108	facilitate efforts to maintain compliance with the state's drug
109	laws and will facilitate the sharing of information between
110	health care practitioners and pharmacists, while maintaining and
111	ensuring patient privacy. Additionally, exempting personal
112	identifying information of doctors and pharmacists will ensure
113	that an individual will not be able to "doctor-shop," that is to
114	determine which doctors prescribe the highest amount of a
115	particular type of drug and to seek those doctors out in order
116	to increase the likelihood of obtaining a particular prescribed
117	substance. Further, protecting personal identifying information
118	of pharmacists ensures that an individual will not be able to
119	identify which pharmacists dispense the largest amount of a
120	particular substance and target that pharmacy for robbery or
121	burglary. Thus, the Legislature finds that personal identifying
122	information of a patient, a practitioner as defined in s.
123	893.02, Florida Statutes, or a pharmacist as defined in s.
124	465.003, Florida Statutes, contained in records reported under
125	s. 893.055, Florida Statutes, must be confidential and exempt
126	from disclosure.
127	Section 3.  This act shall take effect July 1, 2006, if
128	House Bill 913, or similar legislation establishing an
129	electronic system to monitor the prescribing of controlled
130	substances, is adopted in the same legislative session or an
131	extension thereof and becomes law.

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