Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 518
                        Barcode 591416
                            CHAMBER ACTION
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       04/10/2007 04:49 PM         .                    
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11  The Committee on Criminal Justice (Bennett) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 7, line 8, through
16            page 10, line 4, delete those lines
17  
18  and insert:  
19         893.055  Prescription drug history.--
20         (1)  As used in this section, the term:
21         (a)  "Agency" means the Agency for Health Care
22  Administration.
23         (b)  "Department" means the Department of Health.
24         (c)  "Federal privacy laws" means the provisions
25  relating to the disclosure of patient privacy information
26  under federal law, including, but not limited to, the Health
27  Insurance Portability and Accountability Act of 1996 (HIPAA),
28  Pub. L. No. 104-91, and its implementing regulations, the
29  Federal Privacy Act, 5 U.S.C. s. 552(a), and its implementing
30  regulations, and any other federal law, including, but not
31  limited to, federal common law and decisional law that would
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    12:49 PM   03/29/07                            s0518c-cj21-r3r

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 518 Barcode 591416 1 prohibit the disclosure of patient privacy information. 2 (d) "Health care practitioner" means, with the 3 exception of a pharmacist, a practitioner licensed under 4 chapter 456 and authorized by law to prescribe drugs. 5 (e) "Pharmacy" means a pharmacy subject to licensure 6 or regulation by the department under chapter 465 which 7 dispenses or delivers a controlled substance listed in 8 Schedule II, Schedule III, or Schedule IV to a patient in this 9 state. 10 (2)(a) By June 30, 2008, the agency shall contract 11 with a vendor for the design and operation of a secure, 12 privacy-protected website that provides a health care 13 practitioner, pharmacy, or pharmacist access to comprehensive 14 patient medication history. In order to provide comprehensive 15 patient medication history, the agency shall require the 16 contracted vendor to subcontract with private-sector 17 organizations that currently operate electronic prescribing 18 networks that provide such medication history. 19 (b) The contracted vendor shall comply with all 20 applicable state and federal privacy laws and maintain the 21 website within the United States. 22 (c) The contracted vendor must create a system to 23 verify with the department that each health care practitioner, 24 pharmacy, or pharmacist requesting access to the website holds 25 a valid, active license. 26 (3) A health care practitioner authorized to access 27 the website may use only the website to obtain medication 28 history for a current patient for prescribing purposes with 29 the written permission of the patient. 30 (4) A pharmacy or pharmacist authorized to access the 31 website may use only the website to obtain medication history 2 12:49 PM 03/29/07 s0518c-cj21-r3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 518 Barcode 591416 1 in dispensing a current prescription for Schedule II, Schedule 2 III, or Schedule IV medicinal drugs with the written 3 permission of the patient. The pharmacy or pharmacist may not 4 have access to pharmacy-identifying information within a 5 patient's medication history. 6 (5) Recovery is not allowed in any court in this state 7 against a health care practitioner, pharmacy, or pharmacist 8 authorized to obtain information under this section for 9 accessing or failing to access such information. 10 (6) A violation of this section by a health care 11 practitioner, pharmacy, or pharmacist constitutes grounds for 12 disciplinary action under each respective licensing chapter 13 and s. 456.072(1)(k). 14 (7) Any contractor entering into a contract under this 15 section is liable in tort for the improper release of any 16 confidential information received, in addition to any breach 17 of contract liability. Sovereign immunity may not be raised by 18 the contractor, or the insurer of that contractor on the 19 contractor's behalf, as a defense in any action arising out of 20 the performance of any contract entered into under this 21 section, as a defense in tort, in any other application 22 regarding the maintenance of confidentiality of information, 23 or for any breach of contract. 24 25 26 ================ T I T L E A M E N D M E N T =============== 27 And the title is amended as follows: 28 On page 1, line 19, through 29 page 2, line 3, delete those lines 30 31 and insert: 3 12:49 PM 03/29/07 s0518c-cj21-r3r
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 518 Barcode 591416 1 s. 893.055, F.S.; defining terms; requiring the 2 Agency for Health Care Administration to 3 contract for the creation of a website to 4 provide private-sector medication history to 5 certain pharmacies and health care 6 practitioners; providing limitations on use; 7 providing for liability for the improper 8 release of any confidential information; 9 precluding the use of specified legal defenses 10 by defendants in certain actions; providing 11 penalties; creating s. 893.065, F.S.; requiring 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 12:49 PM 03/29/07 s0518c-cj21-r3r